A. 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:
(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 Paragraph (1) of Subsection 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.
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.
History: Laws 2007, ch. 323, § 12.
Effective dates. — Laws 2007, ch. 323, § 36 made the Jonathan Spradling Revised Uniform Anatomical Gift Act effective July 1, 2007.
Structure New Mexico Statutes
Chapter 24 - Health and Safety
Article 6B - Jonathan Spradling Revised Uniform Anatomical Gift Act
Section 24-6B-1 - Short title.
Section 24-6B-2 - Definitions.
Section 24-6B-3 - Applicability.
Section 24-6B-4 - Who may make anatomical gift before donor's death.
Section 24-6B-5 - Manner of making anatomical gift before donor's death.
Section 24-6B-6 - Amending or revoking anatomical gift before donor's death.
Section 24-6B-7 - Refusal to make anatomical gift; effect of refusal.
Section 24-6B-7.1 - Document of gift as a legal document.
Section 24-6B-8 - Preclusive effect of anatomical gift, amendment or revocation.
Section 24-6B-9 - Who may make anatomical gift of decedent's body or part.
Section 24-6B-9.1 - Identification of potential donors.
Section 24-6B-9.2 - Death record reviews.
Section 24-6B-11 - Persons that may receive anatomical gift; purpose of anatomical gift.
Section 24-6B-12 - Search and notification.
Section 24-6B-13 - Delivery of document of gift not required; right to examine.
Section 24-6B-14 - Rights and duties of procurement organization and others.
Section 24-6B-15 - Coordination of procurement and use.
Section 24-6B-16 - Sale or purchase of parts prohibited.
Section 24-6B-17 - Other prohibited acts.
Section 24-6B-20 - Donor registry.
Section 24-6B-21 - Effect of anatomical gift on advance health-care directive.
Section 24-6B-24 - Uniformity of application and construction.
Section 24-6B-25 - Relation to Electronic Signatures in Global and National Commerce Act.