Maine Revised Statutes

§2954. Rights and duties of procurement organization and others

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.
[ 2007, c. 601, §2 (NEW) .]
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.
[ 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During the examination period, measures necessary to maintain the potential medical suitability of the part may not be withdrawn unless the hospital or procurement organization knows that the individual expressed a contrary intent.
[ 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.
[ 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.
[ 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.
[ 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.
[ 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.
[ 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.
[ 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.
[ 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.
[ 2007, c. 601, §2 (NEW) .]
SECTION HISTORY
2007, c. 601, §2 (NEW).

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