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Senate Bill 0304

Florida Senate - 1998 SB 304 By Senator Childers 1-87A-98 1 A bill to be entitled 2 An act relating to organ and tissue donation; 3 amending ss. 320.08047, 322.08, 381.6024, F.S.; 4 authorizing the use of certain funds for 5 maintaining the organ and tissue donor 6 registry; revising annual assessments on 7 certain organ procurement organizations, tissue 8 banks, and eye banks; amending s. 732.911, 9 F.S.; providing definitions; amending ss. 10 732.912, 732.914, F.S.; clarifying who may make 11 an anatomical gift in the absence of a 12 declaration by a decedent; amending s. 732.913, 13 F.S.; specifying that entities as well as 14 persons may become donees of anatomical gifts; 15 amending s. 732.915, F.S.; repealing an annual 16 assessment on organ procurement organizations, 17 tissue banks, and eye banks; amending s. 18 732.916, F.S.; revising procedures for amending 19 or revoking an anatomical gift, amending s. 20 732.9216, F.S.; adding a cross-reference; 21 amending s. 732.922, F.S.; providing a 22 limitation in civil or criminal liability for 23 organ procurement organizations, eye banks, 24 tissue banks, hospitals, and hospital 25 administrators or their designees; providing 26 additional duties for the hospital 27 administrator or his designee and for organ 28 procurement organizations; providing 29 severability; providing effective dates. 30 31 Be It Enacted by the Legislature of the State of Florida: 1 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 304 1-87A-98 1 Section 1. Section 320.08047, Florida Statutes, is 2 amended to read: 3 320.08047 Voluntary contribution for organ and tissue 4 donor education.--As a part of the collection process for 5 license taxes as specified in s. 320.08, individuals shall be 6 permitted to make a voluntary contribution of $1, which 7 contribution shall be deposited into the Florida Organ and 8 Tissue Donor Education and Procurement Trust Fund for organ 9 and tissue donor education and for maintaining the organ and 10 tissue donor registry. 11 Section 2. Paragraph (b) of subsection (7) of section 12 322.08, Florida Statutes, is amended to read: 13 322.08 Application for license.-- 14 (7) The application form for a driver's license or 15 duplicate thereof shall include language permitting the 16 following: 17 (b) A voluntary contribution of $1 per applicant, 18 which contribution shall be deposited into the Florida Organ 19 and Tissue Donor Education and Procurement Trust Fund for 20 organ and tissue donor education and for maintaining the organ 21 and tissue donor registry. 22 23 A statement providing an explanation of the purpose of the 24 trust funds shall also be included. 25 Section 3. Subsection (2) and paragraph (b) of 26 subsection (4) of section 381.6024, Florida Statutes, are 27 amended to read: 28 381.6024 Fees; Florida Organ and Tissue Donor 29 Education and Procurement Trust Fund.-- 30 (2) The Agency for Health Care Administration shall 31 assess annual fees to be used, in the following order of 2 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 304 1-87A-98 1 priority, for the certification program, and the advisory 2 board, maintenance of the organ and tissue donor registry, and 3 the organ and tissue donor education program in the following 4 amounts, which may not exceed $35,000 per organization: 5 (a) Each general organ procurement organization shall 6 pay the greater of $1,000 or 0.5 percent of its total revenues 7 produced from procurement activity in this state by the 8 certificateholder during its most recently completed fiscal 9 year or operational year. 10 (b) Each bone and tissue procurement agency or bone 11 and tissue bank shall pay the greater of $1,000 or 0.5 percent 12 of its total revenues from procurement and processing activity 13 in this state by the certificateholder during its most 14 recently completed fiscal year or operational year. 15 (c) Each eye bank shall pay the greater of $500 or 0.5 16 percent of its total revenues produced from procurement 17 activity in this state by the certificateholder during its 18 most recently completed fiscal year or operational year. 19 (4) 20 (b) Moneys deposited in the trust fund pursuant to 21 this section must be used exclusively for the implementation, 22 administration, and operation of the certification program and 23 the advisory board, for maintaining the organ and tissue donor 24 registry, and for organ and tissue donor education. 25 Section 4. Effective July 1, 1999, subsection (2) of 26 section 381.6024, Florida Statutes, as amended by this act, is 27 amended to read: 28 381.6024 Fees; Florida Organ and Tissue Donor 29 Education and Procurement Trust Fund.-- 30 (2) The Agency for Health Care Administration shall 31 assess annual fees to be used, in the following order of 3 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 304 1-87A-98 1 priority, for the certification program, the advisory board, 2 maintenance of the organ and tissue donor registry, and the 3 organ and tissue donor education program in the following 4 amounts, which may not exceed $35,000 per organization: 5 (a) Each general organ procurement organization shall 6 pay the greater of $1,000 or 0.25 0.5 percent of its total 7 revenues produced from procurement activity in this state by 8 the certificateholder during its most recently completed 9 fiscal year or operational year. 10 (b) Each bone and tissue procurement agency or bone 11 and tissue bank shall pay the greater of $1,000 or 0.25 0.5 12 percent of its total revenues from procurement and processing 13 activity in this state by the certificateholder during its 14 most recently completed fiscal year or operational year. 15 (c) Each eye bank shall pay the greater of $500 or 16 0.25 0.5 percent of its total revenues produced from 17 procurement activity in this state by the certificateholder 18 during its most recently completed fiscal year or operational 19 year. 20 Section 5. Section 732.911, Florida Statutes, is 21 amended to read: 22 732.911 Definitions.--As used in For the purpose of 23 this part, the term: 24 (1) "Bank" or "storage facility" means a facility 25 licensed, accredited, or approved under the laws of any state 26 for storage of human bodies or parts thereof. 27 (2) "Death" means the absence of life as determined, 28 in accordance with currently accepted medical standards, by 29 the irreversible cessation of all respiration and circulatory 30 function, or as determined, in accordance with s. 382.009, by 31 4 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 304 1-87A-98 1 the irreversible cessation of the functions of the entire 2 brain, including the brain stem. 3 (3)(2) "Donor" means an individual who makes a gift of 4 all or part of his or her body. 5 (4)(3) "Hospital" means a hospital licensed, 6 accredited, or approved under the laws of any state and 7 includes a hospital operated by the United States Government 8 or a state, or a subdivision thereof, although not required to 9 be licensed under state laws. 10 (5)(4) "Physician" or "surgeon" means a physician or 11 surgeon licensed to practice under chapter 458 or chapter 459 12 or similar laws of any state. "Surgeon" includes dental or 13 oral surgeon. 14 Section 6. Section 732.912, Florida Statutes, is 15 amended to read: 16 732.912 Persons who may make an anatomical gift.-- 17 (1) Any person who may make a will may give all or 18 part of his or her body for any purpose specified in s. 19 732.910, the gift to take effect upon death. An anatomical 20 gift made by an adult donor and not revoked by the donor as 21 provided in s. 732.916 is irrevocable and does not require the 22 consent or concurrence of any person after the donor's death. 23 (2) If the decedent has not executed an agreement 24 concerning an anatomical gift, a member of one of the classes 25 of persons listed below, in the order of priority stated and 26 in the absence of actual notice of contrary indications by the 27 decedent or actual notice of opposition by a member of the 28 same or a prior class, any of the following persons may give 29 all or any part of the decedent's body for any purpose 30 specified in s. 732.910: 31 (a) The spouse of the decedent; 5 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 304 1-87A-98 1 (b) An adult son or daughter of the decedent; 2 (c) Either parent of the decedent; 3 (d) An adult brother or sister of the decedent; 4 (e) A grandparent of the decedent; 5 (f) A guardian of the person of the decedent at the 6 time of his or her death; or 7 (g) A representative ad litem who shall be appointed 8 by a court of competent jurisdiction forthwith upon a petition 9 heard ex parte filed by any person, which representative ad 10 litem shall ascertain that no person of higher priority exists 11 who objects to the gift of all or any part of the decedent's 12 body and that no evidence exists of the decedent's having made 13 a communication expressing a desire that his or her body or 14 body parts not be donated upon death; 15 16 but no gift shall be made by the spouse if any adult son or 17 daughter objects, and provided that those of higher priority, 18 if they are reasonably available, have been contacted and made 19 aware of the proposed gift, and further provided that a 20 reasonable search is made to show that there would have been 21 no objection on religious grounds by the decedent. 22 (3) If the donee has actual notice of contrary 23 indications by the decedent or, in the case of a spouse making 24 the gift, an objection of an adult son or daughter or actual 25 notice that a gift by a member of a class is opposed by a 26 member of the same or a prior class, the donee shall not 27 accept the gift. 28 (4) The person authorized by subsection (2) may make 29 the gift after the decedent's death or immediately before the 30 decedent's death. 31 6 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 304 1-87A-98 1 (5) A gift of all or part of a body authorizes any 2 examination necessary to assure medical acceptability of the 3 gift for the purposes intended. 4 (6) Once the gift has been made, the rights of the 5 donee created by the gift are paramount to the rights of 6 others, except as provided by s. 732.917. 7 Section 7. Section 732.913, Florida Statutes, is 8 amended to read: 9 732.913 Persons and entities that who may become 10 donees; purposes for which anatomical gifts may be made.--The 11 following persons or entities may become donees of gifts of 12 bodies or parts of them for the purposes stated: 13 (1) Any hospital, surgeon, or physician for medical or 14 dental education or research, advancement of medical or dental 15 science, therapy, or transplantation. 16 (2) Any accredited medical or dental school, college, 17 or university for education, research, advancement of medical 18 or dental science, or therapy. 19 (3) Any bank or storage facility for medical or dental 20 education, research, advancement of medical or dental science, 21 therapy, or transplantation. 22 (4) Any individual specified by name for therapy or 23 transplantation needed by him or her. 24 25 However, the Legislature declares that the public policy of 26 this state prohibits restrictions on the possible recipients 27 of an anatomical gift on the basis of race, color, religion, 28 sex, national origin, age, physical handicap, health status, 29 marital status, or economic status, and such restrictions are 30 hereby declared void and unenforceable. 31 7 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 304 1-87A-98 1 Section 8. Subsection (5) of section 732.914, Florida 2 Statutes, is amended to read: 3 732.914 Manner of executing anatomical gifts.-- 4 (5) Any gift by a member of a class person designated 5 in s. 732.912(2) must shall be made by a document signed by 6 that person or made by that person's witnessed telephonic 7 discussion, telegraphic message, or other recorded message. 8 Section 9. Subsection (4) of section 732.915, Florida 9 Statutes, is amended to read: 10 732.915 Delivery of document; organ and tissue donor 11 registry.-- 12 (4) The Agency for Health Care Administration and the 13 Department of Highway Safety and Motor Vehicles shall develop 14 and implement an organ and tissue donor registry which shall 15 record, through electronic means, organ and tissue donation 16 documents submitted through the driver license identification 17 program or by other sources. The registry shall be maintained 18 in a manner which will allow, through electronic and 19 telephonic methods, immediate access to organ and tissue 20 donation documents 24 hours a day, 7 days a week. Hospitals, 21 organ and tissue procurement agencies, and other parties 22 identified by the agency by rule shall be allowed access 23 through coded means to the information stored in the registry. 24 Costs for the organ and tissue donor registry shall be paid 25 from the Florida Organ and Tissue Donor Education and 26 Procurement Trust Fund created by s. 732.92155. Funds 27 deposited into the Florida Organ and Tissue Donor Education 28 and Procurement Trust Fund pursuant to this section shall be 29 utilized by the Agency for Health Care Administration for 30 maintaining the organ and tissue donor registry and for organ 31 and tissue donor education. The Agency for Health Care 8 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 304 1-87A-98 1 Administration shall levy an annual assessment against each 2 registered organ procurement organization, tissue bank, and 3 eye bank, based on the methodology set out in s. 381.6024 for 4 the purpose of maintaining the organ and tissue donor 5 registry. The combined total assessments levied upon all 6 organ procurement organizations, tissue banks, and eye banks 7 shall not exceed $30,000 annually. 8 Section 10. Section 732.916, Florida Statutes, is 9 amended to read: 10 732.916 Amendment or revocation of the gift.-- 11 (1) A If the will or other document authorized under 12 the provisions of s. 732.915(2) has been delivered to a 13 specified donee, the donor may amend or revoke an anatomical 14 the gift by: 15 (a) The execution and delivery to the donee of a 16 signed statement. 17 (b) An oral statement that is: 18 1. Made to the donor's spouse; or 19 2. Made in the presence of two persons and 20 communicated to the donor's family or attorney or to the 21 donee. 22 (c) A statement during a terminal illness or injury 23 addressed to an attending physician, who must communicate the 24 revocation of the gift to the procurement organization that is 25 certified by the state and communicated to the donee. 26 (d) A signed document found on the donor's person or 27 in the donor's effects. 28 (2) A document of gift that has not been delivered to 29 the donee may be revoked by the donor in the manner set out in 30 subsection (1) or by destruction, cancellation, or mutilation 31 of the document. 9 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 304 1-87A-98 1 (2)(3) Any gift made by a will may also be amended or 2 revoked in the manner provided for amendment or revocation of 3 wills or as provided in subsection (1). 4 Section 11. Subsection (1) of section 732.9216, 5 Florida Statutes, is amended to read: 6 732.9216 Organ and tissue donor education panel.-- 7 (1) The Legislature recognizes that there exists in 8 the state a shortage of organ and tissue donors to provide the 9 organs and tissue that could save lives or enhance the quality 10 of life for many Floridians. The Legislature further 11 recognizes the need to encourage the various minority 12 populations of Florida to donate organs and tissue. It is the 13 intent of the Legislature that the funds collected pursuant to 14 ss. 320.08047 and s. 322.08(7)(b) be used exclusively for 15 educational purposes aimed at increasing the number of organ 16 and tissue donors, thus affording more Floridians who are 17 awaiting organ or tissue transplants the opportunity for a 18 full and productive life. 19 Section 12. Section 732.922, Florida Statutes, is 20 amended to read: 21 732.922 Duty of certain hospital administrators; 22 liability of hospital administrators, organ procurement 23 organizations, eye banks, and tissue banks.-- 24 (1) When used in this section, "hospital" means any 25 establishment licensed under chapter 395 except psychiatric 26 and rehabilitation hospitals. 27 (2) Where, based on accepted medical standards, a 28 hospital patient is a suitable candidate for organ or tissue 29 donation, the hospital administrator or the hospital 30 administrator's designee shall, at or near the time of death, 31 access the organ and tissue donor registry created by s. 10 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 304 1-87A-98 1 732.915(4) to ascertain the existence of a donor card or 2 document executed by the decedent. In the absence of a donor 3 card, organ donation sticker or organ donation imprint on a 4 driver's license, or other properly executed or document, the 5 hospital administrator or designee shall request any of the 6 persons specified in s. 732.912, in the order and manner of 7 priority stated in s. 732.912, to consent to the gift of all 8 or any part of the decedent's body for any purpose specified 9 in this part. Except as provided in s. 732.912, in the 10 absence of actual notice of opposition, consent or refusal 11 need only be obtained from the person or persons in the 12 highest priority class reasonably available. 13 (3) A gift made pursuant to a request required by this 14 section shall be executed pursuant to s. 732.914. 15 (4) The Agency for Health Care Administration shall 16 establish rules and guidelines concerning the education of 17 individuals who may be designated to perform the request and 18 the procedures to be used in making the request. The agency 19 is authorized to adopt rules concerning the documentation of 20 the request, where such request is made. 21 (5) There shall be no civil or criminal liability 22 against any organ procurement organization, eye bank, or 23 tissue bank certified under s. 381.6022, or against any 24 hospital or hospital administrator or designee, when complying 25 with the provisions of this part and the rules of the Agency 26 for Health Care Administration or when, in the exercise of 27 reasonable care, a request for organ donation is inappropriate 28 and the gift is not made according to this part and the rules 29 of the Agency for Health Care Administration. No recovery 30 shall be allowed nor shall civil or criminal proceedings be 31 instituted in any court in this state against the licensed 11 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 304 1-87A-98 1 hospital or the hospital administrator or the hospital 2 administrator's designee when, in his or her best judgment, he 3 or she deems such a request for organ donation to be 4 inappropriate according to the procedures established by the 5 Agency for Health Care Administration, or he or she has made 6 every reasonable effort to comply with the provisions of this 7 section. 8 (6) The hospital administrator or a designee shall, at 9 or near the time of death of a potential organ donor, directly 10 notify the affiliated Health Care Financing Administration 11 designated organ procurement organization of the potential 12 organ donor. This organ procurement organization must offer 13 any organ from such a donor first to patients on a 14 Florida-based local or state organ sharing transplant list. 15 For the purpose of this subsection, the term "transplant list" 16 includes certain categories of national or regional organ 17 sharing for patients of exceptional need or exceptional match, 18 as approved or mandated by the United Network for Organ 19 Sharing. This notification must not be made to a tissue bank 20 or eye bank in lieu of the organ procurement organization 21 unless the tissue bank or eye bank is also a 22 Health-Care-Financing-Administration-designated organ 23 procurement organization. 24 Section 13. If any provision of this act or the 25 application thereof to any person or circumstance is held 26 invalid, the invalidity shall not affect other provisions or 27 applications of the act which can be given effect without the 28 invalid provision or application, and to this end the 29 provisions of this act are declared severable. 30 Section 14. Except as otherwise provided in this act, 31 this act shall take effect upon becoming a law. 12 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 304 1-87A-98 1 ***************************************** 2 SENATE SUMMARY 3 Revises provisions relating to organ and tissue donation. Defines the term "death." Specifies who may make an 4 anatomical gift in the absence of a declaration by a decedent. Provides that entities as well as individuals 5 may donate anatomical gifts. Clarifies who must comply with certain procedures. Amends procedures for revoking 6 an anatomical gift. Specifies the duties of organ procurement organizations, eye banks, and tissue banks. 7 Defines the term "organ procurement organization." Modifies the duties of a hospital administrator or the 8 administrator's designee and organ procurement organizations with regard to organ procurement 9 activities. Limits the civil or criminal liability of organ procurement organizations, eye banks, tissue banks, 10 hospitals, and hospital administrators or their designees. Authorizes the use of certain trust fund 11 revenue for establishing an organ donor registry and for donor education, and amends trust fund sources to reflect 12 this authority. Reduces procurement agency assessments. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 13