Indiana Code - Probate - Title 29, Section 29-2-16-10

Duty to inform of donor options

Sec. 10. (a) As used in this section:

"Administrator" means a hospital administrator or a hospital
administrator's designee.

"Gift" means a gift of all or any part of the human body made
under this chapter.

"Representative" means a person who is:
(1) authorized under section 2(b) of this chapter to make a gift
on behalf of a decedent; and
(2) available at the time of the decedent's death when members
of a prior class under section 2(b) of this chapter are
unavailable.

(b) An administrator of each hospital or the administrator's
designee may ask each patient who is at least eighteen (18) years of
age if the patient is an organ or a tissue donor or if the patient desires
to become an organ or a tissue donor.
(c) The governing board of each hospital shall adopt procedures
to determine under what circumstances an administrator or an
administrator's designee may ask a patient if the patient is an organ
or a tissue donor or if the patient desires to become an organ or a
tissue donor.
(d) The administrator shall inform the representative of the
procedures available under this chapter for making a gift whenever:
(1) an individual dies in a hospital;
(2) the hospital has not been notified that a gift has been
authorized under section 2 of this chapter; and
(3) a physician determines that the individual's body may be
suitable of yielding a gift.
(e) If:
(1) an individual makes an anatomical gift on the individual
driver's license or identification card under IC 9-24-17; and
(2) the individual dies;
the person in possession of the individual driver's license or
identification card shall immediately produce the driver's license or
identification card for examination upon request, as provided in
section 5 of this chapter.
(f) A gift made in response to information provided under this
section must be documented as described under section 4(g) of this
chapter.
(g) When a representative is informed under this section about the
procedures available for making a gift, the fact that the representative
was so informed must be noted in the decedent's medical record.
(h) A person who fails to discharge the duties imposed by this
section is not subject to criminal or civil liability but may be subject
to administrative sanctions.

As added by P.L.173-1986, SEC.1. Amended by P.L.286-1987,
SEC.1; P.L.2-1991, SEC.91; P.L.36-1993, SEC.5; P.L.126-1995,
SEC.7; P.L.135-1995, SEC.5; P.L.29-2000, SEC.8.

Last modified: May 27, 2006