1. When a hospital refers an individual at or near death to a procurement organization, the procurement organization shall make a reasonable search of the records of the state department of transportation, department of natural resources, and any donor registry that the hospital knows exists for the geographical area in which the individual resides to ascertain whether the individual has made an anatomical gift.

Terms Used In Iowa Code 142C.8

  • Decedent: means a deceased individual whose body or part is or may be the source of an anatomical gift and includes a stillborn infant. See Iowa Code 142C.2
  • Decedent: A deceased person.
  • Department: means the Iowa department of public health. See Iowa Code 154A.1
  • Document of gift: means a donor card or other record used to make an anatomical gift, including a statement or symbol on a driver's license, identification card, or hunting, fishing, or fur harvester license, or an entry in a donor registry. See Iowa Code 142C.2
  • Donor: The person who makes a gift.
  • Donor: means an individual whose body or part is the subject of an anatomical gift. See Iowa Code 142C.2
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • gift: means a donation of all or part of the human body effective after the donor's death, for the purposes of transplantation, therapy, research, or education. See Iowa Code 142C.2
  • Hospital: means a hospital licensed under chapter 135B, or a hospital licensed, accredited, or approved under federal law or the laws of any other state, and includes a hospital operated by the federal government, a state, or a political subdivision of a state, although not required to be licensed under state laws. See Iowa Code 142C.2
  • Minor: means an individual who is less than eighteen years of age. See Iowa Code 142C.2
  • Part: means an organ, an eye, or tissue of a human being, but does not include the whole body of a human being. See Iowa Code 142C.2
  • Person: means person as defined in section 4. See Iowa Code 142C.2
  • Physician: means an individual authorized to practice medicine and surgery or osteopathic medicine and surgery under the laws of any state. See Iowa Code 142C.2
  • Procurement organization: means an eye bank, organ procurement organization, or tissue bank. See Iowa Code 142C.2
  • Prospective donor: means an individual who is dead or near death and has been determined by a procurement organization to have a part that could be medically suitable for transplantation, therapy, research, or education, but does not include an individual who has made a refusal. See Iowa Code 142C.2
  • Refusal: means a record created pursuant to section 142C. See Iowa Code 142C.2
  • State: means any state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Iowa Code 142C.2
  • Technician: means an individual determined to be qualified to remove or process parts by an appropriate organization that is licensed, accredited, or regulated under federal or state law and includes an enucleator. See Iowa Code 142C.2
 2. A procurement organization shall be allowed reasonable access to information in the records of the state department of transportation and the department of natural resources to ascertain whether an individual at or near death is a donor.
 3. When a hospital refers an individual at or near death to a procurement organization, the procurement 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. During the examination period, measures necessary to ensure the medical suitability of the part shall not be withdrawn unless the hospital or procurement organization knows that the individual expressed a contrary intent.
 4. Unless prohibited by law other than this chapter, at any time after a donor’s death, the person to whom a part passes under section 142C.5 may conduct any reasonable examination necessary to ensure the medical suitability of the body or part for its intended purpose.
 5. Unless prohibited by law other than this chapter, an examination under subsection 3 or 4 may include an examination of all medical and dental records of the donor or prospective donor.
 6. 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.
 7. Upon referral by a hospital under subsection 1, a procurement organization shall make a reasonable search for any person listed in section 142C.4 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, the procurement organization shall promptly advise the other person of all relevant information.
 8. Subject to section 142C.5, subsection 9, the rights of a person to whom a part passes under section 142C.5 are superior to the rights of all other persons with respect to the part.
 9. The person may accept or reject an anatomical gift in whole or in part. Subject to the terms of the document of gift and this chapter, a person who accepts an anatomical gift of an entire body may allow embalming, burial or cremation, and use of the remains in a funeral service. If the gift is of a part, the person to whom the part passes under section 142C.5, upon the death of the donor and prior to embalming, burial, or cremation, shall cause the part to be removed without unnecessary mutilation.
 10. The physician, physician assistant, or advanced registered nurse practitioner who attends the decedent at death and the physician, physician assistant, or advanced registered nurse practitioner who determines the time of death shall not participate in the procedures for removing or transplanting a part from the decedent.
 11. 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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