N.J. Admin. Code § 8:43G-5.4

Current through Register Vol. 56, No. 9, May 6, 2024

Section 8:43G-5.4 - Organ and tissue donation

(a) The hospital shall develop and implement written protocols for organ and tissue donation in accordance with 26:6-57 et seq., and the Uniform Anatomical Gift Act, P.L. 1969, c.161, as amended.

(b) For the purposes of this rule, the following words shall have the following meanings:

1. "Designated requestor" means a hospital employee who has completed a course offered or approved by the designated Federally qualified organ procurement organization. This course shall be designed by the OPO with input from the regional tissue and eye bank community and shall incorporate the methodology to be used by the Designated Requestor for approaching potential donor families to request organ or tissue donation.

2. "OPO" means a hospital's designated Federally qualified organ procurement organization. The Federally qualified organ procurement organizations in New Jersey are:

i. NJ Sharing Network

691 Central Avenue

New Providence, NJ 07974

(800) 742-7365 and (908) 516-5400; and

ii. Gift of Life Donor Program

401 North 3rd Street

Philadelphia, PA 19123

(215) 557-8090; 800-DONORS-1 or (800-366-6771); 800-KIDNEY-1 or (800-543-6391).

3. "Organ" means human kidney, liver, hear, lung, pancreas, and any other solid organ.

4. "Tissue" means human skin, heart valves, saphenous veins, bone and other tissue, including ocular tissue.

5. "Transplant recovery specialist" means a medical professional licensed by the State of New Jersey or another State or technician trained by an organ procurement organization in accordance with Federal standards pursuant to 42 U.S.C. § 274(b) and nationally accredited standards for human body part removal.

(c) The protocols required by (a) above shall include, at a minimum, the following:

1. Procedures for the hospital to notify its OPO of each hospital patient whose death is imminent or who died in the hospital at or around the time of death of such hospital patient. The information to be provided by the hospital to its OPO shall include the following:

i. Patient's name and identifier number;

ii. Patient's age;

iii. Cause of death or anticipated cause of death;

iv. Past medical history; and

v. Other pertinent medical information requested by the OPO;

2. A requirement that hospital personnel note in the patient's medical record the donor suitability determination made by the OPO. If the patient is determined to be an unsuitable candidate for donation, an explanatory notation shall be made part of the patient's medical record;

3. A requirement that, if the patient has a validly executed donor card, will, or other document of gift, driver's license or identification care evidencing anatomical gift, the OPO representative or the Designated Requestor, if any, shall attempt to notify an appropriate person under 26:6-58.1 to advise him or her of the gift. If there is no document of gift available to the OPO representative or Designated Requestor, he or she shall ask persons pursuant to 26:6-58.1 whether the decedent had a validly executed document of gift. If there is no such evidence of an anatomical gift, then the person designated under 26:6-58.1 shall be informed of the option to donate organs and tissue. A person authorized or under obligation to dispose of the body pursuant to 26:6-58.1(b)(6) shall include, but not be limited to, a hospital administrator, a designated health care representative, a holder of a durable medical power of attorney, or a person named in the decedent's will.

4. A requirement that a notation shall be made in a deceased person's medical record indicating whether or not consent for organ or tissue donation was granted. The notation shall include the following information:

i. Whether consent was granted or refused;

ii. The name of the person granting or refusing consent;

iii. That person's relationship to the decedent; and

iv. Documentation of telephone contact with the OPO.

5. A provision that the hospital shall permit the OPO to review the medical records of all deceased patients, as long as the OPO has agreed, in writing, to maintain the confidentiality of any patient identifying information.

6. A requirement that discretion and sensitivity to family circumstances and beliefs shall be maintained in all discussions regarding donations of organs, tissue or eyes.

(d) The hospital shall identify the position or job title of the person at the hospital who shall be responsible for serving as a hospital liaison to the hospital's OPO, and as coordinator of the hospital's donor activities. The hospital, in conjunction with the OPO shall provide in service training to such individuals. Such individual shall be responsible for overseeing the development and implementation of the hospital's protocols established in accordance with subsection (c) above.

(e) Recovery of human body parts for donation may be performed by a transplant recovery specialist. A physician is not required to be present during the recovery procedure.

(f) If the hospital performs organ transplants, the director of the medical staff shall ensure that satisfactory follow-up care and consultation are provided to all transplantation patients, including multidisciplinary conferences held at periodic intervals.

(g) If the hospital provides bone or tissue banking services, the hospital shall meet all guidelines set by the American Association of Tissue Banks for such services. Such guidelines are incorporated herein by reference and are available from the American Association of Tissue Banks, 8200 Greensboro Drive, Suite 320, McLean, VA 22101. Phone (703) 827-9582. Fax: (703) 356-2198. Website: www.aatb.org. E-mail: aatb@aatb.org.

N.J. Admin. Code § 8:43G-5.4

Amended by 50 N.J.R. 552(b), effective 1/16/2018