HRS §327-12
Searching for organ donation papers and sending them to the hospital
When someone is dead or near death, certain emergency workers and hospitals must look for a document showing the person wanted to donate organs or refused to donate. If found, the document must be sent to the hospital. Not doing this has no criminal or civil penalty, but may lead to administrative sanctions.
The statute, as written — Search and notification
(a) The following persons shall make a reasonable search of an individual who the searcher 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: (1) A law enforcement officer, firefighter, paramedic, or other emergency rescuer finding the individual; and (2) If no other source of the information is immediately available, a hospital, as soon as practical after the individual's arrival at the hospital. (b) If a document of gift or a refusal to make an anatomical gift is located by the search required by subsection (a)(1) 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. (c) A person is not subject to criminal or civil liability for failing to discharge the duties imposed by this section but may be subject to administrative sanctions.
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