2006 Louisiana Laws - RS 17:2353 — Persons who may become donees; purposes for which anatomical gifts may be made; out-of-state organ transfer

§2353.  Persons who may become donees; purposes for which anatomical gifts may be made; out-of-state organ transfer

A.  The following persons may become donees of gifts of bodies or parts thereof for the purposes stated:

(1)  Any hospital, surgeon, or physician, for medical or dental education, research, advancement of medical or dental science, therapy, or transplantation to individuals.

(2)  Any accredited medical or dental school, college, or university engaged in medical or dental education or research for educational, research, or medical or dental science purposes.

(3)  The Louisiana-designated organ procurement organization.

(4)  Any person operating an organ procurement organization or an organ bank or storage facility.

(5)  Any specific donee, for therapy or transplantation needed by him.

B.(1)  In the event an anatomical gift is made in the state of Louisiana of any vascular organ for transplantation purposes, if the donor does not name a specific donee and the organ is deemed suitable for transplantation to an individual, the vascular organ shall be donated to the Louisiana-designated organ procurement organization.  Said organization shall use its best efforts to determine if there is a suitable recipient in the state.

(2)(a)  Subject to the provisions of Subparagraph (b) of this Paragraph, if, in the best judgment of the Louisiana-designated organ procurement organization, the people of Louisiana would be best served by the organization's entry into reciprocal agreements for the sharing of vascular organs with qualified organ procurement organizations in other states, then the organization shall have the authority, with sole discretion as to terms and conditions, to enter into such vascular organ-sharing arrangements as it may deem advisable, necessary, or expedient.  The terms of such vascular organ-sharing arrangements may provide that a vascular organ recovered in Louisiana may be transferred to an out-of-state organ procurement organization and transplanted there into a suitable recipient, before such vascular organ is offered and placed into a suitable recipient located in Louisiana.

(b)  Prior to the Louisiana-designated organ procurement organization entering into a reciprocal agreement, the proposed agreement shall be submitted to the Senate Committee on Health and Welfare and the House Committee on Health and Welfare for review and comment.

(3)  The Louisiana-designated organ procurement organization may only transfer a vascular organ to an out-of-state organ procurement organization or suitable out-of-state recipient for transplantation if either:

(a)  A suitable recipient in the state of Louisiana cannot be found in a reasonable amount of time.

(b)  The Louisiana-designated organ procurement organization has a reciprocal agreement with the out-of-state procurement organization as provided in Paragraph (2) of this Subsection.

Acts 1968, No. 651, §1; Acts 1997, No. 99, §1, eff. June 11, 1997.