(a) For the purposes of this section, the term:
(1) “Advance health-care directive” means a power of attorney for health care or a record signed or authorized by a prospective donor containing the prospective donor’s direction concerning a health-care decision for the prospective donor.
(2) “Declaration” means a record signed by a prospective donor specifying the circumstances under which a life-support system may be withheld or withdrawn from the prospective donor.
(3) “Health-care decision” means any decision regarding the health care of the prospective donor.
(b)(1) If a prospective donor has a declaration or advance health-care directive and the terms of the declaration or directive and the express or implied terms of a potential anatomical gift are in conflict with regard to the administration of measures necessary to ensure the medical suitability of a part for transplantation or therapy, the prospective donor’s attending physician and prospective donor shall confer to resolve the conflict.
(2) If the prospective donor is incapable of resolving the conflict, an agent acting under the prospective donor’s declaration or directive, or, if none or the agent is not reasonably available, another person authorized by law other than this subchapter to make health-care decisions on behalf of the prospective donor, shall act for the donor to resolve the conflict.
(3) The conflict shall be resolved as expeditiously as possible.
(4) Information relevant to the resolution of the conflict may be obtained from the appropriate procurement organization and any other person authorized to make an anatomical gift for the prospective donor under § 7-1531.08.
(5) Before resolution of the conflict, measures necessary to ensure the medical suitability of the part may not be withheld or withdrawn from the prospective donor if withholding or withdrawing the measures is not contraindicated by appropriate end-of-life care.
(Apr. 15, 2008, D.C. Law 17-145, § 21, 55 DCR 2532.)
Uniform Law: This section is based upon § 21 of the Revised Uniform Anatomical Gift Act (2006).
Structure District of Columbia Code
Title 7 - Human Health Care and Safety
Subchapter II-A - Revised Uniform Anatomical Gift Act
§ 7–1531.03. Who may make anatomical gift before donor’s death
§ 7–1531.04. Manner of making anatomical gift before donor’s death
§ 7–1531.05. Amending or revoking anatomical gift before donor’s death
§ 7–1531.06. Refusal to make anatomical gift; effect of refusal
§ 7–1531.07. Preclusive effect of anatomical gift, amendment, or revocation
§ 7–1531.08. Who may make anatomical gift of decedent’s body or part
§ 7–1531.09. Manner of making, amending, or revoking anatomical gift of decedent’s body or part
§ 7–1531.10. Persons that may receive anatomical gift; purpose of anatomical gift
§ 7–1531.11. Search and notification
§ 7–1531.12. Delivery of document of gift not required; right to examine
§ 7–1531.13. Rights and duties of procurement organization and others
§ 7–1531.14. Coordination of procurement and use
§ 7–1531.15. Sale or purchase of parts prohibited
§ 7–1531.16. Other prohibited acts
§ 7–1531.19. Establishment of the donor registry
§ 7–1531.19a. Access to Registry information
§ 7–1531.19b. Sources of Registry information; confidentiality
§ 7–1531.19c. Department of Motor Vehicles transfer of Registry information requirements
§ 7–1531.19d. Effect of amendment or revocation of anatomical gift upon Registry
§ 7–1531.19e. Donor status not dependent on being listed in Registry
§ 7–1531.19f. Rulemaking for Registry
§ 7–1531.20. Effect of anatomical gift on advance health-care directive
§ 7–1531.21. Cooperation between the Chief Medical Examiner and procurement organizations
§ 7–1531.23. Uniformity of application and construction
§ 7–1531.24. Duties of hospitals and hospices
§ 7–1531.25. Organ preservation
§ 7–1531.26. Certificate requirement
§ 7–1531.28. Relation to Electronic Signatures in Global and National Commerce Act