No reproductive tissue(s) shall be procured for donation purposes from any person testing positive for the human immunodeficiency virus (HIV) infection. Organ(s) and tissue(s) may be procured for donation purposes from any person testing positive for HIV infection, provided such procurement and donation are consistent with the HIV Organ Policy Equity (HOPE) Act (P.L. 113-51, 127 Stat. 579 (2013)) and the regulations promulgated thereunder by the Organ Procurement and Transplantation Network and the United States Food and Drug Administration.
1. Every donor, donor candidate or tissue(s) or organ(s) to be donated shall be tested for the virus infection immediately prior to the donation of reproductive tissue(s) or tissue(s) or organ(s) for transplant. If such test has not been conducted immediately prior to the donation, then the test shall be conducted immediately prior to the implantation of the donor organ(s) or tissue(s).
2. If the donor is living, the donor shall be notified of the test results. Notification shall be consistent with donor confidentiality and with the requirements of state and federal law. The hospital or other facility responsible for the reproductive tissue, tissue or organ donation shall provide directly or otherwise make available appropriate information and counseling services to reproductive tissue donors and to living tissue or organ donors.
Added by Laws 1988, c. 153, § 5, eff. July 1, 1988. Amended by Laws 2017, c. 198, § 1, eff. Nov. 1, 2017.
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