2005 West Virginia Code - §16-19-5. — Information regarding anatomical donation; requests for anatomical gifts; search and notification.

§16-19-5. Information regarding anatomical donation; requests for anatomical gifts; search and notification.

(a) All hospitals in this state shall provide general information available to the public regarding anatomical donation in the patient admission area of each facility.
(b) At the time of admission to a hospital, every patient who is at least eighteen years of age shall receive, as part of the hospital admission packet, information regarding anatomical donation, including, but not limited to, (1) general facts about anatomical donation, (2) an explanation of their rights to make an anatomical gift, (3) a document of gift card for making an anatomical gift and (4) a card for acknowledging an existing document of gift. If the patient completes a document of gift card making an anatomical gift at the time of admission or at any time thereafter, or if the patient completes a card acknowledging an existing document of gift, the appropriate notation is to be prominently placed in the patient's medical record.
(c) On or near the occurrence of each death in a hospital, the hospital shall contact the regional organ procurement organization by telephone to determine the suitability for organ, tissue and eye donation for any purpose specified under this chapter. The person designated by the hospital to contact the organ procurement organization shall have (1) the patient's name and identifier number, (2) the patient's age, (3) the cause of death and (4) any available current and past medical history available prior to making the contact. The organ procurement organization shall collaborate with the hospital's designated tissue or eye bank when there are tissue or eye donations. The organ procurement organization, in consultation with the patient's attending physician or hospital designee, shall determine suitability for donation.
(d) If it is determined that donation is not appropriate based on medical criteria, hospital personnel shall note this fact in the patient's record and no further action is necessary.
(e) If it is determined that the patient is a suitable candidate for anatomical donation, and there is no document of gift or other information evidencing a refusal to make an anatomical gift, a designated requestor shall immediately contact the appropriate persons who are authorized to make an anatomical gift of a patient's body, as provided in section three of this article, and inquire as to whether the patient was an anatomical donor. If those persons contacted by the designated requestor are unaware of the patient's intent regarding anatomical donation, and if no document of gift satisfying the requirements of subsection (b) or (c), section two of this article is found, the designated requestor shall inform those individuals authorized to make an anatomical gift that they have the option of making an anatomical gift of all or part of the patient's body. The designated requestor shall use discretion and be sensitive to family circumstances, cultural background and religious beliefs of the patient.
(f) The following persons shall make a reasonable search for 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, fireman, paramedic or other emergency rescuer finding an individual who the searcher believes is dead or near death;
(2) A hospital, upon the admission of an individual at or near the time of death, if there is not immediately available any other source of that information; and
(3) The coroner or chief medical examiner as provided in subdivision (2), subsection (a), section four of this article when a body is placed in that official's custody.
(g) If a law-enforcement officer, fireman, paramedic or other emergency rescuer finds a document of gift or evidence of refusal to make an anatomical gift by the search required by subsection (f) of this section, he or she shall notify the hospital where the individual or body is taken of the contents and send the document or other evidence to the hospital.
(h) If at or near the time of death of a patient, a hospital knows that (1) an anatomical gift has been made pursuant to subsection (a), section three of this article, (2) a release and removal of a part has been permitted pursuant to section four of this article, or (3) that the patient or an individual in transit to the hospital is a donor, the hospital shall notify the appropriate donee or procurement organization. The hospital shall cooperate in the implementation of the anatomical gift or release and removal of a part.
(i) Any person who fails to discharge the duties imposed by this section is not subject to criminal or civil liability but is subject to appropriate administrative sanctions.