Maine Revised Statutes Title 22 Sec. 2954 – Rights and duties of procurement organization and others
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1. Reasonable search of registry and records. When a hospital refers an individual at or near death to a procurement organization, the organization shall make a reasonable search of any donor registry and records of the Secretary of State that it knows exist for the geographical area in which the individual resides to ascertain whether the individual has made an anatomical gift.
[PL 2007, c. 601, §2 (NEW).]
Terms Used In Maine Revised Statutes Title 22 Sec. 2954
- Anatomical gift: means a donation of all or part of a human body to take effect after the donor's death for the purposes of transplantation, therapy, research or education. See Maine Revised Statutes Title 22 Sec. 2942
- Decedent: A deceased person.
- Decedent: includes a stillborn infant and, subject to restrictions imposed by law other than this chapter, a fetus. See Maine Revised Statutes Title 22 Sec. 2942
- Document of gift: means a donor card, advance directive or other record used to make an anatomical gift. See Maine Revised Statutes Title 22 Sec. 2942
- Donor: The person who makes a gift.
- Donor: means an individual whose body or part is the subject of an anatomical gift. See Maine Revised Statutes Title 22 Sec. 2942
- Donor registry: means the Maine Organ Donor Registry maintained under Title 29?A, section 1402?A as well as any other electronic database that identifies donors and complies with section 2958. See Maine Revised Statutes Title 22 Sec. 2942
- 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 licensed as a hospital under chapter 405 or the law of any state or a facility operated as a hospital by the United States, a state or a subdivision of a state. See Maine Revised Statutes Title 22 Sec. 2942
- Part: means an organ, an eye or tissue of a human being. See Maine Revised Statutes Title 22 Sec. 2942
- Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality or any other legal or commercial entity. See Maine Revised Statutes Title 22 Sec. 2942
- Physician: means an individual authorized to practice medicine or osteopathy under the law of any state. See Maine Revised Statutes Title 22 Sec. 2942
- Procurement organization: means an eye bank, organ procurement organization or tissue bank. See Maine Revised Statutes Title 22 Sec. 2942
- 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. See Maine Revised Statutes Title 22 Sec. 2942
- Refusal: means a record created under section 2947 that expressly states an intent to bar other persons from making an anatomical gift of an individual's body or part. See Maine Revised Statutes Title 22 Sec. 2942
- State: means a 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 Maine Revised Statutes Title 22 Sec. 2942
- Technician: includes an enucleator. See Maine Revised Statutes Title 22 Sec. 2942
2. Reasonable access to records of donor registry. A procurement organization must be allowed reasonable access to information in the records of the donor registry to ascertain whether an individual at or near death is a donor.
[PL 2007, c. 601, §2 (NEW).]
3. Reasonable examination to determine medical suitability. When a hospital refers an individual at or near death to a procurement organization, the organization may conduct any reasonable examination necessary to assess 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 maintain the potential medical suitability of the part may not be withdrawn unless the hospital or procurement organization knows that the individual expressed a contrary intent.
[PL 2007, c. 601, §2 (NEW).]
4. Reasonable examination after death. Unless prohibited by law other than this chapter, at any time after a donor’s death, the person to which a part passes under section 2951 may conduct any reasonable examination necessary to assess the medical suitability of the body or part for its intended purpose.
[PL 2007, c. 601, §2 (NEW).]
5. Examination of medical records. Unless prohibited by law other than this chapter, an examination under subsection 3 or 4 may include an examination of all medical records of the donor or prospective donor.
[PL 2007, c. 601, §2 (NEW).]
6. Reasonable search for parents of minor. If a donor, at the time of death, is under 18 years of age, a procurement organization shall conduct a reasonable search for the parents of the donor and, unless the procurement organization knows the donor is an emancipated minor, provide the parents with an opportunity to revoke or amend the anatomical gift or revoke a refusal.
[PL 2007, c. 601, §2 (NEW).]
7. Reasonable search for person to make gift on behalf of donor. A procurement organization shall make a reasonable search for any person listed in section 2949 having priority to make an anatomical gift on behalf of a prospective donor.
[PL 2007, c. 601, §2 (NEW).]
8. Advise of relevant information. 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.
[PL 2007, c. 601, §2 (NEW).]
9. Superior rights. Subject to section 2951, subsection 8 and section 2961, the rights of the person to which a part passes under section 2951 are superior to 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 this chapter, a person that accepts an anatomical gift of an entire body may allow embalming or cremation and use of remains in a funeral service. If the gift is of a part, the person to which the part passes under section 2951, upon the death of the donor and before embalming or cremation, shall cause the part to be removed without unnecessary mutilation.
[PL 2007, c. 601, §2 (NEW).]
10. Removal or transplantation procedure. Neither the physician who attends the decedent at death nor the physician who determines the time of the decedent‘s death may participate in the procedures for removing or transplanting a part from the decedent.
[PL 2007, c. 601, §2 (NEW).]
11. Physician or technician qualified. A physician or technician may remove a donated part from the body of a donor that the physician or technician is qualified to remove.
[PL 2007, c. 601, §2 (NEW).]
SECTION HISTORY
PL 2007, c. 601, §2 (NEW).