Maine Code § 22-2954

Rights and duties of procurement organization and others
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1. Reasonable search of registry and records. When a hospital refers an individual at or near
death to a procurement organization, the organization shall make a reasonable search of any donor
registry and records of the Secretary of State that it knows exist for the geographical area in which the
individual resides to ascertain whether the individual has made an anatomical gift.
[PL 2007, c. 601, §2 (NEW).]
2. Reasonable access to records of donor registry. A procurement organization must be allowed
reasonable access to information in the records of the donor registry to ascertain whether an individual
at or near death is a donor.
[PL 2007, c. 601, §2 (NEW).]
3. Reasonable examination to determine medical suitability. 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part may not be withdrawn unless the hospital or procurement organization knows that the individual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.
[PL 2007, c. 601, §2 (NEW).]
4. Reasonable examination after death. 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 2951 may conduct any
reasonable examination necessary to assess the medical suitability of the body or part for its intended
purpose.
[PL 2007, c. 601, §2 (NEW).]
5. Examination of medical records. Unless prohibited by law other than this chapter, an
examination under subsection 3 or 4 may include an examination of all medical records of the donor or
prospective donor.
[PL 2007, c. 601, §2 (NEW).]
6. Reasonable search for parents of minor. If a donor, at the time of death, is under 18 years of
age, a procurement organization shall conduct a reasonable search for the parents of the donor and,
unless the procurement organization knows the donor is an emancipated minor, provide the parents
with an opportunity to revoke or amend the anatomical gift or revoke a refusal.
[PL 2007, c. 601, §2 (NEW).]

7. Reasonable search for person to make gift on behalf of donor. A procurement organization
shall make a reasonable search for any person listed in section 2949 having priority to make an
anatomical gift on behalf of a prospective donor.
[PL 2007, c. 601, §2 (NEW).]
8. Advise of relevant information. 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.
[PL 2007, c. 601, §2 (NEW).]
9. Superior rights. Subject to section 2951, subsection 8 and section 2961, the rights of the person
to which a part passes under section 2951 are superior to 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, cremation or natural organic reduction and use of remains in a funeral service. If the gift
is of a part, the person to which the part passes under section 2951, upon the death of the donor and
before embalming, cremation or natural organic reduction shall cause the part to be removed without
unnecessary mutilation. For purposes of this subsection, "natural organic reduction" has the same
meaning as in section 2841-A, subsection 1.
[PL 2023, c. 676, §20 (AMD).]
10. Removal or transplantation procedure. 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.
[PL 2007, c. 601, §2 (NEW).]
11. Physician or technician qualified. A physician or technician may remove a donated part
from the body of a donor that the physician or technician is qualified to remove.
[PL 2007, c. 601, §2 (NEW).]

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