2005 Rhode Island Code - § 23-18.6-5 — Routine inquiry and required request – Search and notification.

    (a) When, in the opinion of the attending physician or other competent medical personnel that the death of any patient is imminent or has occurred, a representative designated by the hospital administration shall notify the federally designated organ/tissue procurement organization of pending death. Except in cases in which the patient is obviously unsuited for donorship, a discussion of possible donation of organs/tissues shall take place according to medical criteria established by the federally designated organ/tissue procurement organization and documentation of notification and resultant options shall take place in the patient's medical record. The hospital administration shall actively support the education of all appropriate hospital personnel concerning organ and tissue donation on a regular basis, and shall take all steps necessary to assure full compliance with this chapter. The federally approved organ procurement organization shall from time to time be asked to render opinion to the state hospital authority as to the adequacy of hospital efforts in this area.

   (b) If, at or near the time of death of a patient, there is no medical record that the patient has made or refused to make an anatomical gift, the hospital administrator or a representative designated by the administrator shall discuss the option to make or refuse to make an anatomical gift and request the making of an anatomical gift pursuant to § 23-18.6-3(a). The request must be made with reasonable discretion and sensitivity to the circumstances of the family. A request is not required if the gift is not suitable, based upon accepted medical standards, established by the federally designated organ/tissue procurement agency, for a purpose specified in § 23-18.6-6. An entry must be made in the medical record of the patient, stating the name and affiliation of the individual making the request, and of the name, response, reason for not asking the next of kin or designee, and relationship to the patient of the person to whom the request was made. The director of the department of health in conjunction with the federally designated organ/tissue procurement organization shall adopt regulations to implement this subsection.

   (c) The following persons shall make a reasonable search for a document of gift or other information identifying the bearer as a donor or as an individual who has refused to make an anatomical gift:

   (1) A law enforcement officer, fireman, paramedic, or other emergency rescuer finding an individual who the searcher believes is dead or near death; and

   (2) A hospital, upon the admission of an individual at or near the time of death, if there is not immediately available any other source of that information.

   (d) If a document of gift or evidence of refusal to make an anatomical gift is located by the search required by subsection (c)(1), and the individual or body to whom it relates is taken to a hospital, the hospital must be notified of the contents and the document or other evidence must be sent to the hospital.

   (e) If, at or near the time of death of a patient, a hospital knows that an anatomical gift has been made pursuant to § 23-18.6-3(a) of a release and removal of a part has been permitted pursuant to § 23-18.6-4, or that a patient or an individual identified as in transit to the hospital is a donor, the hospital shall notify the donee. The hospital shall cooperate in the implementation of the anatomical gift or release and removal of a part.

   (f) A person who fails to discharge the duties imposed by this section is not subject to criminal or civil liability but is subject to appropriate administrative sanctions.

   (g) Each hospital shall develop a protocol for addressing the issue of organ and tissue donation whenever a death occurs in a hospital and the intention of the deceased is unknown. The protocol shall require that any deceased individual's next of kin or other individual, as specified in § 23-18.6-2, shall be informed of the option to donate organs and tissue pursuant to chapter 18 of this title for any purpose specified in § 23-18.6-3. The protocol shall encourage reasonable discretion and sensitivity to the family circumstances in all discussions regarding donations of tissue or organs and may take into account the deceased individual's religious beliefs or obvious non-suitability for organ and tissue donation in determining whether or not to make the request.

   (h) The protocol shall require documentation of the request in the decedent's medical record and, if no request has been made, of the reasons no request has been made. Whether or not consent is granted, the statement shall indicate the name of the person granting or refusing the consent and his or her relationship to the decedent.

   (i) Each hospital shall submit a copy of the protocol to the department of health.