(a) When a hospital refers an individual at or near death to a procurement organization, the organization shall make a reasonable search of the records of the department of safety and any donor registry that it knows exists for the geographical area in which the individual resides to ascertain whether the individual has made an anatomical gift.
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Terms Used In Tennessee Code 68-30-114

  • 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 Tennessee Code 68-30-102
  • Decedent: A deceased person.
  • Decedent: includes a stillborn infant and, subject to restrictions imposed by law other than this part, a fetus. See Tennessee Code 68-30-102
  • Donor: The person who makes a gift.
  • Donor: means an individual whose body or part is the subject of an anatomical gift. See Tennessee Code 68-30-102
  • 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 Tennessee Code 68-30-102
  • Minor: means an individual who is under eighteen (18) years of age. See Tennessee Code 68-30-102
  • Part: means an organ, an eye, or tissue of a human being. See Tennessee Code 68-30-102
  • 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 Tennessee Code 68-30-102
  • Physician: means an individual authorized to practice medicine or osteopathy under the law of any state. See Tennessee Code 68-30-102
  • Procurement organization: means an eye bank, organ procurement organization, or tissue bank. See Tennessee Code 68-30-102
  • 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 Tennessee Code 68-30-102
  • Refusal: means a record under §. See Tennessee Code 68-30-102
  • signed: includes a mark, the name being written near the mark and witnessed, or any other symbol or methodology executed or adopted by a party with intention to authenticate a writing or record, regardless of being witnessed. See Tennessee Code 1-3-105
  • Technician: includes an enucleator. See Tennessee Code 68-30-102
(b) A procurement organization shall be allowed reasonable access to information in the records of the department of safety to ascertain whether an individual at or near death is a donor.
(c) When a hospital refers an individual at or near death to a procurement organization, the organization may conduct any reasonable examination necessary to ensure the medical suitability of a part that is or could be the subject of an anatomical gift for transplantation, therapy, research, or education from a donor or a prospective donor. During the examination period, measures necessary to ensure the medical suitability of the part may not be withdrawn unless the hospital or procurement organization knows that the individual expressed a contrary intent.
(d) Unless prohibited by law other than this part, at any time after a donor’s death, the person to which a part passes under § 68-30-111 may conduct any reasonable examination necessary to ensure the medical suitability of the body or part for its intended purpose.
(e) Unless prohibited by law other than this part, an examination under subsection (c) or (d) may include an examination of all medical and dental records of the donor or prospective donor.
(f) Upon the death of a minor who was a donor or had signed a refusal, unless a procurement organization knows the minor is emancipated, the procurement organization shall conduct a reasonable search for the parents of the minor and provide the parents with an opportunity to revoke or amend the anatomical gift or revoke the refusal.
(g) Upon referral by a hospital under subsection (a), a procurement organization shall make a reasonable search for any person listed in § 68-30-109 having priority to make an anatomical gift on behalf of a prospective donor. If a procurement organization receives information that an anatomical gift to any other person was made, amended, or revoked, it shall promptly advise the other person of all relevant information.
(h) Subject to § 68-30-111(i), the rights of the person to which a part passes under § 68-30-111 are superior to the rights of all others with respect to the part. The person may accept or reject an anatomical gift in whole or in part.
(i) Neither the physician who attends the decedent at death nor the physician who determines the time of the decedent‘s death may participate in the procedures for removing or transplanting a part from the decedent.
(j) A physician or technician may remove a donated part from the body of a donor that the physician or technician is qualified to remove.
(k) Neither the person making an anatomical gift nor the donor’s estate is liable for any injury or damage that results from the making or use of the gift.
(l) In determining whether an anatomical gift has been made, amended, or revoked under this part, a person may rely upon representations of an individual listed in § 68-30-109(a)(3), (a)(4), (a)(5), (a)(6), (a)(7), or (a)(8) relating to the individual’s relationship to the donor or prospective donor, unless the person knows that the representation is untrue.
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