65-3233. Rights and duties of procurement organization and others. - Kansas Statutes

65-3233

Chapter 65.--PUBLIC HEALTH Article 32.--REVISED UNIFORM ANATOMICAL GIFT ACT

      65-3233.   Rights and duties of procurementorganization and others.(a) When a hospital refers an individual at or near death toa procurement organization, theorganization shall make a reasonable search of the records of the division ofmotor vehicles of the department of revenue and any donor registry that itknows exists for the geographical areain which theindividual resides to ascertain whether the individual has made an anatomicalgift.

      (b)   A procurement organization must be allowedreasonable access to information in the recordsof the division of motor vehicles of the department of revenue to ascertainwhether an individualat or near death is adonor.

      (c)   When a hospital refers an individual at or near death to a procurementorganization, theorganization may conduct any reasonable examination necessary to ensure themedical suitabilityof a part that is or could be the subject of an anatomical gift fortransplantation, therapy, researchor education from a donor or a prospective donor. During the examinationperiod, measuresnecessary to ensure the medical suitability of the part may not be withdrawnunless the hospitalor procurement organization knows that the individual expressed a contraryintent.

      (d)   Unless prohibited by law other than this act, atany time after a donor's death, the person towhich a part passes underK.S.A. 2009 Supp.65-3230, and amendments thereto,may conduct anyreasonable examinationnecessary toensure the medical suitability of the body or part for its intended purpose.

      (e)   Unless prohibited by law other than this act, anexamination under subsection (c) or (d) mayinclude an examination of all medical and dental records of the donor orprospective donor.

      (f)   Upon the death of a minor who was a donor or hadsigned a refusal, unless a procurementorganization knows the minor is emancipated, the procurement organization shallconduct areasonable search for the parents of the minor and provide the parents with anopportunity torevoke or amend the anatomical gift or revoke the refusal.

      (g)   Upon referral by a hospital under subsection (a),a procurement organization shall make areasonable search for any person listed inK.S.A. 2009 Supp.65-3228, andamendments thereto,having priority to make ananatomical gift onbehalf of a prospective donor. If a procurement organization receivesinformation that ananatomical gift to any other person was made, amended, or revoked, it shallpromptly advise theother person of all relevant information.

      (h)   Subject toK.S.A. 2009 Supp.65-3230 (i) andK.S.A. 2009 Supp.65-3242,and amendments thereto, the rights ofthe person to which a part passes underK.S.A. 2009 Supp.65-3230, andamendments thereto, are superior to the rights of all others withrespect to the part. Theperson may accept or rejectan anatomical gift in whole or in part. Subject to the terms of the document ofgift and this act,a person that accepts an anatomical gift of an entire body may allow embalming,burial orcremation, and use of remains in a funeral service. If the gift is of a part,the person to which thepart passes underK.S.A. 2009 Supp.65-3230, and amendments thereto, upon thedeath of thedonor and before embalming,burial, orcremation, shall cause the part to be removed without unnecessary mutilation.

      (i)   Neither the physician who attends the decedent at death nor the physicianwho determines thetime of the decedent's death may participate in the procedures for removing ortransplanting apart from the decedent.

      (j)   A physician or technician may remove a donated part from the body of adonor that thephysician or technician is qualified to remove.

      History:   L. 2007, ch. 127, § 14; July 1.