§ 130A-412.32. Duty of hospitals to establish organ procurement protocols. - North Carolina Statutes

§ 130A‑412.32.  Duty ofhospitals to establish organ procurement protocols.

(a)        In order tofacilitate the goals of this Part, each hospital shall establish writtenprotocols that:

(1)        Require that onlythe organ procurement organization designated by the Secretary of Health andHuman Services be notified of all deaths or impending brain deaths meetingcriteria for notification as established by the designated organ procurementorganization; and

(2)        Ensure thatnotification required under subdivision (1) of this subsection be made as soonas it is determined that brain death is imminent or cardiac death has occurred.

(b)        Hospitals shallprovide their federally designated organ procurement organizations and tissuebanks reasonable access to patients' medical records for the purpose ofdetermining organ or tissue donation potential.

(c)        The family of anyperson whose organ or tissue is donated for transplantation shall not befinancially liable for any costs related to the evaluation of the suitabilityof the donor's organ or tissue for transplantation, or for any costs ofretrieval of the organ or tissue.

(d)        Each hospital shallprovide its federally designated organ procurement organization with reasonableaccess during regular business hours to the medical records of deceasedpatients for the following purposes:

(1)        Determining thehospital's organ and tissue donation potential;

(2)        Assessing theeducational needs of the hospital in regard to the organ and tissue donationprocess; and

(3)        Providingdocumentation to the hospital to evaluate the effectiveness of the hospital'sefforts.

(e)        Each hospital shallhave a signed agreement with its federally designated organ procurementorganization that addresses the requirements of this section and therequirements of G.S. 130A‑412.33.

(f)         The requirementsof this section, or of any hospital procurement protocols established pursuantto this section, shall not exceed those provided for by the hospital organprotocol provisions of Title XI of the Social Security Act, except for thepurposes of this section the term "organ and tissue donors" shallinclude cornea and tissue donors for transplantation.

(g)        Hospitals andhospital personnel shall not be subject to civil or criminal liability nor todiscipline for unprofessional conduct for actions taken in good faith to complywith this section. This subsection shall not provide immunity from civilliability arising from gross negligence. (1987, c. 719, s. 1; 1989, c. 537, s. 4; 1997‑192,s. 2; 1997‑456, s. 48; 2007‑538, ss. 3(a), 4.)