Code of Alabama

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22-19-173
Section 22-19-173 Rights and duties of procurement organization and others. (a) When
a hospital refers an individual at or near death to a procurement organization, the organization
shall make a reasonable search of the records of the Alabama State Law Enforcement Agency
and any donor registry that it knows exists for the geographical area in which the individual
resides to ascertain whether the individual has made an anatomical gift. (b) A procurement
organization must be allowed reasonable access to information in the records of the Alabama
State Law Enforcement Agency to ascertain whether an individual at or near death is a donor.
(c) When a hospital refers an individual at or near death to a procurement organization, the
organization may conduct any reasonable examination necessary to ensure the medical suitability
of a part that is or could be the subject of an anatomical gift for transplantation, therapy,
research, or education from a donor or a prospective donor. During the...
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22-19-161
Section 22-19-161 Definitions. In this article: (1) "Adult" means an individual
who is at least 18 years of age. (2) "Agent" means an individual: (A) authorized
to make health care decisions on the principal's behalf by a power of attorney for health
care; or (B) expressly authorized to make an anatomical gift on the principal's behalf by
any other record signed by the principal. (3) "Anatomical gift" means a donation
of all or part of a human body to take effect after the donor's death for the purpose of transplantation,
therapy, research, or education. (4) "Coroner" means an elected or appointed official
who determines, with the assistance of other forensic scientists and investigators, the cause,
manner, and circumstances surrounding death. (5) "Decedent" means a deceased individual
whose body or part is or may be the source of an anatomical gift. The term includes a stillborn
infant and, subject to restrictions imposed by law other than this article, a fetus. (6) "Disinterested...

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22-19-171
Section 22-19-171 Search and notification. (a) The following persons shall make a reasonable
search of an individual who the person reasonably believes is dead or near death for a document
of gift or other information identifying the individual as a donor or as an individual who
made a refusal: (1) a law enforcement officer, firefighter, paramedic, or other emergency
rescuer finding the individual; and (2) if no other source of the information is immediately
available, a hospital, as soon as practical after the individual's arrival at the hospital.
(b) If a document of gift or a refusal to make an anatomical gift is located by the search
required by subsection (a)(1) and the individual or deceased individual to whom it relates
is taken to a hospital, the person responsible for conducting the search shall send the document
of gift or refusal to the hospital. (c) A person is not subject to criminal or civil liability
for failing to discharge the duties imposed by this section but may be...
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22-19-179
Section 22-19-179 Donor registry. (a) The Alabama State Law Enforcement Agency may establish
or contract for the establishment of a donor registry. (b) The Alabama State Law Enforcement
Agency shall cooperate with a person that administers any donor registry that this state establishes,
contracts for, or recognizes for the purpose of transferring to the donor registry all relevant
information regarding a donor's making, amendment to, or revocation of an anatomical gift.
(c) A donor registry must: (1) allow a donor or other person authorized under Section
22-19-163 to include on the donor registry a statement or symbol that the donor has made,
amended, or revoked an anatomical gift; (2) be accessible to a procurement organization to
allow it to obtain relevant information on the donor registry to determine, at or near death
of the donor or a prospective donor, whether the donor or prospective donor has made, amended,
or revoked an anatomical gift; and (3) be accessible for purposes of...
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22-19-181
Section 22-19-181 Cooperation between coroner, medical examiner, and procurement organization.
(a) A coroner or medical examiner or district attorney or local public health official or
a designee shall cooperate with procurement organizations to maximize the opportunity to recover
anatomical gifts for the purpose of transplantation, therapy, research, or education when
it has been determined that the recovery will not interfere with a death investigation. The
organ procurement organization, tissue bank, and eye bank will make every reasonable effort
to seek approval and release from the coroner or medical examiner or district attorney or
designee prior to proceeding with consent approaches to the authorized parties as described
in this article. The request for release process will begin with the coroner or designee,
who may defer to the medical examiner or designee, who may subsequently defer to the district
attorney or designee. At the time of coroner or medical examiner or district...
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22-19-170
Section 22-19-170 Persons that may receive anatomical gift; purpose of anatomical gift.
(a) An anatomical gift may be made to the following persons named in the document of gift:
(1) a hospital; accredited medical school, dental school, college, or university; organ procurement
organization; or other appropriate person, for research or education; (2) subject to subsection
(b), an individual designated by the person making the anatomical gift if the individual is
the recipient of the part; (3) an eye bank or tissue bank. (b) If an anatomical gift to an
individual under subsection (a)(2) cannot be transplanted into the individual, the part passes
in accordance with subsection (g) in the absence of an express, contrary indication by the
person making the anatomical gift. (c) If an anatomical gift of one or more specific parts
or of all parts is made in a document of gift that does not name a person described in subsection
(a) but identifies the purpose for which an anatomical gift may be...
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22-19-182
Section 22-19-182 Facilitation of anatomical gift from decedent whose body is under
jurisdiction of coroner or medical examiner. (a) Upon request of a procurement organization,
a coroner or medical examiner shall release to the procurement organization the name, contact
information, and available medical and social history of a decedent whose body is under the
jurisdiction of the coroner or medical examiner. Specific operational details regarding visitation,
referral methods, recovery logistics, and efforts to minimize interruptions to the operations
of the coroner and/or medical examiner will be established in the protocols referenced in
Section 22-19-181 (d). Section 164.512 of the Health Information Portability
and Protection Act, enacted 1996, specifies that a covered entity may use or disclose protected
health information to organ procurement organizations or other entities engaged in the procurement,
banking, or transplantation of cadaveric organs, eyes, or tissues for the...
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22-19-169
Section 22-19-169 Manner of making, amending, or revoking anatomical gift of decedent's
body or part. (a) A person authorized to make an anatomical gift under Section 22-19-168
may make an anatomical gift by a document of gift signed by the person making the gift or
by that person's oral communication that is electronically recorded or is contemporaneously
reduced to a record and signed by the individual receiving the oral communication. (b) Subject
to subsection (c), an anatomical gift by a person authorized under Section 22-19-168
may be amended or revoked orally or in a record by any member of a prior class who is reasonably
available. If more than one member of the prior class is reasonably available, the gift made
by a person authorized under Section 22-19-168 may be: (1) amended only if a majority
of the reasonably available members agree to the amending of the gift; or (2) revoked only
if a majority of the reasonably available members agree to the revoking of the gift or if
they...
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22-19-71.1
Section 22-19-71.1 Promotion of organ donation through the application and renewal process
for driver's licenses. (a) This section shall be named Angelynn and Courtney's Law.
(b) The Legislature finds: (1) There is an acute need for organ donors in Alabama and throughout
the nation. (2) According to the United Network for Organ Sharing, more than 121,000 people
are waiting for an organ transplant nationally, and a new person is added to the waiting list
every 18 minutes. (3) In Alabama, more than 3,300 people are waiting for an organ transplant.
(4) For an average of 19 people per day, the wait is too long and they die before a suitable
organ is available. (5) The Revised Uniform Anatomical Gift Act currently provides for notice
of intent to make an organ donation upon the donor's death. (6) A checkoff on a driver's license
to be an organ donor has been a very successful way to encourage organ donation, but more
can be done to provide greater education and public awareness regarding...
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22-19-165
Section 22-19-165 Amending or revoking anatomical gift before donor's death. (a) Subject
to Section 22-19-167, a donor or other person authorized to make an anatomical gift
under Section 22-19-163 may amend or revoke an anatomical gift by: (1) a record signed
by: (A) the donor; (B) the other person; or (C) subject to subsection (b), another individual
acting at the direction of the donor or the other person if the donor or other person is physically
unable to sign; or (2) a later-executed document of gift that amends or revokes a previous
anatomical gift or portion of an anatomical gift, either expressly or by inconsistency. (b)
A record signed pursuant to subsection (a)(1)(C) must: (1) be witnessed by at least two adults,
at least one of whom is a disinterested witness, who have signed at the request of the donor
or the other person; and (2) state that it has been signed and witnessed as provided in subdivision
(1). (c) Subject to Section 22-19-167, a donor or other person authorized...
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