The Florida Senate

732.922  Duty of certain hospital administrators.--

(1)  When used in this section, "hospital" means any establishment licensed under chapter 395 except psychiatric and rehabilitation hospitals.

(2)  Where, based on accepted medical standards, a hospital patient is a suitable candidate for organ or tissue donation, the hospital administrator or the hospital administrator's designee shall, at or near the time of death, access the organ and tissue donor registry created by s. 732.915(4) to ascertain the existence of a donor card document executed by the decedent. In the absence of a donor card or document, the hospital administrator or designee shall request any of the persons specified in s. 732.912, in the order and manner of priority stated in s. 732.912, to consent to the gift of all or any part of the decedent's body for any purpose specified in this part. Except as provided in s. 732.912, in the absence of actual notice of opposition, consent or refusal need only be obtained from the person or persons in the highest priority class available.

(3)  A gift made pursuant to a request required by this section shall be executed pursuant to s. 732.914.

(4)  The Agency for Health Care Administration shall establish rules and guidelines concerning the education of individuals who may be designated to perform the request and the procedures to be used in making the request. The agency is authorized to adopt rules concerning the documentation of the request, where such request is made.

(5)  No recovery shall be allowed nor shall civil or criminal proceedings be instituted in any court in this state against the licensed hospital or the hospital administrator or the hospital administrator's designee when, in his or her best judgment, he or she deems such a request for organ donation to be inappropriate according to the procedures established by the Agency for Health Care Administration, or he or she has made every reasonable effort to comply with the provisions of this section.

History.--s. 1, ch. 86-212; s. 2, ch. 87-372; s. 13, ch. 95-423; s. 980, ch. 97-102.