{"data":{"id":"us-ky/krs-311.1935","jurisdiction":"us-ky","citation":"KRS 311.1935","heading":"Rights and duties of procurement organization and others.","body":"(1) When a hospital refers an individual at or near death to a procurement organization,\nthe organization shall make a reasonable search of the records of the Transportation\nCabinet, the registry created under KRS 311.1947, and any donor registry that it\nknows exists for the geographical area in which the individual resides to ascertain\nwhether the individual has made an anatomical gift.\n(2) A procurement organization shall be allowed reasonable access to information in\nthe records of the registries listed in subsection (1) of this section to ascertain\nwhether an individual at or near death is a donor.\n(3) When a hospital refers an individual at or near death to a procurement organizati on,\nthe organization may conduct any reasonable standard medical evaluation or\nexamination necessary to ensure the medical suitability of a part that is or could be\nthe subject of an anatomical gift for transplantation, therapy, research, or education\nfrom a donor or a prospective donor. During the examination period, from the\nevaluation through the recovery of a medically suitable donor's gift, measures\nnecessary to ensure the medical suitability of the part may not be withdrawn unless\nthe hospital or proc urement organization knows that the individual expressed a\ncontrary intent. Measures necessary to ensure the medical suitability of the part\nfrom a prospective donor may be administered unless it is determined that the\nadministration of those measures woul d not provide the prospective donor with\nappropriate end -of-life care, or it can be anticipated by reasonable medical\njudgment that such measures would result in or hasten the prospective donor's\ndeath.\n(4) Unless prohibited by law other than KRS 311.1911 to 311.1959, at any time after a\ndonor's death, the person to which a part passes under KRS 311.1929 may conduct\nany reasonable examination necessary to ensure the medical suitability of the body\nor part for its intended purpose.\n(5) Unless prohibited by l aw other than KRS 311.1911 to 311.1959, an examination\nunder subsection (3) or (4) of this section may include an examination of all\nmedical and dental records of the donor or prospective donor.\n(6) Upon the death of a minor who was a donor or had signed a  refusal, unless a\nprocurement organization knows the minor is emancipated, the procurement\norganization shall conduct a reasonable search for the parents of the minor and\nprovide the parents with an opportunity to revoke or amend the anatomical gift or\nrevoke the refusal.\n(7) Upon referral by a hospital under subsection (1) of this section, a procurement\norganization shall make a reasonable search for any person listed in KRS 311.1925\nhaving priority to make an anatomical gift on behalf of a prospective do nor. If a\nprocurement organization receives information that an anatomical gift to any other\nperson was made, amended, or revoked, it shall promptly advise the other person of\nall relevant information.\n(8) Subject to KRS 311.1929(9) and 311.1953, the right s of the person to which a part\npasses under KRS 311.1929 are superior to the rights of all others with respect to\nthe part. The person may accept or reject an anatomical gift in whole or in part.\nSubject to the terms of the document of gift and KRS 311.19 11 to 311.1959, a\nperson that accepts an anatomical gift of an entire body may allow embalming,\nburial, or cremation, and use of remains in a funeral service. If the gift is of a part,\nthe person to which the part passes under KRS 311.1929, upon the death of the\ndonor and before embalming, burial, or cremation, shall cause the part to be\nremoved without unnecessary mutilation.\n(9) Neither the physician who attends the decedent at death nor the physician who\ndetermines the time of the decedent's death may pa rticipate in the procedures for\nremoving or transplanting a part from the decedent.\n(10) A physician or technician may remove a donated part from the body of a donor that\nthe physician or technician is qualified to remove.","path":["KRS Chapter 311"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=53757","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:03Z","sha256":"88091169d32bd21701114633159486b533d4df15e262e56b32528fe57f08df6c","source_id":"us-ky","stale":false,"prev":"us-ky/krs-311.1933","next":"us-ky/krs-311.1937"},"notice":"GroundRules: Original legal text. Not legal advice."}