{"data":{"id":"us-ky/krs-311.281","jurisdiction":"us-ky","citation":"KRS 311.281","heading":"Testing of organs, skin, or other human tissue for HIV and other","body":"communicable diseases, with informed consent.\n(1) Every donation of organs, skins, or other human tissue for transplantation to another\nshall be tested by the agency responsible for proc uring the organ, skin, or other\nhuman tissue prior to use for human immunodeficiency virus infection and other\ncommunicable diseases specified by the United Network for Organ Sharing,\nAmerican Association of Tissue Banks, and Eye Bank Association of Americ a.\nTests for the human immunodeficiency virus infection shall be performed only after\nobtaining written, informed consent from the potential donor or the donor's legal\nrepresentative. Obtaining consent shall include a fair explanation of the procedures\nto be followed and the meaning and use of the test results. The explanation shall\ninclude a description of the confidential nature of the test as described in KRS\n214.625. If consent for testing is not given, the person shall not be accepted as a\ndonor.\n(2) Notwithstanding the provisions of subsection (1) of this section, written informed\nconsent to perform testing shall not be required if the organ, skin, or other human\ntissue is received for processing or testing from out -of-state or if tissue is received\nfrom a health care facility or health care provider for reference testing or processing\nand the results of the test are reported back to the facility or provider.\n(3) No person shall collect any organ, skin, or other human tissue from one (1) human\nbeing and  hold it for, or actually perform, any implantation, transplantation,\ngrafting, or any other method of transfer to another human being without first\ntesting the tissue for the human immunodeficiency virus and other communicable\ndiseases specified by the United Network for Organ Sharing, American Association\nof Tissue Banks, and Eye Bank Association of America, or without performing\nanother process approved by the United Network for Organ Sharing, American\nAssociation of Tissue Banks, and Eye Bank Associatio n of America capable of\nkilling the causative agent of those diseases.\n(4) All human organs, skin, or other human tissue which is to be transplanted to another\nand is found positive for human immunodeficiency virus or other communicable\ndisease specified by the United Network for Organ Sharing, American Association\nof Tissue Banks, and Eye Bank Association of America shall be rendered\nnoncommunicable by the person holding the tissue or shall be destroyed, unless the\nhuman tissue is specifically labeled to i dentify the human immunodeficiency virus\nand:\n(a) Is used for research purposes; or\n(b) Is used to save the life of another and is transferred with the recipient's\ninformed consent.\n(5) Each agency which procures organs, skin, or other human tissue, who fi nds\nevidence after confirmatory testing of human immunodeficiency virus in the donor,\nshall notify the donor or legal representative. If the donor is a patient of a health\nfacility within the Commonwealth, the following information shall be given:\n(a) The meaning of the test results;\n(b) Measures for the prevention of the transmission of the human\nimmunodeficiency virus;\n(c) The availability in the geographic area of any appropriate health care services,\nincluding mental health care, and appropriate social and support services;\n(d) The benefits of locating and counseling any individual by whom the infected\nindividual may have been exposed to human immunodeficiency virus and any\nindividual whom the infected individual may have exposed to the virus; and\n(e) The availability, if any, of the services of public health authorities with respect\nto locating and counseling any individual described in paragraph (d) of this\nsubsection.\n(6) The donor shall be notified of the confirmed positive test results in person. Per sons\nshall be notified of negative test results either in person, by registered mail, or by\nphone. Notification is the responsibility of the agency responsible for procuring\nskin, organs, or other donated tissue. Notification shall be the responsibility of  the\nagency responsible for procuring skin, organs, or other donated tissue.\n(7) Prior to the transplant of an organ or artificial insemination, the institution or\nphysician responsible for overseeing the procedure shall provide the prospective\nrecipient information as to the risks of contracting human immunodeficiency virus.","path":["KRS Chapter 311"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=30476","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:04Z","sha256":"239eeb519d9bd102d1dce584e1b46aee50d7c4db6928476f4065d69b50e3ee1c","source_id":"us-ky","stale":false,"prev":"us-ky/krs-311.280","next":"us-ky/krs-311.282"},"notice":"GroundRules: Original legal text. Not legal advice."}