(a) When a hospital refers an individual at or near death to a procurement organization, the organization shall make a reasonable search of the records of the department and a donor registry.
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Terms Used In Alaska Statutes 13.52.223

  • anatomical gift: means a donation of all or a part of a human body to take effect after the donor's death for the purpose of transplantation, therapy, research, or education. See Alaska Statutes 13.52.390
  • Decedent: A deceased person.
  • department: means the Department of Health. See Alaska Statutes 13.52.390
  • Donor: The person who makes a gift.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • hospital: means a facility
    (A) licensed, accredited, or approved as a hospital under the laws of this state. See Alaska Statutes 13.52.390
  • part: means an organ, tissue, or an eye of a human being, except fetal tissue. See Alaska Statutes 13.52.390
  • person: means an individual, corporation, business trust, estate, trust, partnership, joint venture, association, government, governmental subdivision, governmental agency, or another legal or commercial entity. See Alaska Statutes 13.52.390
(b) A procurement organization shall be allowed reasonable access to information in the records of the department to ascertain whether an individual at or near death is a donor.
(c) Except as provided by Alaska Stat. § 13.52.253, when a hospital refers an individual at or near death to a procurement organization, the organization may conduct any reasonable examination necessary to ensure the medical suitability of a part that is or could be the subject of an anatomical gift for transplantation, therapy, research, or education from a donor or a prospective donor. Except as provided by Alaska Stat. § 13.52.055 or 13.52.253, during the examination period, measures necessary to ensure the medical suitability of the part may not be withheld or withdrawn, unless the hospital or procurement organization knows that the individual expressed a contrary intent.
(d) Unless prohibited by law other than Alaska Stat. § 13.52.173 – 13.52.268, at any time after a donor’s death, the person to whom a part passes under Alaska Stat. § 13.52.207 may conduct any reasonable examination necessary to ensure the medical suitability of the body or part for its intended purpose.
(e) Unless prohibited by law other than Alaska Stat. § 13.52.173 – 13.52.268, an examination under (c) or (d) of this section may include an examination of all medical and dental records of the donor or prospective donor.
(f) Upon the death of a minor who was a donor or had signed a refusal, unless a procurement organization knows the minor is emancipated, the procurement organization shall conduct a reasonable search for the parents of the minor and provide the parents with an opportunity to revoke or amend the anatomical gift or revoke the refusal.
(g) Upon referral by a hospital under (a) of this section, a procurement organization shall make a reasonable search for any person listed in Alaska Stat. § 13.52.197 having priority to make an anatomical gift on behalf of a prospective donor. If a procurement organization receives information that an anatomical gift to any other person was made, amended, or revoked, it shall promptly advise the other person of all relevant information.
(h) Subject to Alaska Stat. § 13.52.207(i) and 13.52.257, the rights of the person to whom a part passes under Alaska Stat. § 13.52.207 are superior to the rights of all others with respect to the part. The person may accept or reject an anatomical gift in whole or in part. Subject to the terms of the document of gift and Alaska Stat. § 13.52.173 – 13.52.268, a person who accepts an anatomical gift of an entire body may allow embalming, burial, or cremation, and use of remains in a funeral service. If the gift is of a part, the person to whom the part passes under Alaska Stat. § 13.52.207, on the death of the donor and before embalming, burial, or cremation, shall cause the part to be removed without unnecessary mutilation.
(i) The physician who attends the decedent at death and the physician who determines the time of the decedent’s death may not participate in the procedures for removing or transplanting a part from the decedent.
(j) A physician or technician may remove a donated part from the body of a donor that the physician or technician is qualified to remove.
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