Iowa Code 142C.12B – Effect of anatomical gift on advance health care directive
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1. As used in this section:
a. “Advance health care directive” means a durable power of attorney for health care pursuant to chapter 144B or a record signed or authorized by a prospective donor containing the prospective donor‘s direction concerning a health care decision for the prospective donor.
b. “Declaration” means a record signed by a prospective donor specifying the circumstances under which a life support system may be withheld or withdrawn from the prospective donor.
c. “Health care decision” means any decision regarding the health care of the prospective donor.
Terms Used In Iowa Code 142C.12B
- Advance health care directive: means a durable power of attorney for health care pursuant to chapter 144B or a record signed or authorized by a prospective donor containing the prospective donor's direction concerning a health care decision for the prospective donor. See Iowa Code 142C.12B
- Agent: means an individual who meets any of the following conditions:a. See Iowa Code 142C.2
- Declaration: means a record signed by a prospective donor specifying the circumstances under which a life support system may be withheld or withdrawn from the prospective donor. See Iowa Code 142C.12B
- Donor: The person who makes a gift.
- Donor: means an individual whose body or part is the subject of an anatomical gift. See Iowa Code 142C.2
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- gift: means a donation of all or part of the human body effective after the donor's death, for the purposes of transplantation, therapy, research, or education. See Iowa Code 142C.2
- Health care decision: means any decision regarding the health care of the prospective donor. See Iowa Code 142C.12B
- Part: means an organ, an eye, or tissue of a human being, but does not include the whole body of a human being. See Iowa Code 142C.2
- Person: means a natural person. See Iowa Code 154A.1
- Person: means person as defined in section 4. See Iowa Code 142C.2
- Physician: means an individual authorized to practice medicine and surgery or osteopathic medicine and surgery under the laws of any state. See Iowa Code 142C.2
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- Procurement organization: means an eye bank, organ procurement organization, or tissue bank. See Iowa Code 142C.2
- Prospective donor: means an individual who is dead or near death and has been determined by a procurement organization to have a part that could be medically suitable for transplantation, therapy, research, or education, but does not include an individual who has made a refusal. See Iowa Code 142C.2
- Reasonably available: means able to be contacted by a procurement organization without undue effort and willing and able to act in a timely manner consistent with existing medical criteria necessary for the making of an anatomical gift. See Iowa Code 142C.2
- Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Iowa Code 142C.2
2. a. If a prospective donor has a declaration or advance health care directive and the terms of the declaration or directive and the express or implied terms of a potential anatomical gift are in conflict with regard to the administration of measures necessary to ensure the medical suitability of a part for transplantation or therapy, the prospective donor’s attending physician and prospective donor shall confer to resolve the conflict.b. If the prospective donor is incapable of resolving the conflict, an agent acting under the prospective donor’s declaration or directive or, if no agent exists or the agent is not reasonably available, another person, authorized by law other than this chapter to make health care decisions on behalf of the prospective donor, shall act for the donor to resolve the conflict. The agent or other person shall resolve the conflict consistent with the desires of the donor as expressed in a declaration executed in accordance with chapter 144A, or a durable power of attorney for health care executed in accordance with chapter 144B, or as otherwise known, or if not known, consistent with the donor’s best interest.c. The conflict shall be resolved as expeditiously as possible.d. Information relevant to the resolution of the conflict may be obtained from the appropriate procurement organization and any other person authorized to make an anatomical gift for the prospective donor under section 142C.4. Prior to resolution of the conflict, measures necessary to ensure the medical suitability of the part shall not be withheld or withdrawn from the prospective donor if withholding or withdrawing the measures is not contraindicated by appropriate end-of-life care.