2006 New York Code - Duties Of Hospital Administrators, Organ Procurement Organizations, Eye Banks And Tissue Banks

 
    §   4351.   Duties   of  hospital  administrators,  organ  procurement
  organizations, eye banks and tissue banks. 1. (a) When the  death  of  a
  person  in  a  hospital  has occurred or is imminent, the hospital shall
  contact the federally designated organ procurement organization in order
  to make a preliminary determination of the suitability of the person for
  organ donation, except where not  required  by  paragraph  (c)  of  this
  subdivision.
    (b)  Where  contact  with  the  federally designated organ procurement
  organization is not required under criteria developed regionally by  the
  federally  designated  organ  procurement  organization  subject  to the
  approval of such criteria by the department, the hospital shall  contact
  the  appropriate  eye  bank or tissue bank, except where not required by
  paragraph (c) of this subdivision.
    (c)  The  federally  designated  organ  procurement  organization,  in
  consultation  with  the tissue procurement providers, may issue criteria
  under which a hospital shall not be required to make the  contact  under
  this subdivision.
    (d)  All  hospitals  shall select at least one eye bank or tissue bank
  for the procurement of tissue, as defined in section forty-three hundred
  sixty of this chapter. A hospital shall notify the federally  designated
  organ  procurement  organization  of  its  choice  of tissue procurement
  providers. If a hospital selects more than one eye bank or  tissue  bank
  as  a  procurement  provider, it may specify a rotation of referrals for
  purposes of tissue procurement.
    2. Where the federally designated organ procurement organization,  eye
  bank  or  tissue  bank  is contacted, it shall, in consultation with the
  hospital,  after  appropriate  medical  screening  (which  may   include
  serological  testing if applicable) determine suitability for organ, eye
  and tissue donation, as appropriate. Where a federally designated  organ
  procurement  organization is contacted, it shall contact the appropriate
  eye bank or tissue bank with respect to suitability for  eye  or  tissue
  donation.
    3.  If  the  federally  designated organ procurement organization, eye
  bank or tissue bank determines  that  organ,  eye  or  tissue  donation,
  respectively,  is not appropriate based on established medical criteria,
  this shall be noted by hospital personnel on the patient's  record,  and
  no  further  action  with  respect  to  organ,  eye  or tissue donation,
  respectively, is necessary.
    4. Where a patient is a suitable candidate for organ,  eye  or  tissue
  donation  and where the patient has not properly executed an organ donor
  card,  driver's  license  authorization  to  make  an  anatomical  gift,
  pursuant  to  paragraph  (a)  of subdivision one of section five hundred
  four of  the  vehicle  and  traffic  law,  or  otherwise  given  written
  authorization  for  organ,  eye  or tissue donation, the hospital or its
  designee shall cause a timely request to be made to any of the following
  persons, in order of priority stated, when persons in prior classes  are
  not available and in the absence of actual notice of contrary intentions
  by  the  decedent, or actual notice of opposition by a person or persons
  in the highest priority available of the classes specified in  paragraph
  (a),  (b),  (c),  (d),  or  (e)  of this subdivision, or other reason to
  believe that an anatomic gift is contrary to  the  decedent's  religious
  beliefs,  to  consent  to  the gift of all or any part of the decedent's
  body for any purpose specified in article forty-three of this chapter:
    (a) the spouse;
    (b) a son or daughter eighteen years of age or older;
    (c) either parent;
    (d) a brother or sister eighteen years of age or older;
    (e) a guardian of the person of the decedent at the time of his death.
    5. The person initiating the request shall be designated by a hospital
  and  shall  be  a  representative  of  a  federally   designated   organ
  procurement  organization,  eye  bank,  tissue  bank,  or  a  designated
  requestor. As used in this section a "designated requestor" shall mean a
  person  who  has  completed  a course provided by a federally designated
  organ procurement organization, eye bank or tissue  bank,  whichever  is
  applicable,  on  how  to  approach  potential donor families and request
  organ, eye, or tissue donation.
    6. Any employee or agent of a federally designated  organ  procurement
  organization,  eye  bank  or tissue bank acting pursuant to this section
  shall be held to the same standard of confidentiality as that imposed on
  employees of the hospital.
    7. The provisions of subdivision three of section forty-three  hundred
  six  of  this  chapter  shall  apply  to  this  section.  To  the extent
  permissible under such subdivision, any person  or  organization  acting
  pursuant to this section, shall be legally responsible for any negligent
  or intentional act or omission committed by such entity or its employees
  or agents.
    8.  A gift made pursuant to the request required by this section shall
  be executed pursuant to applicable provisions of article forty-three  of
  this chapter.
    9.   The  commissioner  shall  establish  regulations  concerning  the
  training of persons who may be designated to perform  the  request,  and
  the procedures to be employed in making it.
    10.  The  commissioner  shall establish such additional regulations as
  are necessary for the implementation of this section.