Legal Definitions - required-request law

A required-request law is a legal mandate that obligates certain healthcare professionals, typically in hospitals, to initiate a conversation with a deceased patient's family members about the option of donating organs or tissues for transplantation or medical research. This law ensures that families are given the opportunity to consider anatomical gifts during a difficult time.

Here are some examples to illustrate how a required-request law operates:

• Example 1: Emergency Room Fatality
  Mr. Henderson is brought to the emergency room after a severe car accident and, despite medical efforts, passes away. Following his death, a designated hospital staff member, such as a nurse or social worker, approaches Mr. Henderson's grieving spouse and children. The staff member respectfully explains the option of organ and tissue donation, providing information about the process and answering any questions the family might have, even if they ultimately decide not to proceed with donation.

  Explanation: This scenario illustrates a required-request law because the hospital personnel are legally obligated to initiate the discussion about anatomical gifts with Mr. Henderson's family, ensuring they are informed of the possibility, regardless of the family's prior knowledge or inclination.

• Example 2: Dedicated Donation Coordinator
  At St. Jude's Medical Center, a policy is in place that whenever a patient dies under circumstances where organ donation might be possible, a specially trained organ procurement organization (OPO) coordinator is contacted. This coordinator then meets with the deceased patient's next of kin to discuss the potential for organ and tissue donation, outlining the benefits and the process involved, and answering any questions they may have.

  Explanation: This demonstrates a required-request law by showing how a hospital implements the legal mandate through a specific protocol involving trained personnel (the OPO coordinator) to ensure the discussion about anatomical gifts occurs with the family, fulfilling the legal obligation.

• Example 3: Patient with Prior Donor Registration
  Mrs. Rodriguez had registered as an organ donor on her driver's license years ago. However, after her passing due to a sudden illness, the hospital staff still engages her adult children in a conversation about her wishes regarding organ donation. While Mrs. Rodriguez's registration provides legal consent for donation, the required-request law ensures that her family is also informed and given the opportunity to understand and support the donation process, or to raise any concerns they might have.

  Explanation: This example highlights that even when a patient has pre-registered as a donor, a required-request law often still mandates that hospital personnel discuss the possibility of anatomical gifts with the family. This ensures transparency and allows the family to be part of the final decision-making process, even if it's to confirm the deceased's wishes.