2006 Louisiana Laws - RS 17:2355.1 — Search for document of anatomical gift

§2355.1.  Search for document of anatomical gift

A.  A reasonable search for a document of gift or other information which may indicate that a person is a donor or has refused to make such a donation shall be made by:

(1)  Any law enforcement officer, fireman, paramedic, or anyone rendering emergency rescue services when the person is near death.

(2)  Any coroner, assistant coroner, or representative of the coroner's office who is investigating the death of a person.

(3)  Any hospital, upon the arrival of a person who is dead or near death.

B.  The results of this search, if any, shall be communicated to the hospital where the person or his body is admitted.

C.  If a person at or near death has been admitted or is in transit to a hospital and has been identified as a donor of his body, organs, tissue, or any part thereof, the hospital shall immediately notify the named donee if one is named and known, and if not, the federally approved organ procurement agency.

D.  The hospital shall cooperate in the implementation of the anatomical gift, including the removal and release of organs and tissue, or any parts thereof.

E.  Failure to discharge the duties imposed under this Section shall not constitute any criminal offense nor shall any person, including the donor, donee, or the heirs of either, have any cause of action hereunder.  However, nothing in this Subsection shall preclude appropriate sanctions under existing disciplinary procedures of the Department of Health and Hospitals, law enforcement agencies, emergency rescue agencies, a coroner's office, or other applicable entities.

Acts 1991, No. 699, §1, eff. Jan. 1, 1992.