HB 1485

1	A bill to be entitled
2	An act relating to organ and tissue donation; amending s.
3	765.203, F.S.; deleting a provision in the form that
4	designates a health care surrogate that provides an
5	exception for anatomical gifts; amending s. 765.512, F.S.;
6	revising provisions for making an organ donation; adding
7	additional persons to the list of persons who may donate a
8	decedent's body; removing the provision prohibiting a
9	spouse from making a donation if the decedent's adult son
10	or daughter objects; amending s. 765.514, F.S.; providing
11	additional mechanisms for making an anatomical gift
12	including registering with the organ and tissue donor
13	registry; revising the uniform donor card to specify the
14	type of donation; deleting a statement of public policy
15	that prohibits restrictions on who may receive an
16	anatomical gift, a provision specifying who can accept a
17	gift, and a provision designating a physician to carry out
18	appropriate procedures; amending s. 765.515, F.S.;
19	requiring the Department of Highway Safety and Motor
20	Vehicles to inform the donor registry of instances of
21	making an anatomical gift and of withdrawal of an
22	anatomical gift; deleting a provision requiring the Agency
23	for Health Care Administration and the department to
24	maintain a donor registry; creating s. 765.5155, F.S.;
25	providing legislative intent with respect to establishing
26	an online organ and tissue donor registry; requiring
27	administration of the donor registry to be procured by
28	competitive solicitation; specifying the duties of the
29	contractor including the operation of the registry, a
30	continuing public education program about organ donation,
31	and the preparation of an annual report; authorizing the
32	agency to adopt rules relating to providing research
33	access to the registry; providing for funding and for
34	voluntary contributions to the registry; designating the
35	donor registry as the "Joshua Abbott Organ and Tissue
36	Donor Registry"; amending s. 765.516, F.S.; authorizing
37	revocation of an anatomical gift by a donor through
38	removal of his or her name from the registry; amending s.
39	765.517, F.S.; revising provisions relating to
40	verification of a donor's consent at death; amending s.
41	765.521, F.S.; conforming a cross-reference; amending s.
42	765.522, F.S.; revising duties of hospital administrators
43	with respect to reporting suitable donor candidates at or
44	near the time of death; updating references to organ
45	procurement organizations; repealing s. 765.5215, F.S.,
46	relating to an education program relating to anatomical
47	gifts; repealing s. 765.5216, F.S., relating to the organ
48	and tissue donor education panel; providing an effective
49	date.
50
51	Be It Enacted by the Legislature of the State of Florida:
52
53	Section 1.  Section 765.203, Florida Statutes, is amended
54	to read:
55	765.203  Suggested form of designation.--A written
56	designation of a health care surrogate executed pursuant to this
57	chapter may, but need not be, in the following form:
58
59	DESIGNATION OF HEALTH CARE SURROGATE
60
61	Name:_____(Last)_____(First)_____(Middle Initial)_____
62	In the event that I have been determined to be
63	incapacitated to provide informed consent for medical treatment
64	and surgical and diagnostic procedures, I wish to designate as
65	my surrogate for health care decisions:
66
67	Name:
68	Address:
69
	____________________________________ Zip Code:__________
70
71	Phone:____________________
72	If my surrogate is unwilling or unable to perform his or
73	her duties, I wish to designate as my alternate surrogate:
74	Name:
75	Address:
76
	____________________________________ Zip Code:__________
77
78	Phone:____________________
79	I fully understand that this designation will permit my
80	designee to make health care decisions, except for anatomical
81	gifts, unless I have executed an anatomical gift declaration
82	pursuant to law, and to provide, withhold, or withdraw consent
83	on my behalf; to apply for public benefits to defray the cost of
84	health care; and to authorize my admission to or transfer from a
85	health care facility.
86	Additional instructions (optional):
87	I further affirm that this designation is not being made as
88	a condition of treatment or admission to a health care facility.
89	I will notify and send a copy of this document to the following
90	persons other than my surrogate, so they may know who my
91	surrogate is.
92	Name:
93	Name:
94	Signed:
95	Date:
96
	Witnesses: 1.________________
97
	2.________________
98
99	Section 2.  Subsections (1), (2), (3), and (4) of section
100	765.512, Florida Statutes, are amended to read:
101	765.512  Persons who may make an anatomical gift.--
102	(1)  Any person who may make a will may give all or part of
103	his or her body for any purpose specified in s. 765.513. s.
104	765.510, The gift is effective to take effect upon the death of
105	the donor. An anatomical gift made by an adult donor and not
106	revoked by the donor as provided in s. 765.516 is irrevocable
107	after the donor's death. A family member, guardian,
108	representative ad litem, or health care surrogate of an adult
109	donor who has made an anatomical gift pursuant to subsection (2)
110	may not modify, deny, or prevent a donor's wish or intent to
111	make an anatomical gift from being made after the donor's death.
112	(a)(2)  If the decedent makes has executed an agreement
113	concerning an anatomical gift, by one of the methods listed in
114	s. 765.514(1), signing an organ and tissue donor card, by
115	expressing his or her wish to donate in a living will or advance
116	directive, or by signifying his or her intent to donate on his
117	or her driver's license or in some other written form has
118	indicated his or her wish to make an anatomical gift, and in the
119	absence of actual notice of contrary indications by the
120	decedent, the document or entry in the organ and tissue registry
121	is evidence of legally sufficient evidence of the decedent's
122	informed consent to donate an anatomical gift and is legally
123	binding.
124	(b)  An anatomical gift made by a qualified donor and not
125	revoked by the donor, as provided in s. 765.516, is irrevocable
126	after the donor's death. A family member, guardian,
127	representative ad litem, or health care surrogate may not
128	modify, deny, or prevent a donor's wish or intent to make an
129	anatomical gift after the donor's death.
130	(2)  A health care Any surrogate designated by the decedent
131	pursuant to part II of this chapter may give all or any part of
132	the decedent's body for any purpose specified in s. 765.513
133	absent actual notice of contrary indications by the decedent s.
134	765.510.
135	(3)  If the decedent has not made executed an agreement
136	concerning an anatomical gift or designated a health surrogate
137	pursuant to part II of this chapter to make an anatomical gift
138	pursuant to the conditions of subsection (2), a member of one of
139	the classes of persons listed below, in the order of priority
140	listed stated and in the absence of actual notice of contrary
141	indications by the decedent or actual notice of opposition by a
142	member of the same or a prior class, may give all or any part of
143	the decedent's body for any purpose specified in s. 765.513 s.
144	765.510:
145	(a)  The spouse of the decedent;
146	(b)  An adult son or daughter of the decedent;
147	(c)  Either parent of the decedent;
148	(d)  An adult brother or sister of the decedent;
149	(e)  An adult grandchild of the decedent;
150	(f)  A grandparent of the decedent;
151	(g)  Another adult who exhibited special care and concern
152	for the decedent;
153	(h)(f)  A guardian of the person of the decedent at the
154	time of his or her death; or
155	(i)(g)  A representative ad litem who shall be appointed by
156	a court of competent jurisdiction forthwith upon a petition
157	heard ex parte filed by any person, who which representative ad
158	litem shall ascertain that no person of higher priority exists
159	who objects to the gift of all or any part of the decedent's
160	body and that no evidence exists of the decedent's having made a
161	communication expressing a desire that his or her body or body
162	parts not be donated upon death.;
163
164	but no gift shall be made by the spouse if any adult son or
165	daughter objects, and provided that Those of higher priority
166	who, if they are reasonably available must be, have been
167	contacted and made aware of the proposed gift, and further
168	provided that a reasonable search must be conducted which shows
169	is made to show that there would have been no objection to the
170	gift on religious grounds by the decedent.
171	(4)  A donee may not accept an anatomical gift if the donee
172	has actual notice of contrary indications by the donor decedent
173	or, in the case of a spouse making the gift, an objection of an
174	adult son or daughter or actual notice that a gift by a member
175	of a class is opposed by a member of the same or a prior class,
176	the donee shall not accept the gift.
177	Section 3.  Section 765.514, Florida Statutes, is amended
178	to read:
179	765.514  Manner of making executing anatomical gifts.--
180	(1)  A person may make a gift of all or part of his or her
181	the body under s. 765.512(1) may be made by will:
182	(a)  Signing an organ and tissue donor card.
183	(b)  Registering online with the organ and tissue donor
184	registry.
185	(c)  Signifying an intent to donate on his or her driver's
186	license or identification card issued by the Department of
187	Highway Safety and Motor Vehicles. Revocation, suspension,
188	expiration, or cancellation of the driver's license or
189	identification card does not invalidate the gift.
190	(d)  Expressing a wish to donate in a living will or other
191	advance directive.
192	(e)  Executing a will that includes a provision indicating
193	that the testator wishes to make an anatomical gift. The gift
194	becomes effective upon the death of the testator without waiting
195	for probate. If the will is not probated or if it is declared
196	invalid for testamentary purposes, the gift is nevertheless
197	valid to the extent that it has been acted upon in good faith.
198	(f)(2)(a)  Expressing a wish to donate in A gift of all or
199	part of the body under s. 765.512(1) may also be made by a
200	document other than a will. The gift becomes effective upon the
201	death of the donor. The document must be signed by the donor in
202	the presence of two witnesses who shall sign the document in the
203	donor's presence. If the donor cannot sign, the document may be
204	signed for him or her at the donor's direction and in his or her
205	presence and the presence of two witnesses who must sign the
206	document in the donor's presence. Delivery of the document of
207	gift during the donor's lifetime is not necessary to make the
208	gift valid.
209	(b)  The following form of written document is instrument
210	shall be sufficient for any person to give all or part of his or
211	her body for the purposes of this part:
212
213	UNIFORM DONOR CARD
214
215	The undersigned hereby makes this anatomical gift, if medically
216	acceptable, to take effect on death.  The words and marks below
217	indicate my desires:
218
219	I give:
220	(a)  ____ any needed organs, tissues, or eyes parts;
221	(b)  ____ only the following organs, tissues, or eyes or
222	parts
223	[Specify the organs, tissues, or eyes organ(s) or
224	part(s)]
225
226	for the purpose of transplantation, therapy, medical research,
227	or education;
228	(c)  ____ my body for anatomical study if needed.
229	Limitations or special wishes, if any:
230	[(If applicable, list specific donee; this must be arranged in
231	advance with the donee.])
232
233	Signed by the donor and the following witnesses in the presence
234	of each other:   (Signature of donor)
235	(Date of birth of donor)
236	(Date signed)
237	(City and State)
238	(Witness)
239	(Witness)
240	(Address)
241	(Address)
242
243	(2)(3)  The gift may be made to a donee listed in s.
244	765.513 and the donee may be specified by name. If the donee is
245	not specified by name, the gift may be accepted by the attending
246	physician as donee upon or following the donor's death. If the
247	gift is made to a specified donee who is not available at the
248	time and place of death, the attending physician may accept the
249	gift as donee upon or following death in the absence of any
250	expressed indication that the donor desired otherwise. However,
251	the Legislature declares that the public policy of this state
252	prohibits restrictions on the possible recipients of an
253	anatomical gift on the basis of race, color, religion, sex,
254	national origin, age, physical handicap, health status, marital
255	status, or economic status, and such restrictions are hereby
256	declared void and unenforceable. The physician who becomes a
257	donee under this subsection shall not participate in the
258	procedures for removing or transplanting a part.
259	(4)  Notwithstanding s. 765.517(2), the donor may designate
260	in his or her will or other document of gift the surgeon or
261	physician to carry out the appropriate procedures.  In the
262	absence of a designation or if the designee is not available,
263	the donee or other person authorized to accept the gift may
264	employ or authorize any surgeon or physician for the purpose.
265	(3)(5)  Any gift by a health care surrogate designated by
266	the decedent pursuant to part II of this chapter or a member of
267	a class designated in s. 765.512(3) must be made by a document
268	signed by that person or made by that person's witnessed
269	telephonic discussion, telegraphic message, or other recorded
270	message.
271	Section 4.  Section 765.515, Florida Statutes, is amended
272	to read:
273	765.515  Delivery of donor document; organ and tissue donor
274	registry.--
275	(1)  If a gift is made pursuant to through the program
276	established by the Agency for Health Care Administration and the
277	Department of Highway Safety and Motor Vehicles under the
278	authority of s. 765.521, the completed donor registration card
279	shall be delivered to the Department of Highway Safety and Motor
280	Vehicles and the department must communicate the donor's intent
281	to the organ and tissue donor registry processed in a manner
282	specified in subsection (4), but delivery is not necessary to
283	the validity of the gift. If the donor withdraws the gift, the
284	records of the Department of Highway Safety and Motor Vehicles
285	must shall be updated to reflect such withdrawal and the
286	department must communicate the withdrawal to the organ and
287	tissue donor registry for the purpose of updating the registry.
288	(2)  If a gift is not made through the program established
289	by the Agency for Health Care Administration and the Department
290	of Highway Safety and Motor Vehicles under the authority of s.
291	765.521 and is made by the donor to a specified donee, the
292	document, other than a will, may be delivered to the donee to
293	expedite the appropriate procedures immediately after death, but
294	delivery is not necessary to the validity of the gift. Such
295	document may be deposited in any hospital, bank, storage
296	facility, or registry office that accepts such documents for
297	safekeeping or to facilitate the donation of organs and tissue
298	for facilitation of procedures after death.
299	(3)  At On the request of any interested party upon or
300	after the donor's death, the person in possession shall produce
301	the document for examination.
302	(4)  The Agency for Health Care Administration and the
303	Department of Highway Safety and Motor Vehicles shall develop
304	and implement an organ and tissue donor registry which shall
305	record, through electronic means, organ and tissue donation
306	documents submitted through the driver license identification
307	program or by other sources.  The registry shall be maintained
308	in a manner which will allow, through electronic and telephonic
309	methods, immediate access to organ and tissue donation documents
310	24 hours a day, 7 days a week. Hospitals, organ and tissue
311	procurement agencies, and other parties identified by the agency
312	by rule shall be allowed access through coded means to the
313	information stored in the registry.  Costs for the organ and
314	tissue donor registry shall be paid from the Florida Organ and
315	Tissue Donor Education and Procurement Trust Fund created by s.
316	765.52155. Funds deposited into the Florida Organ and Tissue
317	Donor Education and Procurement Trust Fund shall be utilized by
318	the Agency for Health Care Administration for maintaining the
319	organ and tissue donor registry and for organ and tissue donor
320	education.
321	Section 5.  Section 765.5155, Florida Statutes, is created
322	to read:
323	765.5155  Organ and tissue donor registry; education
324	program.--
325	(1)  The Legislature finds that:
326	(a)  There is a shortage of organ and tissue donors in this
327	state willing to provide the organs and tissue that could save
328	lives or enhance the quality of life for many persons.
329	(b)  There is a need to encourage the various minority
330	populations of this state to donate organs and tissue.
331	(c)  A statewide organ and tissue donor registry having an
332	online donor registration process coupled with an enhanced
333	program of donor education will lead to an increase in the
334	number of organ and tissue donors registered in this state, thus
335	affording more persons who are awaiting organ or tissue
336	transplants the opportunity for a full and productive life.
337	(2)  The Agency for Health Care Administration and the
338	Department of Highway Safety and Motor Vehicles shall jointly
339	contract for the operation of an organ and tissue donor registry
340	and education program. The contractor shall be procured by
341	competitive solicitation pursuant to chapter 287,
342	notwithstanding any exemption in s. 287.057(5)(f). When awarding
343	the contract, priority shall be given to existing nonprofit
344	groups that are based within the state, have expertise working
345	with organ and tissue procurement organizations, have expertise
346	in conducting statewide organ and tissue donor public education
347	campaigns, and represent the needs of the organ and tissue
348	donation community in the state.
349	(3)  The contractor shall be responsible for:
350	(a)  The development, implementation, and maintenance of an
351	interactive web-based organ and tissue donor registry that,
352	through electronic means, allows for online organ donor
353	registration and the recording of organ and tissue donation
354	records submitted through the driver's license identification
355	program or through other sources.
356	1.  The registry must be maintained in a manner that
357	allows, through electronic and telephonic methods, immediate
358	access to organ and tissue donation records 24 hours a day, 7
359	days a week.
360	2.  Access to the registry must be through coded and secure
361	means to protect the integrity of the data in the registry.
362	(b)  A continuing program to educate and inform medical
363	professionals, law enforcement agencies and officers, other
364	state and local government employees, high school students,
365	minorities, and the public about the laws of this state relating
366	to anatomical gifts and the need for anatomical gifts.
367	1.  Existing community resources, when available, must be
368	used to support the program and volunteers may assist the
369	program to the maximum extent possible.
370	2.  The contractor, for the sole purpose of furthering its
371	educational program, shall, in coordination with the head of the
372	applicable entity or his or her designee, have access to the
373	buildings and workplace areas of all state agencies and
374	political subdivisions of the state.
375	(c)  Preparing and submitting an annual written report to
376	the Agency for Health Care Administration by December 31 of each
377	year. The report must include:
378	1.  The number of donors on the registry and an analysis of
379	the registration rates by location and method of donation;
380	2.  The characteristics of donors as determined from
381	registry information submitted directly by the donors or by the
382	Department of Highway Safety and Motor Vehicles;
383	3.  The annual dollar amount of voluntary contributions
384	received by the contractor;
385	4.  A description of the educational campaigns and
386	initiatives implemented during the year and an evaluation of
387	their effectiveness in increasing enrollment on the registry;
388	and
389	5.  An analysis of Florida's registry compared with other
390	states' donor registries.
391	(4)  The Agency for Health Care Administration may adopt
392	rules to authorize persons engaged in bona fide research to
393	access records in the registry if the researcher agrees to:
394	(a)  Submit a research plan to the agency that specifies
395	the exact nature of the information requested and the intended
396	use of the information;
397	(b)  Maintain the confidentiality of the records or
398	information if personal identifying information is made
399	available to the researcher;
400	(c)  Destroy any confidential records or information
401	obtained after the research is concluded; and
402	(d)  Not directly or indirectly contact, for any purpose,
403	any donor or donee.
404	(5)  Costs for the organ and tissue donor registry and
405	education program shall be paid by the Agency for Health Care
406	Administration from the Florida Organ and Tissue Donor Education
407	and Procurement Trust Fund created in s. 765.52155. In addition,
408	the contractor may receive and use voluntary contributions to
409	help support the registry and provide education.
410	(6)  The organ and tissue donor registry established by
411	this section is designated as the "Joshua Abbott Organ and
412	Tissue Registry."
413	Section 6.  Paragraph (e) is added to subsection (1) of
414	section 765.516, Florida Statutes, to read:
415	765.516  Amendment of the terms of or the revocation of the
416	gift.--
417	(1)  A donor may amend the terms of or revoke an anatomical
418	gift by:
419	(e)  Removing his or her name from the organ and tissue
420	donor registry.
421	Section 7.  Subsection (3) of section 765.517, Florida
422	Statutes, is amended to read:
423	765.517  Rights and duties at death.--
424	(3)  The organ procurement organization, tissue bank, or
425	eye bank, or hospital medical professionals under the direction
426	thereof, may perform any and all tests to evaluate the deceased
427	as a potential donor and any invasive procedures on the deceased
428	body in order to preserve the potential donor's organs.  These
429	procedures do not include the surgical removal of an organ or
430	penetrating any body cavity, specifically for the purpose of
431	donation, until:
432	(a)  It has been verified that the deceased's consent to
433	donate appears in the organ and tissue donor registry or a
434	properly executed donor card or document is located; or,
435	(b)  If a properly executed donor card or document cannot
436	be located or the deceased's consent is not listed in the organ
437	and tissue donor registry, a person specified in s. 765.512(2)
438	or (3) s. 765.512(3) has been located, has been notified of the
439	death, and has granted legal permission for the donation.
440	Section 8.  Subsection (1) of section 765.521, Florida
441	Statutes, is amended to read:
442	765.521  Donations as part of driver license or
443	identification card process.--
444	(1)  The Agency for Health Care Administration and the
445	Department of Highway Safety and Motor Vehicles shall develop
446	and implement a program encouraging and allowing persons to make
447	anatomical gifts as a part of the process of issuing
448	identification cards and issuing and renewing driver licenses.
449	The donor registration card distributed by the Department of
450	Highway Safety and Motor Vehicles shall include the information
451	required by the uniform donor card under s. 765.514 material
452	specified by s. 765.514(2)(b) and may require such additional
453	information, and include such additional material, as determined
454	may be deemed necessary by the that department. The department
455	of Highway Safety and Motor Vehicles shall also develop and
456	implement a program to identify donors, which includes program
457	shall include notations on identification cards, driver
458	licenses, and driver records or such other methods as the
459	department develops to may develop. This program shall include,
460	after an individual has completed a donor registration card,
461	making a notation on the front of the driver license or
462	identification card that clearly indicate indicates the
463	individual's intent to donate the individual's organs, tissues,
464	or eyes tissue. A notation on an individual's driver license or
465	identification card that the individual intends to donate
466	organs, or tissues, or eyes satisfies is deemed sufficient to
467	satisfy all requirements for consent to organ or tissue
468	donation. The Agency for Health Care Administration shall
469	provide the necessary supplies and forms from through funds
470	appropriated from general revenue or contributions from
471	interested voluntary, nonprofit organizations. The department of
472	Highway Safety and Motor Vehicles shall provide the necessary
473	recordkeeping system from through funds appropriated from
474	general revenue. The Department of Highway Safety and Motor
475	Vehicles and the Agency for Health Care Administration shall
476	incur no liability in connection with the performance of any
477	acts authorized herein.
478	Section 9.  Subsections (2) and (6) of section 765.522,
479	Florida Statutes, are amended to read:
480	765.522  Duty of certain hospital administrators; liability
481	of hospital administrators, organ procurement organizations, eye
482	banks, and tissue banks.--
483	(2)  Where, based on accepted medical standards, a hospital
484	patient is a suitable candidate for organ or tissue donation,
485	the hospital administrator or the hospital administrator's
486	designee shall, at or near the time of death, notify the
487	appropriate organ, eye, or tissue recovery program, which shall
488	access the organ and tissue donor registry created by s.
489	765.5155 s. 765.515(4) to ascertain the existence of an entry in
490	the registry that has not been revoked, a donor card, or a
491	document executed by the decedent. In the absence of an entry in
492	the donor registry, a donor card, organ donation sticker or
493	organ donation imprint on a driver's license, or other properly
494	executed document, the organ, eye, or tissue recovery program
495	hospital administrator or designee shall request:
496	(a)  The patient's health care surrogate, as authorized
497	permitted in s. 765.512(2); or
498	(b)  If the patient does not have a surrogate, or the
499	surrogate is not reasonably available, any of the persons
500	specified in s. 765.512(3), in the order and manner listed of
501	priority stated in s. 765.512(3),
502
503	to consent to the gift of all or any part of the decedent's body
504	for any purpose specified in this part. Except as provided in s.
505	765.512, in the absence of actual notice of opposition, consent
506	need only be obtained from the person or persons in the highest
507	priority class reasonably available.
508	(6)  The hospital administrator or a designee shall, at or
509	near the time of death of a potential organ donor, directly
510	notify the affiliated Health Care Financing Administration
511	designated organ procurement organization designated by the
512	United States Department of Health and Human Services of the
513	potential organ donor. This organ procurement organization must
514	offer any organ from such a donor first to patients on a
515	Florida-based local or state organ sharing transplant list. For
516	the purpose of this subsection, the term "transplant list"
517	includes certain categories of national or regional organ
518	sharing for patients of exceptional need or exceptional match,
519	as approved or mandated by the Organ Procurement and
520	Transplantation Network, or its agent United Network for Organ
521	Sharing. This notification may must not be made to a tissue bank
522	or eye bank in lieu of the organ procurement organization unless
523	the tissue bank or eye bank is also a Health Care Financing
524	Administration designated as an organ procurement organization
525	by the United States Department of Health and Human Services.
526	Section 10.  Sections 765.5215 and 765.5216, Florida
527	Statutes, are repealed.
528	Section 11.  This act shall take effect July 1, 2008.

CODING: Words stricken are deletions; words underlined are additions.