Minnesota Session Laws - 1987, Regular Session

  

                         Laws of Minnesota 1987 

                         CHAPTER 32-H.F.No. 23 
           An act relating to health; requiring hospitals to 
          establish a protocol to obtain organs for 
          transplantation; proposing coding for new law in 
          Minnesota Statutes, chapter 525. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [525.94] [ESTABLISHMENT OF PROTOCOL TO OBTAIN 
ORGANS FOR TRANSPLANTATION.] 
    Subdivision 1.  [REQUIREMENT TO ESTABLISH ORGAN PROCUREMENT 
PROTOCOL.] A hospital licensed under sections 144.50 to 144.58 
must establish written protocols for the identification of 
potential organ donors for transplantation to: 
    (1) assure that families of potential organ donors are made 
aware of the option of organ and tissue donation and their 
option to decline; 
    (2) require that an organ procurement agency be notified of 
potential organ donors; and 
    (3) establish medical criteria and practical considerations 
concerning the suitability and feasibility of organ donation for 
transplantations. 
    For purposes of this subdivision, the term "organ" or 
"tissue" includes but is not limited to a human kidney, liver, 
heart, lung, pancreas, skin, bone, ligament, tendon, eye, and 
cornea. 
    Subd. 2.  [NOTIFICATION REQUIREMENT.] If an individual dies 
in a hospital or is identified by an appropriate hospital staff 
member as having a terminal condition and is further identified 
as a suitable candidate for organ or tissue donation based on 
medical criteria established in the written protocol, in 
accordance with the hospital's protocol, the hospital 
administrator or the administrator's designated representative 
shall notify any of the following persons listed below in order 
of priority, of the option of organ or tissue donation and their 
option to decline: 
    (1) the spouse; 
    (2) an adult child; 
    (3) either parent; 
    (4) an adult brother or sister; or 
    (5) a guardian of the decedent's person at the time of 
death. 
    The hospital administrator or the designated representative 
shall attempt to locate the person's driver's license, organ 
donation card, or other documentation of the person's desire to 
be an organ donor.  If documentation of the person's desire to 
be a donor is located, it constitutes consent if there is no 
objection from the relative or guardian in clauses (1) to (5) or 
if no relative or guardian can be located. 
    If a person listed in clauses (1) to (5) wishes to consent 
to the gift of all or part of the decedent's body for 
transplantation, consent may be obtained by either the hospital 
administrator's representative or the organ procurement agency's 
representative.  Consent or refusal must be obtained only from 
the available person highest on the list in clauses (1) to (5). 
    Subd. 3.  [DOCUMENTATION.] Notification under subdivision 
1, as well as any identified contradiction to organ donation, 
must be documented in the patient's medical record, which must 
include the name of the person notified and the person's 
relationship to the decedent. 
    Subd. 4.  [FINANCIAL LIABILITY.] The family of an 
individual whose organ is donated for transplantation is not 
financially liable for costs related to the evaluation of donor 
organ suitability or retrieval of the organ. 
    Subd. 5.  [COMPLIANCE WITH UNIFORM ANATOMICAL GIFT ACT.] A 
gift made pursuant to the request required under this section 
must be executed according to the uniform anatomical gift act. 
    Subd. 6.  [TRAINING.] The commissioner of health shall work 
with hospital representatives and other interested persons to 
develop guidelines for training hospital employees who may 
notify persons of the option to make an anatomical gift and the 
procedure to be used in executing the gift and for ensuring that 
each tissue or organ is tested for possible disease before being 
made available for transplantation. 
    Sec. 2.  [EFFECTIVE DATE.] 
    Section 1 is effective October 1, 1987. 
    Approved April 16, 1987