Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gifts
Rights and duties of procurement organizations and others
- authorized examinations
(1)When a hospital refers an individual at or near death to a procurement organization, the organization shall make a reasonable search of the records of the Department of Transportation and any donor registry that it knows exists for the geographical area in which the individual resides to ascertain whether the individual has made an anatomical gift.
(2)A procurement organization must be allowed reasonable access to information in the records of the Department of Transportation to ascertain whether an individual at or near death is a donor.
(3)When a hospital refers an individual at or near death to a procurement organization, the organization may conduct any reasonable examination necessary to ensure the medical suitability of a body 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 During the examination period, measures necessary to ensure the medical suitability of the body part may not be withdrawn unless the hospital or procurement organization knows that the individual expressed a contrary intent.
(4)(a) Unless otherwise prohibited by law, at any time after a donor’s death, the person to whom a body part passes under ORS 97.969 (Authorized recipients of anatomical gifts) may conduct any reasonable examination necessary to ensure the medical suitability of the body or body part for its intended purpose.
(b)A transplant hospital may not deny a recipient from receiving an anatomical gift exclusively on the basis that the recipient is a registry identification cardholder as defined in ORS 475B.791 (Definitions for ORS 475B.785 to 475B.949).
(5)Unless otherwise prohibited by law, an examination under subsection (3) or (4)(a) of this section may include an examination of all medical and dental records of the donor or prospective donor.
(6)Upon the death of a minor who was a donor or had signed a refusal, unless a procurement organization knows the minor is emancipated, the procurement organization shall conduct a reasonable search for the parents of the minor and provide the parents with an opportunity to revoke or amend the anatomical gift or revoke the refusal.
(7)Upon referral by a hospital under subsection (1) of this section, a procurement organization shall make a reasonable search for any person listed in ORS 97.965 (Persons authorized to make anatomical gift of body or body part of decedent) having priority to make an anatomical gift on behalf of a prospective donor. 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.
(8)Subject to ORS 97.969 (Authorized recipients of anatomical gifts) (9) and 97.980 (Facilitation of anatomical gift from decedent whose body is under jurisdiction of medical examiner), the rights of the person to whom a body part passes under ORS 97.969 (Authorized recipients of anatomical gifts) are superior to the rights of all others with respect to the body 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 ORS 97.951 (Short title) to 97.982 (Alteration of document of anatomical gift prohibited), a person who accepts an anatomical gift of an entire body may allow embalming, burial or cremation and use of remains in a funeral service. If the gift is of a body part, the person to whom the body part passes under ORS 97.969 (Authorized recipients of anatomical gifts), upon the death of the donor and before embalming, burial or cremation, shall cause the body part to be removed without unnecessary mutilation.
(9)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 body part from the decedent.
(10)A physician or technician may remove from the body of a donor a donated body part that the physician or technician is qualified to remove. [2007 c.681 §13; subsection (4)(b) of 2015 Edition enacted as 2015 c.844 §8]
Atty. Gen. Opinions
Embalming dead human body without prior authorization from surviving spouse or next of kin, (1981) Vol 41, p 457