(a) If a person authorized by § 7-1531.08 to consent to an anatomical gift of all or part of the decedent’s body is not reasonably available for a representative of a hospital to make the request required by § 7-1531.24, the hospital may use organ preservation equipment and techniques, including ventilators and in situ flushing and cooling equipment, to maintain the viability of the decedent’s organs in order to preserve the option of family members and other authorized persons to consider donation.
(b) If a hospital initiates the preservation of a decedent’s organs pursuant to subsection (a) of this section, the hospital shall use all available means to locate a person authorized by § 7-1531.08 to consent to an anatomical gift. If a person authorized by § 7-1531.08 to consent to an anatomical gift cannot be located within a time period deemed reasonable by a designated medical professional, or declines to consent to an anatomical gift, the organ preservation procedure shall be discontinued.
(c) A person authorized by § 7-1531.08 to donate all or any part of a decedent’s body shall be given full disclosure of preservation techniques or preservation equipment used, if any.
(d) In the absence of gross negligence or willful misconduct, any person employed or authorized by a hospital to utilize organ preservation techniques pursuant to subsection (a) of this section shall be immune from any civil or criminal liability in connection with taking the medically necessary steps to preserve a decedent’s organs during the search for, or consultation with, a person authorized by § 7-1531.08 to consent to an anatomical gift.
(e) Neither a decedent nor relative or guardian of a decedent shall pay any costs associated with organ preservation.
(f) A hospital that initiates organ preservation pursuant to subsection (a) of this section shall bear all costs associated with the organ preservation upon the happening of any of the following:
(1) The recipient of the preserved organ is indigent;
(2) A person authorized by § 7-1531.08 to consent to an anatomical gift cannot be located within a time period deemed reasonable by a designated medical professional; or
(3) A person authorized by § 7-1531.08 to consent to an anatomical gift does not consent to an anatomical gift of all or part of a decedent’s body.
(Apr. 15, 2008, D.C. Law 17-145, § 26, 55 DCR 2532; Mar. 25, 2009, D.C. Law 17-353, § 230(e), 56 DCR 1117.)
D.C. Law 17-353 validated a previously made technical correction in the section heading.
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