The Florida Senate

765.517  Rights and duties at death.--

(1)  The donee, as specified under the provisions of s. 765.515(2), may accept or reject the gift. If the donee accepts a gift of the entire body or a part of the body to be used for scientific purposes other than a transplant, the donee may authorize embalming and the use of the body in funeral services, subject to the terms of the gift. If the gift is of a part of the body, the donee shall cause the part to be removed without unnecessary mutilation upon the death of the donor and before or after embalming. After removal of the part, custody of the remainder of the body vests in the surviving spouse, next of kin, or other persons under obligation to dispose of the body.

(2)  The time of death shall be determined by a physician who attends the donor at the donor's death or, if there is no such physician, the physician who certifies the death. After death and in the absence of other qualified personnel, this physician may participate in, but shall not obstruct, the procedures to preserve the donor's organs or tissues and shall not be paid or reimbursed by, nor be associated with or employed by, an organ procurement organization, tissue bank, or eye bank. This physician shall not participate in the procedures for removing or transplanting a part.

(3)  The organ procurement organization, tissue bank, or eye bank, or hospital medical professionals under the direction thereof, may perform any and all tests to evaluate the deceased as a potential donor and any invasive procedures on the deceased body in order to preserve the potential donor's organs. These procedures do not include the surgical removal of an organ or penetrating any body cavity, specifically for the purpose of donation, until a properly executed donor card or document is located or, if a properly executed donor card or document cannot be located, a person specified in s. 765.512(3) has been located, has been notified of the death, and has granted legal permission for the donation.

(4)  All reasonable additional expenses incurred in the procedures to preserve the donor's organs or tissues shall be reimbursed by the organ procurement organization, tissue bank, or eye bank.

(5)  A person who acts in good faith and without negligence in accord with the terms of this part or under the anatomical gift laws of another state or a foreign country is not liable for damages in any civil action or subject to prosecution for his or her acts in any criminal proceeding.

(6)  The provisions of this part are subject to the laws of this state prescribing powers and duties with respect to autopsies.

History.--s. 1, ch. 74-106; s. 45, ch. 75-220; s. 4, ch. 83-171; s. 9, ch. 95-423; s. 978, ch. 97-102; s. 14, ch. 99-331; s. 67, ch. 2001-226.

Note.--Created from former s. 736.28; s. 732.917.