§ 130A-412.33. Duty of designated organ procurement organizations and tissue banks. - North Carolina Statutes

§ 130A‑412.33.  Duty ofdesignated organ procurement organizations and tissue banks.

(a)        After notificationregarding an impending brain death, brain death, or cardiac death has been madeto the federally designated organ procurement organization, the federallydesignated organ procurement organization shall evaluate donation potential.

(b)        The federallydesignated organ procurement organization or tissue bank shall assure thatfamilies of potential organ and tissue donors are made aware of the option oforgan and tissue donation and their option to decline.

(c)        The federallydesignated organ procurement organization or tissue bank shall, workingcollaboratively with the hospital, request consent for organ or tissue donationin the order of priority established under G.S. 130A‑412.11 and shallhave designated, trained staff available to perform the consent process 24hours a day, 365 days a year.

(d)        The federallydesignated organ procurement organization or tissue bank shall encouragediscretion and sensitivity with respect to the circumstances, views, andbeliefs of the families of potential organ and tissue donors.

(e)        All hospital andpatient information, interviews, reports, statements, memoranda, and other dataobtained or created by a tissue bank or federally designated organ procurementorganization from the medical records review described in G.S. 130A‑412.33shall be privileged and confidential and may be used by the tissue bank orfederally designated organ procurement organization only for the purposes setforth in G.S. 130A‑412.33 and shall not be subject to discovery orintroduction as evidence in any civil action, suit, or proceeding. However,hospital and patient information, interviews, reports, statements, memoranda,and other data otherwise available are not immune from discovery or use in acivil action, suit, or proceeding merely because they were obtained or createdby a tissue bank or federally designated organ procurement organization fromthe medical records review described in G.S. 130A‑412.33.

(f)         If the hospital ismade a party of any action, suit, or proceeding arising out of the failure of afederally designated organ procurement organization or tissue bank to complywith the requirements of this section, the hospital shall be held harmless fromany and all liability and costs, including the amounts of judgments,settlements, fines, or penalties, and expenses and reasonable attorneys' feesincurred in connection with the action, suit, or proceeding. (1997‑192, s. 3; 2007‑538,ss. 3(a), 5, 6.)