2006 Kansas Code - 65-3213

      65-3213.   Search for determining document of gift; delivery of document of gift. (a) The following persons shall make a reasonable search for the limited purpose of determining if there is 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, firefighter, attendant, as defined in K.S.A. 65-6112, and amendments thereto, or other emergency rescuer finding an individual who the searcher believes is dead or near death; and

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

      (b)   If a document of gift or evidence of refusal to make an anatomical gift is located by the search required by subsection (a)(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.

      (c)   If the gift is made by the donor to a specified donee, the will, card, or other document, or an executed copy thereof, may be delivered to the donee to expedite the appropriate procedures immediately after death. Delivery is not necessary to the validity of the gift. The will, card, or other document, or an executed copy thereof, may be deposited in any hospital, bank or storage facility, or registry office that accepts it for safekeeping or for facilitation of procedures after death. On request of any interested party upon or after the donor's death, the person in possession shall produce the document for examination.

      (d)   A person who fails to discharge the duties imposed by this section is not subject to criminal or civil liability.

      History:   L. 1969, ch. 301, § 5; L. 1994, ch. 256, § 4; July 1.