Text of Statute

(A) Every hospital shall develop and implement a written protocol for facilitating procurement of anatomical gifts in consultation with all recovery agencies that work with the hospital in procuring and realizing anatomical gifts. The protocol shall include provisions under which the hospital shall do all of the following:

(1) Enter into an agreement with an organ procurement organization that does all of the following:

(a) Provides for the hospital to give timely notice as provided in division (B) of this section that an individual's death is imminent or the individual has died in the hospital;

(b) Provides for the organ procurement organization to determine the medical suitability of the potential donor for organ donation;

(c) On notification by the hospital of the death or imminent death of a potential eye or tissue donor, provides for the organ procurement organization or third party described in division (B) of this section to notify in a timely manner the eye and tissue banks the hospital has agreements with under division (C) of this section;

(d) Unless an agreement the hospital has entered into with an eye bank or tissue bank under division (C) of this section provides for the eye or tissue bank to determine medical suitability of the potential donor for eye or tissue donation, provides for the organ procurement organization to determine medical suitability of each potential donor for eye and tissue donations.

(2) Collaborate with the organ procurement organization to establish a procedure for requesting organ, eye, or tissue donations that ensures the family of each potential donor is notified of the option to donate organs, eyes, or tissues, or to decline to donate;

(3) Encourage discretion and sensitivity with respect to the circumstances, opinions, and beliefs of the family of each potential donor;

(4) Cooperate with the organ procurement organization and an eye bank and a tissue bank to do all of the following:

(a) Educate staff on donation issues;

(b) Review death certificates and other records to improve identification of potential donors;

(c) Maintain the body of each potential donor while necessary testing and matching of potential donated organs, tissues, and eyes take place.

(B) An organ procurement organization, in consultation and agreement with the eye banks and tissue banks the hospital has agreements with under division (C) of this section, may designate a third party to receive the notice required under division (A)(1)(a) of this section. If a third party is designated in accordance with this division, the agreement between the hospital and the organ procurement organization shall specify that the notice is to be given to the third party. If a third party is not designated in accordance with this division, the agreement between the hospital and the organ procurement organization shall require the hospital to give the notice to the organ procurement organization or a third party designated by the organ procurement organization.

(C) Each hospital shall enter into an agreement with at least one eye bank and at least one tissue bank with which the hospital will cooperate to retrieve, process, preserve, store, and distribute all usable eyes and tissues that have been donated.

An agreement between a hospital and an eye bank may provide for the eye bank to determine the medical suitability of each potential donor for eye donation. An agreement between a hospital and a tissue bank may provide for the tissue bank to determine the medical suitability of each potential donor for tissue donation.

Nothing in an agreement entered into under this division shall interfere with the procurement of organs under an agreement entered into under division (A)(1) of this section.

HISTORY: 148 v H 283. Eff 9-29-99.

Analogous to former RC § 2108.02.1 (141 v H 770; 143 v H 21), repealed 148 v H 283, § 2, eff 9-29-99.

The effective date is set by section 162 of HB 283.