525A.14 RIGHTS AND DUTIES OF PROCUREMENT ORGANIZATION AND OTHERS.
(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 of Public Safety and
any donor registry that it knows exists for the geographical area in which the individual resides to
ascertain whether the individual has made an anatomical gift.
(b) A procurement organization must be allowed reasonable access to information in the
records of the Department of Public Safety to ascertain whether an individual at or near death
is a donor.
(c) 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. During the examination period, measures
necessary to ensure the medical suitability of the part may not be withdrawn unless the hospital or
procurement organization knows that the individual expressed a contrary intent.
(d) 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
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 this chapter, an examination under paragraph (c) or (d)
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 paragraph (a), a procurement organization shall make a
reasonable search for any person listed in section
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 sections
, paragraph (i), and
, the rights of the person to
which a part passes under section
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 this chapter, a person that 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 which the part passes under section
, upon the death of the
donor and before embalming, burial, or cremation, shall cause the part to be removed without
(i) 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.
(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.
History: 2007 c 120 art 1 s 14