Maine Revised Statutes Title 22 Sec. 2958 – Donor registry
Current as of: 2023 | Check for updates
|
Other versions
1. Elements of donor registry. A donor registry must:
A. Provide a database that allows an individual who has made an anatomical gift to be included on the donor registry. The Maine Organ Donor Registry maintained under Title 29?A, section 1402?A must comply with this paragraph beginning January 1, 2010; [PL 2007, c. 601, §2 (NEW).]
B. Be accessible to a procurement organization to allow it to obtain relevant information on the donor registry to determine, at or near death of the donor or prospective donor, whether the donor or prospective donor has made an anatomical gift; and [PL 2007, c. 601, §2 (NEW).]
C. Be accessible for purposes of paragraph B 7 days a week on a 24-hour basis. [PL 2007, c. 601, §2 (NEW).]
[PL 2007, c. 601, §2 (NEW).]
Terms Used In Maine Revised Statutes Title 22 Sec. 2958
- Anatomical gift: means a donation of all or part of a human body to take effect after the donor's death for the purposes of transplantation, therapy, research or education. See Maine Revised Statutes Title 22 Sec. 2942
- Contract: A legal written agreement that becomes binding when signed.
- Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 1-A
- Donor: The person who makes a gift.
- Donor: means an individual whose body or part is the subject of an anatomical gift. See Maine Revised Statutes Title 22 Sec. 2942
- Donor registry: means the Maine Organ Donor Registry maintained under Title 29?A, section 1402?A as well as any other electronic database that identifies donors and complies with section 2958. See Maine Revised Statutes Title 22 Sec. 2942
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Organ procurement organization: means a person designated by the United States Secretary of Health and Human Services as an organ procurement organization. See Maine Revised Statutes Title 22 Sec. 2942
- 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 Maine Revised Statutes Title 22 Sec. 2942
- Procurement organization: means an eye bank, organ procurement organization or tissue bank. See Maine Revised Statutes Title 22 Sec. 2942
- 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. See Maine Revised Statutes Title 22 Sec. 2942
- State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. See Maine Revised Statutes Title 22 Sec. 2942
- United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72
2. Nondisclosure of personally identifiable information. Personally identifiable information on a donor registry about a donor or prospective donor may not be used or disclosed without the express consent of the donor, prospective donor or the person that made the anatomical gift for any purpose other than to determine, at or near death of the donor or prospective donor, whether the donor or prospective donor has made an anatomical gift.
[PL 2007, c. 601, §2 (NEW).]
3. Other registries. This section does not prohibit any person from creating or maintaining a donor registry that is not established by or under contract with the State. A registry under this subsection must comply with this chapter.
[PL 2007, c. 601, §2 (NEW).]
4. Certification of donor registries. Prior to the establishment of a nongovernmental donor registry, the donor registry must be certified by the department to ensure the registry operates in accordance with the standards and requirements of this chapter except that a donor registry established by an organ procurement organization designated by and in good standing with the United States Department of Health and Human Services is exempt from the certification requirement.
[PL 2007, c. 601, §2 (NEW).]
5. Rulemaking. The department shall adopt rules to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2?A.
[PL 2007, c. 601, §2 (NEW).]
SECTION HISTORY
PL 2007, c. 601, §2 (NEW).