2013 Kentucky Revised Statutes CHAPTER 311 - PHYSICIANS, OSTEOPATHS, PODIATRISTS, AND RELATED MEDICAL PRACTITIONERS 311.1935 Rights and duties of procurement organization and others.
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311.1935 Rights and duties of procurement organization and others.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
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 Transportation Cabinet, the registry created under KRS 311.1947, 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.
A procurement organization shall be allowed reasonable access to information
in the records of the registries listed in subsection (1) of this section to
ascertain whether an individual at or near death is a donor.
When a hospital refers an individual at or near death to a procurement
organization, the organization may conduct any reasonable examination of
records necessary to ensure 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 ensure the medical suitability of the part may not be
withdrawn unless the hospital or procurement organization knows that the
individual expressed a contrary intent. Measures necessary to ensure the
medical suitability of the part from a prospective donor may be administered
unless it is determined that the administration of those measures would not
provide the prospective donor with appropriate end-of-life care, or it can be
anticipated by reasonable medical judgment that such measures would result
in or hasten the prospective donor's death.
Unless prohibited by law other than KRS 311.1911 to 311.1959, at any time
after a donor's death, the person to which a part passes under KRS 311.1929
may conduct any reasonable examination necessary to ensure the medical
suitability of the body or part for its intended purpose.
Unless prohibited by law other than KRS 311.1911 to 311.1959, an
examination under subsection (3) or (4) of this section may include an
examination of all medical and dental records of the donor or prospective
donor.
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.
Upon referral by a hospital under subsection (1) of this section, a procurement
organization shall make a reasonable search for any person listed in KRS
311.1925 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.
Subject to KRS 311.1929(9) and 311.1953, the rights of the person to which a
part passes under KRS 311.1929 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 and KRS 311.1911 to
311.1959, 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 KRS 311.1929, upon
the death of the donor and before embalming, burial, or cremation, shall cause
the part to be removed without unnecessary mutilation.
(9) 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.
(10) A physician or technician may remove a donated part from the body of a donor
that the physician or technician is qualified to remove.
Effective:July 15, 2010
History: Created 2010 Ky. Acts ch. 161, sec. 13, effective July 15, 2010.
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