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-.10 - Suitability of Anatomical Gifts

Universal Citation: GA Rules and Regs r 111-8-5-.10

Current through Rules and Regulations filed through September 23, 2024

(1) A gift authorizes any examination necessary to assure medical suitability of the gift for the intended purposes. The suitability of anatomical gifts shall be determined by attending physicians or surgeons and may be made in conjunction with applicable types of banks or storage facilities. Factors which must be considered in determining suitability shall include age, etiology of death, length of cardiac arrest, and infection or disease. All determinations shall be based upon existing, acceptable medical criteria related to the specific donation and its purpose, as established by the United Network for Organ Sharing, the Southeastern Organ Procurement Foundation, the Organ Procurement and Transplant Network, the American Association of Tissue Banks, and the Eye Bank Association of America, respectively. Hospitals shall be reimbursed by the donee for reasonable charges incurred in doing necessary laboratory work for donor evaluations and suitability determinations when the donee has requested the laboratory work, regardless of whether the donee receives an anatomical gift.

(2) Any permissible donee shall subject or have subjected all human body parts, or the potential donors of such parts, to a HIV test prior to making such parts available for use in the body of another human being. No parts found to be infected or no other parts of a donor found to be infected shall be used in the body of another human.

(3) Unless used for medical research, all HIV infected tissue or organs retrieved from a donor shall be incinerated.

(4) When a human body part or a donor is determined to be HIV infected, the permissible donee that provided or provided for the testing shall:

(a) Provide personal and confidential notification to a living donor from whose body the part was removed if the donee's records identify where the donor is located.

(b) Provide personal and confidential notification to any known physician licensed in Georgia of a deceased donor; such physician shall then have the sole discretion to determine whether to notify the persons who executed the gift or any other persons who were at risk of being infected with HIV by the decedent.

(5) In a medical emergency constituting a serious threat to the life of a potential recipient of blood, if blood that has been subjected to the HIV testing as required by Rule .10(2) is not available, the testing otherwise required by Rule .10(2) shall not be required regarding such blood.

O.C.G.A. § 44-5-140et seq.

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