Unofficial Copy As of 05/24/99 2000 Reg. Sess. 00 Rs Br 254

UNOFFICIAL COPY AS OF 06/02/18 2000 REG. SESS. 00 RS BR 254

AN ACT relating to organ donation. Be it enacted by the General Assembly of the Commonwealth of Kentucky: Section 1. KRS 311.241 is amended to read as follows: (1) Each hospital licensed under the provisions of KRS Chapter 216B shall, as a condition of licensure, establish an organ-procurement-for-transplant protocol, in consultation with a federally certified organ-procurement organization, which encourages organ donation and identifies potential organ donors. Included in the protocol shall be policies: (a) Encouraging discretion and sensitivity to family circumstances in all discussions regarding organ donation; (b) Discouraging multiple requests for consent; (c) Directing that the person making the organ donation request first consult with the attending physician or designee; and (d) Providing for the appointment of a hospital staff member to act as liaison between the hospital and the organ-procurement organization. (2) When an individual has died or has been identified by a medical hospital staff member as having a terminal condition and is further identified as a potential organ donor and meets the criteria set forth in the hospital's organ-procurement-for- transplant protocol, the hospital administrator or his official designee shall then

notify the federally certified organ-procurement organization of the potential availability of the organ. The notification of the federally certified organ- procurement organization as to the identity of a potential organ donor and any identified contraindication to organ donation shall be documented in the[such] patient's medical record. Immediately following this notification, the hospital and the organ-procurement organization shall initiate the process of requesting an organ donation in those instances where the patient has not previously given consent in accordance with this chapter and the patient has not refused to give

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consent or revoked consent previously given. The person making the request for donation shall be an organ-procurement organization representative or hospital staff member trained or designated by the organ-procurement organization as a qualified requester; or, in the case of eye-only donation, may instead be an eye bank staff member trained or designated by the organ-procurement organization as a qualified requester[Any identified contraindication to organ donation shall be documented in the patient's medical record]. (3) Any hospital licensed under the provisions of KRS Chapter 216B which performs any transplantable organ transplant shall report to the Cabinet for Health Services, Office of the Inspector General, any information relating to the possible sale, purchase, or brokering of a transplantable organ. Section 2. This Act shall be known as the Brenda Grace, Jimmy Spurlin, and Mike Roll Organ Transplant Act.

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