Recovery agent to determine if anatomical gift made
Sec. 3.5. (a) If:
(1) a hospital's designated organ recovery agency determines
that an individual whose death is imminent or who has died is
medically suitable for organ donation;
(2) a hospital's designated organ recovery agency, in the
absence of alternative arrangements by the hospital, and:
(A) using the standards of a potential tissue and eye donor;
(B) using the notification protocol developed by the hospital;
and
(C) consulting with the hospital's designated tissue recovery
agency and eye recovery agency;
determines that an individual whose death is imminent or who
has died is medically suitable for tissue or eye donation;
(3) a hospital's designated tissue recovery agency determines
that an individual whose death is imminent or who has died is
medically suitable for tissue donation; or
(4) a hospital's designated eye tissue recovery agency
determines that an individual whose death is imminent or who
has died is medically suitable for eye donation;
the respective recovery agency shall attempt to ascertain whether the
individual has made a written anatomical gift under section 2(a) of
this chapter or under IC 9-24-17 and, if so, whether the individual
has subsequently revoked the anatomical gift in writing. The
recovery agency shall consult with the individuals identified in
section 2(b) of this chapter who are reasonably available and may
consult with any other sources that are available to the recovery
agency.
(b) The recovery agency shall provide to the following any
information obtained by the recovery agency under subsection (a):
(1) The hospital.
(2) The attending physician.
(3) The physician who certified the individual's death if there is
not an attending physician.
(c) A recovery agency identified in subsection (a) may enter into
a written agreement with a hospital to allow the hospital to ascertain
whether an individual made a written anatomical gift under
subsection 2(a) of this chapter or IC 9-24-17 and whether any
subsequent written revocation of the anatomical gift occurred.
(d) The hospital shall provide to the following any information
obtained by the hospital under subsection (c):
(1) The recovery agency.
(2) The attending physician.
(3) The physician who certified the individual's death if there is
not an attending physician.
(e) A hospital or a recovery agency is immune from civil liability
for determining in good faith and in compliance with this section
that:
(1) an individual made a written anatomical gift; or
(2) an individual subsequently made a written revocation of an
anatomical gift.
As added by P.L.130-2001, SEC.2.
Last modified: May 27, 2006