N.M. Admin. Code § 8.370.12.42

Current through Register Vol. 35, No. 23, December 10, 2024

Section 8.370.12.42 - OTHER REQUIREMENTS

A.Anatomical Gifts: The hospital will adopt and implement organ and tissue donation policies and procedures to assist the medical, surgical and nursing staff in identifying and evaluating potential organ or tissue donors.

(1) Organ bank: Means a facility certified by CMS for storage of human body parts.

(2) Decedent: Means a deceased individual who made a gift of all or part of his body.

(3) Donor: Means an individual who makes a gift of all or part of his body.

(4) Eye bank: Means any non-profit agency which is organized to procure eye tissue for the purpose of transplantation or research and which meets the medical standards set by the eye bank association of America.

(5) Organ procurement agency: Means any non-profit agency designated by the health care financing administration to procure and place human organs and tissues for transplantation, therapy, or research.

(6) Part: Includes organs, tissues, eyes, bones, arteries, blood, other fluids and other portions of human body.

(7) Person: Means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association or any other legal entity.

(8) State: Includes any state, district, commonwealth territory, insular possession and any other area subject to the legislative authority of the United States of America.

B.Procedures:

(1) The organ and tissue donation policy and procedure shall conform to the CMS conditions of participation for organ and tissue donations.

(2) All physician and hospital personnel shall make every reasonable effort to carry out the organ and tissue donation policy and procedure adopted by the hospital so that the wishes of a donor may be conveyed to an appropriate local organ procurement agency or eye bank and the necessary donation documents may be properly executed.

(3) Consent from next of kin. Persons authorized to donate anatomical gifts on behalf of the decedent shall conform with the Uniform Anatomical Gift Act, N.M. Laws 2000, Chapter 54, or applicable subsequent statutes.

(4) Every hospital shall develop and implement a policy and procedure for the determination of brain death pursuant to Section 12-2.4 NMSA 1978.

(5) Laws pertaining to notification of the office of the medical investigator shall be complied with in all cases of reportable deaths.

(6) The requirements of this section apply only to acute-care hospitals and limited services hospitals in New Mexico.

N.M. Admin. Code § 8.370.12.42

Adopted by New Mexico Register, Volume XXXV, Issue 12, June 25, 2024, eff. 7/1/2024