(a)  The following persons shall make a reasonable search of an individual who the person reasonably believes is dead or near death for a document of gift or other information identifying the individual as a donor or as an individual who made a refusal:

(1)  A law enforcement officer, firefighter, paramedic, or other emergency rescuer finding the individual; and

(2)  If no other source of the information is immediately available, a hospital, as soon as practical after the individual’s arrival at the hospital.

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Terms Used In Rhode Island General Laws 23-18.6.1-12

  • Anatomical gift: means a donation of all or part of a human body to take effect after the donor's death for the purpose of transplantation, therapy, research, or education. See Rhode Island General Laws 23-18.6.1-2
  • Document of gift: means inclusion in a donor registry, a donor card or other record used to make an anatomical gift. See Rhode Island General Laws 23-18.6.1-2
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Hospital: means a facility licensed as a hospital under the law of any state or a facility operated as a hospital by the United States, a state, or a subdivision of a state. See Rhode Island General Laws 23-18.6.1-2
  • Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Rhode Island General Laws 23-18.6.1-2
  • Refusal: means a record created under Rhode Island General Laws 23-18.6.1-2

(b)  If a document of gift or a refusal to make an anatomical gift is located by the search required by subdivision (a)(1) and the individual or deceased individual to whom it relates is taken to a hospital, the person responsible for conducting the search shall send the document of gift or refusal to the hospital.

(c)  A person is not subject to criminal or civil liability for failing to discharge the duties imposed by this section but may be subject to administrative sanctions.

History of Section.
P.L. 2007, ch. 476, § 2.