As Amended
SEC. 41-39-15. Protocol for identifying potential organ and tissue donors.
(1) Each general acute care hospital shall develop a protocol for identifying potential organ and tissue donors.
(2) The protocol shall require that a patient or any deceased person's next of kin or other person, in order of priority, as specified in Section 41-39-35, at or near the time of notification of death, be asked whether the deceased was an organ and tissue donor or if the family is a donor family. If not, the family may be informed of the option to donate organs and tissues pursuant to Sections 41-39-31 through 41-39-51. With the approval of the designated next of kin or other person, as specified in Section 41-39-35, the hospital then shall notify the organ procurement organization at the University Medical Center and cooperate in the procurement of the anatomical gift or gifts. The University Medical Center organ procurement organization shall cooperate with family members and honor their wishes concerning the designation of the recipient facility.
(3) The protocol shall provide that the inquiry to the patient or the deceased person's next of kin and the information provided to the patient or the next of kin shall be conveyed by the treating physician of the patient or the deceased person, if possible, or by the hospital administrator or his designated representative.
(4) The protocol shall encourage reasonable discretion and sensitivity to the patient and family circumstances in all discussions regarding donations of organs or tissues. The protocol may take into account the patient's or the deceased person's religious beliefs or obvious nonsuitability for organ and tissue donation. If an organ and tissue procurement organization does not exist in the State of Mississippi, the hospital shall contact an organ or a tissue procurement organization as appropriate. No organ or tissue may be shipped out of the State of Mississippi except through an approved national organ sharing network.
(5) Any hospital, administrator, physician, surgeon, nurse, technician, organ and tissue bank, organ and tissue procurement organization or donee, who acts in good faith to comply with this section shall not be liable in any civil action to a claimant who alleges that his consent for the donation was required.
SOURCES: Laws, 1987, ch. 433; 1988, ch. 355; 1993, ch. 423, Sec. 1, eff from and after July 1, 1993.