Section 7184 Of Article 2. Confirmation Of Death From California Health And Safety Code >> Division 7. >> Part 1. >> Chapter 3.7. >> Article 2.
7184
. (a) Each general acute care hospital shall develop a protocol
for identifying potential organ and tissue donors. The protocol
shall require that any deceased individual's next of kin or other
individual, as set forth in Section 7151, at or near the time of
notification of death be asked whether the deceased was an organ
donor or if the family is a donor family. If not, the family shall be
informed of the option to donate organs and tissues pursuant to
Chapter 3.5 (commencing with Section 7150) of Part 1 of Division 7.
With the approval of the designated next of kin or other individual,
as set forth in Section 7151, the hospital shall then notify an organ
and tissue procurement organization and cooperate in the procurement
of the anatomical gift or gifts. The protocol shall encourage
reasonable discretion and sensitivity to the family circumstances in
all discussions regarding donations of tissue or organs. The protocol
may take into account the deceased individual's religious beliefs or
obvious nonsuitability for organ and tissue donation. In the event
an organ and tissue procurement organization does not exist in a
region, the hospital shall contact an organ or a tissue procurement
organization, as appropriate. Laws pertaining to notification of the
coroner shall be complied with in all cases of reportable deaths.
(b) A general acute care hospital shall comply with subdivision
(a) or (c) as a condition of participation in the Medi-Cal program
contained in Chapter 7 (commencing with Section 14000) of Part 3 of
Division 9 of the Welfare and Institutions Code.
(c) Notwithstanding subdivision (a), the protocol may alternately
provide for the hospital to contact an organ and tissue procurement
organization at the time a potential organ and tissue donor is
identified, and for the trained personnel of the organ and tissue
procurement organization to make the inquiries described in
subdivision (a) of the deceased individual's next of kin or other
individual as set forth in Section 7151.