Compilation of Rules and Regulations of the State of Georgia
Department 111 - RULES OF DEPARTMENT OF COMMUNITY HEALTH
Chapter 111-8 - HEALTHCARE FACILITY REGULATION
Subject 111-8-5 - ANATOMICAL GIFTS
Rule 111-8-5-.07 - Routine Requests on or Before the Occurrence of Death in Hospitals

Universal Citation: GA Rules and Regs r 111-8-5-.07

Current through Rules and Regulations filed through September 23, 2024

(1) All hospitals shall establish, implement, and maintain written policies and procedures for requesting anatomical gifts on or before the occurrence of death in hospitals. The primary purpose of such policies and procedures shall be to inform persons specified in Rule .07(1)(c)1. and .07(1)(c)2. of their options of making anatomical gifts when previous expressed intentions have not been made either upon admission to the hospital or by document of gift. Such policies and procedures shall include a written agreement with a bank or storage facility and shall, at a minimum, include the following provisions:

(a) Screening and Identification of Potential Donors. Before initiating requests for anatomical gifts it must be determined that the body or parts are suitable for donation pursuant to the criteria at Rule .10 of this Chapter.

(b) Procedures for Notifying Bank or Storage Facilities of Potential Donors. If it is determined that a body or parts are suitable for donation, the hospital administrator or designated representatives shall contact the concerned bank or storage facility. However, such notification shall only be made in the absence of actual notice of contrary indications by the decedent, or in the absence of actual notice of opposition by a member of the same or prior classes specified in Rule .07(1)(c)1. and .07(1)(c)2. of this Chapter, and when persons in such prior classes are not available.

(c) Procedures for Making Requests. Actual request for donations must be made by the notified bank or storage facility and shall only be made if consent would yield a suitable donation. However, hospitals may enter into written cooperative agreements with one or more bank or storage facilities, under which agreements designated hospital staff, including physician or surgeons, may make requests as the authorized agents or representatives of the bank or storage facility. Such requests, whether made by hospital staff or the notified bank or storage facility, shall be made in the following manners:
1. For individuals 18 years of age or older, any of the following persons, in order of priority stated, may be requested to give all or any part of the decedent's body for any purposes specified in Rule .04 of this Chapter.
(i) any person having the power to permit an anatomical gift of all or part of the body of the decedent if such power is granted pursuant to a health care agency created under Chapter 32 of Title 31, the Georgia Advance Directive for Health Care Act.

(ii) the spouse;

(iii) an adult son or daughter;

(iv) either parent;

(v) an adult brother or sister;

(vi) a grandparent;

(vii) a guardian of the person of the decedent at the time of his death other than a guardian ad litem appointed for such purpose; or

(viii) any other person authorized or under obligation to dispose of the body.

2. For individuals under 18 years of age, any of the following persons, in order of priority stated, may be requested to give all or any part of the decedent's body for any purposes specified in Rule .04 of this Chapter.
(i) both parents;

(ii) if both parents are not readily available and no contrary indications of the absent parent are known, one parent;

(iii) if the parents are divorced or legally separated, the custodial parent;

(iv) in the absence of the custodial parent, when no contrary indications of the absent parent are known, the noncustodial parent;

(v) if there are no parents, any grandparent;

(vi) if there are no parents readily available or any grandparents, the legal guardian; or

(vii) any other person authorized or obligated to dispose of the body.

3. Consent or refusal must be obtained from persons in the highest priority class available.

4. Consent shall be made by a document signed by the person making the gift or by his telegraphic, recorded telephonic, or other recorded message.

(d) Recordkeeping. The hospital administrator or designated representative shall record in a book any notification to a concerned bank or storage facility about a potential donor; whether, if appropriate, a request for a consent to a gift was made; whether or not consent was granted; and the name of the person granting the consent and his or her relationship to the decedent.

(2) Persons authorized in Rule .07(1)(c)1. and .07(1)(c)2. of this Chapter may make the gift after or immediately before death.

(3) If during the process of a routine request, the donee has actual notice of contrary indications by the decedent or actual notice that a gift made by a member of a class is opposed by a member of the same or prior class listed at Rule .07(1)(c)1. and .07(1)(c)2. of this Chapter, then the donee shall not accept the gift.

(4) In the absence of a specification by a decedent or a person authorized in Rule .07(1)(c)1. and .07(1)(c)2. to give all or part of the decedent's body, any bank or storage facility that becomes the donee of any part of the decedent's body shall give preference to potential recipients of that donation of such body part, other than an organ of the decedent, who are residents of Georgia if: the donation is medically acceptable to the potential recipients who are residents of Georgia; potential recipients who are residents of other states are not in greater need of the donation than potential recipients who are residents of Georgia; and the requisite medical procedure required for the potential recipient to receive the donation will be performed in Georgia.

(5) A gift of all or part of a body authorizes any examination necessary to assure medical acceptability of the gift for the purposes intended.

(6) The rights of the donee created by the gift are paramount to the rights of others except nothing in these rules shall restrict the power of a coroner or medical examiner to limit an anatomical gift of all or part of a person's body when a medical examiner's inquiry is required of that person's death pursuant to O.C.G.A. § 45-16-24 and nothing in these rules shall restrict legal prescribing powers and duties with respect to autopsies.

O.C.G.A. § 44-5-140et seq.

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