2015 Kentucky Revised Statutes
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Testing of organs, skin, or other human tissue for HIV and other
communicable diseases, with informed consent.
Every donation of organs, skins, or other human tissue for transplantation to another
shall be tested by the agency responsible for procuring the organ, skin, or other
human tissue prior to use for human immunodeficiency virus infection and other
communicable diseases specified by the United Network for Organ Sharing,
American Association of Tissue Banks, and Eye Bank Association of America.
Tests for the human immunodeficiency virus infection shall be performed only after
obtaining written, informed consent from the potential donor or the donor's legal
representative. Obtaining consent shall include a fair explanation of the procedures
to be followed and the meaning and use of the test results. The explanation shall
include a description of the confidential nature of the test as described in KRS
214.625. If consent for testing is not given, the person shall not be accepted as a
Notwithstanding the provisions of subsection (1) of this section, written informed
consent to perform testing shall not be required if the organ, skin, or other human
tissue is received for processing or testing from out-of-state or if tissue is received
from a health care facility or health care provider for reference testing or processing
and the results of the test are reported back to the facility or provider.
No person shall collect any organ, skin, or other human tissue from one (1) human
being and hold it for, or actually perform, any implantation, transplantation,
grafting, or any other method of transfer to another human being without first
testing the tissue for the human immunodeficiency virus and other communicable
diseases specified by the United Network for Organ Sharing, American Association
of Tissue Banks, and Eye Bank Association of America, or without performing
another process approved by the United Network for Organ Sharing, American
Association of Tissue Banks, and Eye Bank Association of America capable of
killing the causative agent of those diseases.
All human organs, skin, or other human tissue which is to be transplanted to another
and is found positive for human immunodeficiency virus or other communicable
disease specified by the United Network for Organ Sharing, American Association
of Tissue Banks, and Eye Bank Association of America shall be rendered
noncommunicable by the person holding the tissue or shall be destroyed, unless the
human tissue is specifically labeled to identify the human immunodeficiency virus
(a) Is used for research purposes; or
(b) Is used to save the life of another and is transferred with the recipient's
Each agency which procures organs, skin, or other human tissue, who finds
evidence after confirmatory testing of human immunodeficiency virus in the donor,
shall notify the donor or legal representative. If the donor is a patient of a health
facility within the Commonwealth, the following information shall be given:
(a) The meaning of the test results;
Measures for the prevention of the transmission of the human
(c) The availability in the geographic area of any appropriate health care services,
including mental health care, and appropriate social and support services;
(d) The benefits of locating and counseling any individual by whom the infected
individual may have been exposed to human immunodeficiency virus and any
individual whom the infected individual may have exposed to the virus; and
(e) The availability, if any, of the services of public health authorities with respect
to locating and counseling any individual described in paragraph (d) of this
The donor shall be notified of the confirmed positive test results in person. Persons
shall be notified of negative test results either in person, by registered mail, or by
phone. Notification is the responsibility of the agency responsible for procuring
skin, organs, or other donated tissue. Notification shall be the responsibility of the
agency responsible for procuring skin, organs, or other donated tissue.
Prior to the transplant of an organ or artificial insemination, the institution or
physician responsible for overseeing the procedure shall provide the prospective
recipient information as to the risks of contracting human immunodeficiency virus.
Effective: July 13, 1990
History: Created 1990 Ky. Acts ch. 443, sec. 41, effective July 13, 1990.
CHAPTER 311 - PHYSICIANS, OSTEOPATHS, PODIATRISTS, AND RELATED MEDICAL PRACTITIONERS
311.281 Testing of organs, skin, or other human tissue for HIV and other communicable diseases, with informed consent.
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