Oklahoma § 63-2200.14 - Repealed by Laws 2009, c. 139, § 31, eff. Nov. 1,

§ 63-2200.14. Repealed by Laws 2009, c. 139, § 31, eff. Nov. 1,

2009.

NOTE: This section was held unconstitutional by the Oklahoma

Supreme Court in the case of Weddington v. Henry, 202 P.3d 143, 2008

OK 102 (2009).

§63-2200.14A. 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

Oklahoma Statutes - Title 63. Public Health and Safety

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withdrawn unless the hospital or procurement organization knows that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 any other provisions of law, at any

time after a donor's death, the person to whom a part passes under

Section 2200.11A of this title may conduct any reasonable

examination necessary to ensure the medical suitability of the body

or part for its intended purpose.

E. Unless prohibited by any other provisions of law, an

examination under subsection C or D of this section 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 subsection A of this

section, a procurement organization shall make a reasonable search

for any person listed in Section 2200.9A of this title 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 subsection I of Section 2200.11A of this title

and Section 2200.23A of this title, the rights of the person to

which a part passes under Section 2200.11A of this title 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 act, 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 2200.11A of this title, upon the death of the

Oklahoma Statutes - Title 63. Public Health and Safety

donor and before embalming, burial, or cremation, shall cause the

part to be removed without unnecessary mutilation.

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.

K. A hospital may adopt guidelines for the interaction between

organ procurement organizations and hospital staff. Nothing in the

Oklahoma Uniform Anatomical Gift Act shall be construed as to

authorize an organ procurement organization to use coercion or

emotional abuse of patients, families of patients, physicians or

hospital staff in any aspect of the organ donation process,

including, but not limited to, the testing and screening of

potential donors and the procurement of organs. For purposes of

this subsection, "emotional abuse" shall include, but not be limited

to, demanding, insisting or pressuring families in a manner that

fails to exhibit sympathy, compassion or sensitivity to the

emotional well-being of those involved.

Added by Laws 2009, c. 139, § 14, eff. Nov. 1, 2009. Amended by

Laws 2016, c. 284, § 1, eff. Nov. 1, 2016.