157.06(11)(h)(h) A person may not accept an anatomical gift of a decedent’s body or part if the person has actual knowledge that the anatomical gift was not made as provided in sub. (5), (6), or (10) or if the person has actual knowledge that the decedent made a refusal to make an anatomical gift under sub. (7) that was not revoked.
157.06(11)(i)(i) Except as provided under par. (a) 2., nothing in this section affects the allocation of organs for transplantation or therapy.
157.06(12)(12)Search and notification.
157.06(12)(a)(a) If any of the following persons reasonably believes an individual to be dead or near death, the person shall make a reasonable search of the individual for a record of gift or a record of refusal or other information identifying the individual as a donor or as an individual who has refused to make an anatomical gift:
157.06(12)(a)1.1. A law enforcement officer, fire fighter, emergency medical services practitioner, emergency medical responder, or ambulance service provider.
157.06(12)(a)2.2. If no other source of information is immediately available, a hospital, as soon as practical after the individual’s arrival at the hospital.
157.06(12)(b)(b) If a record of gift or record of refusal is located by a search under par. (a) 1., and the individual or deceased individual to whom the record or gift or record of refusal relates is taken to a hospital, the person responsible for conducting the search shall send the record of gift or record of refusal to the hospital.
157.06(12)(c)(c) A person is immune from any criminal or civil liability for failure to discharge the duties imposed under this subsection but may be subject to an administrative sanction for such failure.
157.06(13)(13)Delivery of record of gift not required; right to examine.
157.06(13)(a)(a) A record of gift need not be delivered during the donor’s lifetime to be effective.
157.06(13)(b)(b) Upon or after an individual’s death, a person who has possession of a record of gift or a record of refusal relating to the individual’s body or part shall allow any person who is authorized to revoke, make, or object to the making of an anatomical gift of the individual’s body or part, and any person to whom the body or part could pass under sub. (11), to examine and copy the record of gift or record of refusal.
157.06(14)(14)Rights and duties of procurement organization and others.
157.06(14)(a)(a) A procurement organization shall do all of the following when a hospital refers an individual who is near death or who is deceased to the procurement organization:
157.06(14)(a)1.1. If the individual is a prospective donor, make a reasonable search for any person under sub. (9) having priority to make an anatomical gift of the individual’s body or part.
157.06(14)(a)2.2. If the individual referred is a minor who is a donor or who made an unrevoked refusal to make an anatomical gift, unless the procurement organization has actual knowledge that the minor was emancipated, conduct a reasonable search for the parents of the minor and provide the parents an opportunity to revoke or amend the anatomical gift or refusal relating to the minor.
157.06(14)(a)3.3. If the procurement organization receives information about an anatomical gift of the individual’s body or part that under sub. (11) passes to a person other than the procurement organization, promptly advise the other person of relevant information regarding the anatomical gift.
157.06(14)(a)4.4. If procurement organization personnel make a request of a family member of a potential donor to make an anatomical gift of organs, tissues, or eyes, ensure that the personnel make the request with discretion and sensibility with respect to the circumstances, views, and beliefs of the family of the potential donor.
157.06(14)(b)(b) When a hospital refers an individual at or near death to a procurement organization, the procurement organization may conduct any reasonable examination to determine whether a part of the individual that is or could be the subject of an anatomical gift is medically suitable for transplantation, therapy, research, or education. Unless otherwise prohibited by law, an examination under this paragraph may include an examination of all of the individual’s medical or dental records. During the examination period, measures necessary to ensure the medical suitability of the part may not be withdrawn unless the hospital or procurement organization has actual knowledge that the individual expressed a contrary intent.
157.06(14)(c)(c) Unless otherwise prohibited by law, at any time after a donor’s death, the person to whom the donor’s body or part passes under sub. (11) may conduct any reasonable examination, including an examination of all of the donor’s medical or dental records, to determine the medical suitability of the donor’s body or part for its intended purpose.
157.06(14)(d)(d) Subject to subs. (11) (g), (22m), and (23m), the rights of the person to whom an anatomical gift of a part passes under sub. (11) are superior to the rights of all others with respect to a part. The person may accept or reject an anatomical gift in whole or in part. A person who accepts an anatomical gift of a part shall cause the part to be removed from the donor’s body after the death of the donor and before embalming, burial, or cremation and without unnecessary mutilation.
157.06(14)(e)(e) A person who accepts an anatomical gift of an entire body may, subject to the terms of an anatomical gift and this section, allow embalming, burial, cremation, or use of the remains of the body in a funeral service.
157.06(14)(f)(f) A physician who attends a decedent at death or determines the time of death may not participate in the procedures for removing or transplanting a part from the decedent.
157.06(14)(g)(g) A physician or technician may remove from the body of a donor a donated part that the physician or technician is qualified to remove.
157.06(14m)(14m)Coordination of procurement and use; duties of hospitals. Each hospital shall do all of the following:
157.06(14m)(a)(a) Enter into agreements or affiliations with procurement organizations for coordination of procurement and use of bodies and parts that are the subject of anatomical gifts, including the following:
157.06(14m)(a)1.1. An agreement with an organ procurement organization to notify the organ procurement organization or its designee in a timely manner of individuals whose death is imminent or who have died in the hospital.
157.06(14m)(a)2.2. Agreements with at least one tissue bank and at least one eye bank to cooperate in the retrieval, processing, preservation, storage, and distribution of tissues and eyes to assure that all usable tissues and eyes are obtained from potential donors, as long as such agreements do not interfere with the procurement of organs.
157.06(14m)(b)(b) Ensure, in collaboration with the organ procurement organization with which the hospital has an agreement under par. (a) 1. that the family of each potential donor is informed of its options to donate organs, tissues, or eyes or to refuse to donate organs, tissues, or eyes.
157.06(14m)(c)(c) Ensure that the individual who requests family members of potential donors to make anatomical gifts of organs, tissues, or eyes is either an organ procurement representative or has completed a course on the methodology for approaching persons to request that they make anatomical gifts, which course is designed in conjunction with the tissue and eye bank community and offered or approved by the organ procurement organization with which the hospital has an agreement under par. (a) 1.