2005 Connecticut Code - Sec. 19a-279e. Discussion and request re anatomical gift; search and notification re document of gift or evidence of refusal.

      Sec. 19a-279e. Discussion and request re anatomical gift; search and notification re document of gift or evidence of refusal. (a) If, at or near the time of death of a patient, there is no document of gift or other 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 subsection (a) of section 19a-279c. The request shall 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, for a purpose specified in section 19a-279f. An entry shall be made in the medical record of the patient stating the name and affiliation of the person making the request, and the name, response and relationship to the patient of the person to whom the request was made.

      (b) The following persons shall make a reasonable search for a document of gift or other information identifying the bearer as a donor or as a person who has refused to make an anatomical gift: (1) A law enforcement officer, fireman, paramedic or other emergency rescuer finding a person who the searcher believes is dead or near death; (2) a hospital, upon the admission of a person at or near the time of death, if there is not immediately available any other source of that information; and (3) a procurement organization.

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

      (d) If, at or near the time of death of a patient, a hospital knows that an anatomical gift has been made pursuant to subsection (b) of section 19a-279b and subsection (a) of section 19a-279c or a release and removal of a part has been permitted pursuant to section 19a-279d, or that a patient or a person identified as in transit to the hospital is a donor, the hospital shall notify the donee if one is named and known to the hospital; if not, it shall notify an appropriate procurement organization. The hospital shall cooperate in the implementation of the anatomical gift or release and removal of a part.

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

      (P.A. 88-318, S. 5, 15; P.A. 99-120, S. 2; P.A. 04-122, S. 5.)

      History: P.A. 99-120 deleted former Subsec. (a) requiring the questioning of patients re organ donor status upon admission and relettered remaining Subsecs.; P.A. 04-122 amended Subsec. (a) by replacing "medical record" with "document of gift or other record", amended Subsec. (b) by adding Subdiv. (3) re procurement organization, and amended Subsec. (d) by adding reference to Sec. 19a-279b(b).