Idaho State Statutes - Idaho Attorney Directory

ROUTINE REFERRAL AND REQUIRED REQUEST -- SEARCH AND
NOTIFICATION. (1) At or near the time of a patient's death, the administrator
of the hospital where the patient is being treated, or a representative
designated by such administrator, shall:
(a) Notify the appropriate organ procurement organization of the imminent
or actual death of the patient;
(b) In the absence of a document of gift or other evidence of an
individual's intention to make or refuse to make an anatomical gift, and
in collaboration with the organ procurement organization and/or
procurement entity, ensure that available persons listed as having
priority in section 39-3404, Idaho Code, are informed of the option to
make or refuse to make an anatomical gift in accordance with section
39-3404, Idaho Code, with reasonable discretion and sensitivity
appropriate to the circumstances of the family;
(c) Obtain the signature of the person having the highest priority of the
available persons listed in section 39-3404, Idaho Code, as having
priority, signifying whether such person consents or refuses to consent to
the making of an anatomical gift on behalf of the patient; and
(d) Enter into the medical records of the patient the name and
affiliation of the individual making the request and the name, response
and relationship to the patient of the person to whom the request was
made.
(2) For purposes of this section, the individual designated by the
hospital to initiate the request to the family must be an organ procurement
representative or an individual who has completed a course offered or approved
by an organ procurement organization and designed in conjunction with tissue
and eye bank organizations to address methods for approaching potential donor
families.
(3) A procurement organization or procurement entity making a request
pursuant to the provisions of this section shall maintain in its patient
records a written record of the name and affiliation of the individual making
the request and the name, response and relationship to the patient of the
person to whom the request was made.
(4) A law enforcement officer, firefighter, paramedic, emergency medical
services provider or other emergency rescuer finding an individual who the
searcher believes is dead or near death, and a hospital, upon the admission of
an individual at or near the time of death, shall:
(a) Make a reasonable search for a document of gift or other information
identifying whether the individual has made or refused to make an
anatomical gift; and
(b) If a document of gift or evidence of refusal to make an anatomical
gift is located by the search required by paragraph (4)(a) of this
subsection, and the individual or body to whom it relates is taken to a
hospital, notify the hospital of the contents and send the document or
other evidence to the hospital.
(5) A person who fails to discharge the duties imposed by this section is
not subject to criminal or civil liability but is subject to appropriate
administrative sanctions.

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