Vermont § 5250n - Rights and duties of procurement organization and others

§ 5250n. 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 Vermont Donor
  Registry and any other 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 the Vermont Donor
  Registry established pursuant to section 5250t of this title 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 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  may not be withdrawn unless the hospital or procurement organization knows that the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. (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 5250k of this title may conduct any reasonable examination necessary to assess the medical suitability
  of the body or part for its intended purpose. (e) Unless prohibited by law other than this chapter, an examination under subsection
  (c) or (d) of this section may include serological and blood and tissue compatibility
  testing, as well as 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 5250i 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 5250k(i) and section 5250w of this title, the rights of the person to which a part passes under section 5250k 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 5250k of this title, upon the death of the 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. As used in this section, “procedures” include
  actual physical removal and transplantation of a part but do not include the consent,
  process, disposal, preservation, quality measures, storage, transportation, or research
  involving a part. (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. (Added 2009, No. 119 (Adj. Sess.), § 1.)