39-3413. SEARCH AND NOTIFICATION. (1) For purposes of this section, "first responder" means a law enforcement officer, firefighter, emergency medical services provider, coroner or other emergency rescuer.

(2) The following persons shall make a reasonable search of an individual who the person reasonably believes is dead or near death for a document of gift or other information identifying the individual as a donor or as an individual who made a refusal:

(a) A first responder finding the individual; and

(b) If no other source of the information is immediately available, a hospital, as soon as practical after the individual’s arrival at the hospital.

(3) For all individuals identified as a donor, following the determination that an individual is deceased by a person qualified to do so, such person shall, as soon as reasonably possible, notify the Idaho state communication center of the location where the deceased will be or has been transported to and include the deceased individual’s name and date of birth if known. The Idaho state communication center shall, as soon as reasonably possible, notify the appropriate organ procurement organization, tissue bank or eye bank.

(4) If a document of gift or a refusal to make an anatomical gift is located by the search required by subsection (2)(a) of this section and the individual or deceased individual to whom it relates is taken to a hospital, the person responsible for conducting the search shall send the document of gift or refusal to the hospital.

(5) A person is not subject to criminal or civil liability for failing to discharge the duties imposed by this section.

History:

[39-3413, added 2007, ch. 30, sec. 2, p. 69; am. 2013, ch. 247, sec. 1, p. 597.]