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Terms Used In Louisiana Revised Statutes 17:2355.1

  • Document of gift: means a donor card or other record used to make an anatomical gift. See Louisiana Revised Statutes 17:2351
  • Donor: The person who makes a gift.
  • Donor: means a person whose body or part is the subject of an anatomical gift. See Louisiana Revised Statutes 17:2351
  • 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 a human body to take effect after the death of the donor for the purpose of transplantation, therapy, research, or education. See Louisiana Revised Statutes 17:2351
  • Hospital: means a facility licensed as a hospital under the laws of any state or a facility operated as a hospital by the United States, a state, or a subdivision of a state. See Louisiana Revised Statutes 17:2351
  • 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 Louisiana Revised Statutes 17:2351
  • Refusal: means a record created pursuant to the provisions of Louisiana Revised Statutes 17:2351

A.  The following persons shall make a reasonable search of a person reasonably believed to be near death for a document of gift or other information identifying the person as a donor or a person who has refused to make such a donation:

(1)  Any law enforcement officer, fireman, paramedic, or any other emergency rescuer assisting the person.

(2)  A coroner or his designee.

(3)  Any hospital, as soon as practical after the arrival of the person.

B.  Upon death of a person, a coroner or his designee shall make a reasonable search of that person for a document of gift or other information as a donor or a person who has refused to make such a donation.

C.  If a document of gift or refusal to make an anatomical gift is located in accordance with this Section, and the person or decedent to whom the document is related is taken to a hospital, the document of gift or refusal shall be sent to the hospital.

D.  A person shall not be subject to criminal or civil liability for failing to discharge the duties imposed by this Section but may be subject to administrative sanctions.

Acts 1991, No. 699, §1, eff. Jan. 1, 1992; Acts 2010, No. 937, §§2, 3, eff. July 1, 2010; Acts 2014, No. 390, §3.