First Regular Session 112th General Assembly (2001)
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HOUSE ENROLLED ACT No. 1628
AN ACT to amend the Indiana Code concerning health.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 29-2-16-2.5; (01)HE1628.1.1. -->
SECTION 1. IC 29-2-16-2.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2001]: Sec. 2.5. (a) This section applies if:
(1) a donor makes an anatomical gift in writing under section
2(a) of this chapter or IC 9-24-17; and
(2) the gift is not revoked by:
(A) the donor before the donor's death; or
(B) a guardian under section 11 of this chapter.
(b) The individuals identified in section 2(b) of this chapter have
no legal standing or authority to:
(1) modify a deceased donor's gift of any part of the donor's
body made in writing under section 2 of this chapter or
IC 9-24-17; or
(2) prevent the donor's anatomical gift from being made.
(c) This section does not limit the individuals identified in
section 2(b) of this chapter from:
(1) making a gift of all or any part of a decedent's body; or
(2) revoking a gift of all or any part of a decedent's body;
as provided in section 2(b) of this chapter.
(d) Actual notice obtained by:
(1) a recovery agency acting under section 3.5(a) of this
chapter; or
(2) a hospital acting under section 3.5(b) of this chapter;
of an individual's written anatomical gift that is made under
section 2(a) of this chapter or IC 9-24-17 creates a rebuttable
presumption that the individual made an anatomical gift for
purposes of this section.
(e) Actual notice obtained by:
(1) a recovery agency acting under section 3.5(a) of this
chapter; or
(2) a hospital acting under section 3.5(b) of this chapter;
of an individual's written revocation of an anatomical gift that is
made under section 2(a) of this chapter or IC 9-24-17 creates a
rebuttable presumption that the individual revoked the anatomical
gift for purposes of this section.
(f) A health care provider is immune from civil liability for
following a donor's unrevoked anatomical gift directive under this
chapter or IC 9-24-17.
SOURCE: IC 29-2-16-3.5; (01)HE1628.1.2. -->
SECTION 2. IC 29-2-16-3.5 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2001]:
Sec. 3.5. (a) If:
(1) a hospital's designated organ recovery agency determines
that an individual whose death is imminent or who has died is
medically suitable for organ donation;
(2) a hospital's designated organ recovery agency, in the
absence of alternative arrangements by the hospital, and:
(A) using the standards of a potential tissue and eye donor;
(B) using the notification protocol developed by the
hospital; and
(C) consulting with the hospital's designated tissue
recovery agency and eye recovery agency;
determines that an individual whose death is imminent or who
has died is medically suitable for tissue or eye donation;
(3) a hospital's designated tissue recovery agency determines
that an individual whose death is imminent or who has died is
medically suitable for tissue donation; or
(4) a hospital's designated eye tissue recovery agency
determines that an individual whose death is imminent or who
has died is medically suitable for eye donation;
the respective recovery agency shall attempt to ascertain whether
the individual has made a written anatomical gift under section
2(a) of this chapter or under IC 9-24-17 and, if so, whether the
individual has subsequently revoked the anatomical gift in writing.
The recovery agency shall consult with the individuals identified in
section 2(b) of this chapter who are reasonably available and may
consult with any other sources that are available to the recovery
agency.
(b) The recovery agency shall provide to the following any
information obtained by the recovery agency under subsection (a):
(1) The hospital.
(2) The attending physician.
(3) The physician who certified the individual's death if there
is not an attending physician.
(c) A recovery agency identified in subsection (a) may enter into
a written agreement with a hospital to allow the hospital to
ascertain whether an individual made a written anatomical gift
under subsection 2(a) of this chapter or IC 9-24-17 and whether
any subsequent written revocation of the anatomical gift occurred.
(d) The hospital shall provide to the following any information
obtained by the hospital under subsection (c):
(1) The recovery agency.
(2) The attending physician.
(3) The physician who certified the individual's death if there
is not an attending physician.
(e) A hospital or a recovery agency is immune from civil liability
for determining in good faith and in compliance with this section
that:
(1) an individual made a written anatomical gift; or
(2) an individual subsequently made a written revocation of
an anatomical gift.
SOURCE: IC 29-2-16-4.5; (01)HE1628.1.3. -->
SECTION 3. IC 29-2-16-4.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 4.5. (a) A coroner may
release and permit the removal of a part from a body within the
coroner's custody, for transplantation or therapy only, if all of the
following occur:
(1) The coroner receives a request for a part from a hospital,
physician, surgeon, or procurement organization.
(2) The coroner makes a reasonable effort, taking into account the
useful life of a part, to locate and examine the decedent's medical
records and inform individuals listed in section 2(b) of this
chapter of their option to make or object to making a gift under
this chapter.
(3) The coroner does not know of a refusal or contrary indication
by the decedent or an objection by an individual having priority
to act as listed in section 2(b) of this chapter.
(4) The removal will be by:
(A) a physician licensed under IC 25-22.5; or
(B) in the case of removal of an eye or part of an eye, by an
individual described in section 4(e) of this chapter and under
IC 36-2-14-19.
(5) The removal will not interfere with any autopsy or
investigation.
(6) The removal will be in accordance with accepted medical
standards.
(7) Cosmetic restoration will be done, if appropriate.
(b) If the body is not within the custody of the coroner, the medical
examiner may release and permit the removal of any part from a body
in the medical examiner's custody for transplantation or therapy if the
requirements of subsection (a) are met.
(c) A person under this section who releases or permits the removal
of a part shall maintain a permanent record of the name of the
decedent, the individual making the request, the date and purpose of
the request, the body part requested, and the person to whom it was
released.
SOURCE: IC 29-2-16-7.5; (01)HE1628.1.4. -->
SECTION 4. IC 29-2-16-7.5 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2001]:
Sec. 7.5. (a) The individual's attending physician, or, if
none, the:
(1) physician that certifies the individual's death;
(2) hospital where the individual is admitted;
(3) hospital where the individual's remains are being kept; or
(4) individual identified in section 2(b) of this chapter;
may petition the probate court in the county where the remains of
the individual who is the subject to the petition are located, or the
county in which the individual died, for the information referred
to in subsection (b).
(b) A person identified in subsection (a) may petition the
probate court specified in subsection (a) to determine whether the
individual:
(1) made a written anatomical gift under section 2(a) of this
chapter or IC 9-24-17, for purposes of section 2.5 of this
chapter; or
(2) made a written revocation of an anatomical gift under
section 2(a) of this chapter or under IC 9-24-17, for purposes
of section 2.5 of this chapter.
(c) If the probate court determines under subsection (b) of this
chapter that the individual made a written anatomical gift that was
not subsequently revoked in writing by the individual, the court
shall order that the anatomical gift of an organ, tissue, or an eye be
recovered.
(d) The probate court may modify or waive notice and a hearing
if the court determines that a delay would have a serious adverse
effect on:
(1) the medical viability of the individual; or
(2) the viability of the individual's anatomical gift of an organ,
tissue, or an eye.
SOURCE: IC 34-30-2-123.5; (01)HE1628.1.5. -->
SECTION 5. IC 34-30-2-123.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]: Sec. 123.5. IC 29-2-16-2.5 (Concerning
health care provider immunity and anatomical gifts).
SOURCE: IC 34-30-2-123.7; (01)HE1628.1.6. -->
SECTION 6. IC 34-30-2-123.7 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]:
Sec. 123.7. IC 29-2-16-3.5 (Concerning
hospital and recovery agency immunity and anatomical gifts).
HEA 1628 _ Concur
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