Section 29-2-16.1-13 - Organ or tissue donor queries for hospital patients(a) As used in this section: (1) "Administrator" means a hospital administrator or a hospital administrator's designee.(2) "Gift" means a gift of all or any part of the human body made under this chapter.(3) "Representative" means a person who is: (A) authorized under section 8 of this chapter to make a gift on behalf of a decedent; and(B) available at the time of the decedent's death when members of a prior class under section 8 of this chapter are unavailable.(b) An administrator of each hospital or the administrator's designee may ask each patient who is at least eighteen (18) years of age if the patient is an organ or a tissue donor or if the patient desires to become an organ or a tissue donor.(c) The governing board of each hospital shall adopt procedures to determine under what circumstances an administrator or an administrator's designee may ask a patient if the patient is an organ or a tissue donor or if the patient desires to become an organ or a tissue donor.(d) The administrator shall inform the representative of the procedures available under this chapter for making a gift whenever:(1) an individual dies in a hospital;(2) the hospital has not been notified that a gift has been authorized under section 4 of this chapter; and(3) a procurement organization determines that the individual's body may be suitable of yielding a gift.(e) If: (1) an individual makes an anatomical gift on the individual's driver's license or identification card under IC 9-24-17; and(2) the individual dies in a hospital; the person in possession of the individual's driver's license or identification card shall immediately produce the driver's license or identification card for examination upon request, as provided in section 10(l) of this chapter.
(f) A gift made in response to information provided under this section must be signed by the donor or made by the donor's telegraphic, recorded telephonic, or other recorded message.(g) When a representative is informed under this section about the procedures available for making a gift, the fact that the representative was so informed must be noted in the decedent's medical record.(h) A person who fails to discharge the duties imposed by this section is not subject to civil liability but may be subject to criminal liability or administrative sanctions.As added by P.L. 147-2007, SEC.12. Amended by P.L. 1-2010, SEC.114.