OAR 333-505-0090: Request for Tissues and Organs

(1) A hospital administrator or his or her designee shall contact the appropriate organ or tissue procurement organization when a patient dies at the hospital or when a patient's death is imminent. (2) After consultation with an organ or tissue procurement organization, the hospital administrator or his or her designee shall communicate with the patient or legal next-of-kin and request that the patient's organs and tissue be donated as an anatomical gift, unless: (a) The medical record shows that the patient has made an anatomical gift; (b) The appropriate procurement organizations or the medical examiner has ruled out the potential donor based on accepted medical standards; (c) The legal next-of-kin are not available because: (A) They cannot be located in a timely manner after reasonable effort by the procurement organizations or the hospital; or (B) They are mentally incompetent. (d) In the opinion of the attending physician after consulting with the procurement organization, it is determined that the request would contribute toward the severe emotional distress of the patient or legal next-of-kin. (3) For purposes of this rule, "legal next-of-kin" is the class of persons described in ORS 97.965 and in addition to spouse, includes Oregon registered domestic partner. (4) The hospital shall document the request or the absence of a request, in the medical record of the decedent and provide information on the request and its disposition to the person filing the death certificate. (5) An anatomical gift by a legal next-of-kin or authorized person may be made by a document of gift signed by the donor or made by his or her telegraphic, recorded telephonic or other recorded message. (6) A hospital or training requestor who acts or omits to act with probable cause in accord with the terms of ORS 97.951 through 97.978 and these rules is not subject to criminal or civil liability.