(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 motor vehicles 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 Rhode Island General Laws 23-18.6.1-14

  • 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
  • Decedent: A deceased person.
  • Decedent: means a deceased individual whose body or part is or may be the source of an anatomical gift. 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
  • Donor: The person who makes a gift.
  • Donor: means an individual whose body or part is the subject of 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
  • Minor: means an individual who is under eighteen (18) years of age. See Rhode Island General Laws 23-18.6.1-2
  • Part: means an organ, an eye, or tissue of a human being. 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
  • Physician: means an individual authorized to practice medicine or osteopathy under the law of any state. See Rhode Island General Laws 23-18.6.1-2
  • Procurement organization: means an eye bank, organ procurement organization, or tissue bank. See Rhode Island General Laws 23-18.6.1-2
  • 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. 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
  • Technician: means an individual determined to be qualified to remove or process parts by an appropriate organization that is licensed, accredited, or regulated under federal or state law. See Rhode Island General Laws 23-18.6.1-2

(b)  A procurement organization must be allowed reasonable access to information in the records of the Rhode Island Donor Registry 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 assess 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 maintain the potential 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 otherwise prohibited, at any time after a donor’s death, the person to which a part passes under this chapter may conduct any reasonable examination necessary to assess the medical suitability of the body or part for its intended purpose.

(e)  Unless otherwise prohibited, 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 § 23-18.6.1-9 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 the provisions of this chapter, the rights of the person to which a part passes under § 23-18.6.1-11 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. Subject to the terms of the document of gift as specified in this chapter, a person that accepts an anatomical gift of an entire body may allow embalming, burial or cremation, and use of remains in a funeral service. If the gift is of a part, the person to which the part passes under § 23-18.6.1-11, upon the death of the donor and before embalming, burial, or cremation, shall cause the part to be removed without unnecessary mutilation.

(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.

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