House Bill hb0239

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    Florida House of Representatives - 2002                 HB 239

        By Representative Hogan






  1                      A bill to be entitled

  2         An act relating to anatomical gifts; amending

  3         ss. 765.510. 765.512, 765.514, 765.516,

  4         765.517, F.S.; amending the declaration of

  5         legislative intent; prohibiting modification of

  6         a donor's intent; providing that a donor

  7         document is legally binding; providing certain

  8         implications of an anatomical gift; revising

  9         the manner of executing anatomical gifts;

10         revising rights and duties at death; revising

11         procedures by which the terms of an anatomical

12         gift may be amended or the gift may be revoked;

13         proscribing legal liability; providing an

14         effective date.

15

16  Be It Enacted by the Legislature of the State of Florida:

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18         Section 1.  Section 765.510, Florida Statutes, is

19  amended to read:

20         765.510  Legislative declaration.--Because of the rapid

21  medical progress in the fields of tissue and organ

22  preservation, transplantation of tissue, and tissue culture,

23  and because it is in the public interest to aid the medical

24  developments in the these fields of organ and tissue recovery

25  and transplantation, and in order to promote the general

26  welfare, save lives, and reduce sickness, pain, suffering,

27  disabilities, and medical costs of persons with organ and

28  tissue impairment, and to help alleviate the shortage of

29  organs and tissues available for transplantation and research,

30  the Legislature in enacting this part intends to encourage and

31  aid the development of reconstructive medicine and surgery and

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    Florida House of Representatives - 2002                 HB 239

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  1  the development of medical research by facilitating premortem

  2  and postmortem authorizations for donations of tissue and

  3  organs.  It is the purpose of this part to regulate the gift

  4  of a body or parts of a body, the gift to be made after the

  5  death of a donor.

  6         Section 2.  Subsections (1), (2), and (6) of section

  7  765.512, Florida Statutes, are amended to read:

  8         765.512  Persons who may make an anatomical gift.--

  9         (1)  Any person who may make a will may give all or

10  part of his or her body for any purpose specified in s.

11  765.510, the gift to take effect upon death.  An anatomical

12  gift made by an adult donor and not revoked by the donor as

13  provided in s. 765.516 is irrevocable and does not require the

14  consent or concurrence of any person after the donor's death.

15  A family member, guardian, representative ad litem, or health

16  care surrogate of a decedent who has made an anatomical gift

17  may not modify the decedent's wishes or deny or prevent the

18  anatomical gift from being made.

19         (2)  If the decedent has executed an agreement

20  concerning an anatomical gift, by including signing an organ

21  and tissue donor card, by expressing his or her wish to donate

22  in a living will or advance directive, or by signifying his or

23  her intent to donate on his or her driver's license or on a

24  signed organ donor sticker, or in some other written form has

25  indicated his or her wish to make an anatomical gift, and in

26  the absence of actual notice of contrary indications by the

27  decedent, the document is evidence of legally sufficient

28  informed consent to donate an anatomical gift, is legally

29  binding, and causes absolute ownership of the gift to vest

30  with the donee upon the death of the donor. Any surrogate

31  designated by the decedent pursuant to part II of this chapter

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    Florida House of Representatives - 2002                 HB 239

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  1  may give all or any part of the decedent's body for any

  2  purpose specified in s. 765.510.

  3         (6)  A gift of all or part of a body authorizes:

  4         (a)  Any examination necessary to assure medical

  5  acceptability of the gift for the purposes intended; and.

  6         (b)  Informational requests concerning the decedent's

  7  medical and social history to be directed to the decedent's

  8  family or to third parties.

  9         Section 3.  Subsection (2) of section 765.514, Florida

10  Statutes, is amended to read:

11         765.514  Manner of executing anatomical gifts.--

12         (2)(a)  A gift of all or part of the body under s.

13  765.512(1) may also be made by a document other than a will.

14  The gift becomes effective upon the death of the donor.  The

15  document must be signed by the donor, or, in the presence of

16  two witnesses who shall sign the document in the donor's

17  presence.  if the donor cannot sign, the document may be

18  signed for him or her at the donor's direction and in his or

19  her presence and the presence of two witnesses who must sign

20  the document in the donor's presence.  Delivery of the

21  document of gift during the donor's lifetime is not necessary

22  to make the gift valid.

23         (b)1.  The following form of written instrument shall

24  be sufficient for any person to give all or part of his or her

25  body for the purposes of this part:

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27                        UNIFORM DONOR CARD

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29  The undersigned hereby makes this anatomical gift, if

30  medically acceptable, to take effect on death.  The words and

31  marks below indicate my desires:

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  1  I give:

  2         (a)  .... any needed organs or parts;

  3         (b)  .... only the following organs or parts

  4             ...[Specify the organ(s) or part(s)]...

  5  for the purpose of transplantation, therapy, medical research,

  6  or education;

  7         (c)  .... my body for anatomical study if needed.

  8  Limitations or special wishes, if any:

  9            ...(If applicable, list specific donee)...

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11  Signed by the donor and the following witnesses in the

12  presence of each other:

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14  ...(Signature of donor)...      ...(Date of birth of donor)...

15  ...(Date signed)...                     ...(City and State)...

16

17  [Witnesses are required only if the donor is unable to sign

18  and this donor card is signed by proxy.]

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20  ...(Witness)...                                ...(Witness)...

21  ...(Address)...                                ...(Address)...

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23         2.  An organ-donor sticker with a signature line is

24  sufficient as a document of anatomical gift if it is signed by

25  the donor. Such a sticker must be designed for peel-off and

26  application upon a charge card or other item that is usually

27  carried on the person. An organ-donor sticker may include such

28  other information as the federally licensed Florida organ

29  procurement organizations from time to time consider necessary

30  for facilitating simple and easy public promotion and sign-up

31  for the purposes of this chapter.

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    Florida House of Representatives - 2002                 HB 239

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  1         Section 4.  Section 765.516, Florida Statutes, is

  2  amended to read:

  3         765.516  Amendment of the terms of or the revocation of

  4  the gift.--

  5         (1)  A donor may amend the terms of or revoke an

  6  anatomical gift by:

  7         (a)  The execution and delivery to the donee of a

  8  signed statement.

  9         (b)  An oral statement that is:

10         1.  Made to the donor's spouse; or

11         2.  Made in the presence of two persons and

12  communicated to the donor's family or attorney or to the

13  donee.

14         (b)(c)  A statement during a terminal illness or injury

15  addressed to an attending physician, who must communicate the

16  revocation of the gift to the procurement organization that is

17  certified by the state.

18         (c)(d)  A signed document found on or about the donor's

19  person or in the donor's effects.

20         (2)  The terms of any gift made by a will may also be

21  amended or the gift may be revoked in the manner provided for

22  the amendment or revocation of wills or as provided in

23  subsection (1).

24         Section 5.  Subsections (1) and (5) of section 765.517,

25  Florida Statutes, are amended to read:

26         765.517  Rights and duties at death.--

27         (1)  The donee, as specified under the provisions of s.

28  765.515(2), may accept or reject the gift. If the donee

29  accepts a gift of the entire body or a part of the body to be

30  used for scientific purposes other than a transplant, the

31  donee may authorize embalming and the use of the body in

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    Florida House of Representatives - 2002                 HB 239

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  1  funeral services, subject to the terms of the gift.  If the

  2  gift is of a part of the body, the donee shall cause the part

  3  to be removed without unnecessary mutilation upon the death of

  4  the donor and before or after embalming.  Any mutilation of

  5  the hands, neck, or head is strictly prohibited, unless

  6  consent to waive this prohibition is given by a member of one

  7  of the classes of persons listed in s. 765.512(3) in

  8  accordance with the protocol set forth in that subsection.

  9  After removal of the part, custody of the remainder of the

10  body vests in the surviving spouse, next of kin, or other

11  persons under obligation to dispose of the body.

12         (5)  A person or entity that who acts or attempts to

13  act in good faith and without negligence in accordance accord

14  with the terms of this part or under the anatomical gift laws

15  of another state or a foreign country is not liable for

16  damages in any civil action or subject to prosecution for his

17  or her acts in any criminal proceeding. Neither an individual

18  who makes an anatomical gift nor the individual's estate is

19  liable for any injury or damage that results from the making

20  or the use of the anatomical gift.

21         Section 6.  This act shall take effect upon becoming a

22  law.

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    Florida House of Representatives - 2002                 HB 239

    768-115B-02






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  2                          SENATE SUMMARY

  3    Revises the prescribed manner of executing anatomical
      gifts. Amends the legislative declaration of intent.
  4    Provides that a decedent's family member, guardian,
      representative ad litem, or health care surrogate may not
  5    modify the decedent's wishes regarding an anatomical gift
      nor deny or prevent the decedent's making an anatomical
  6    gift. Provides that any of the specified documents
      pertaining to anatomical gifts is legally binding.
  7    Provides that the making of an anatomical gift authorizes
      certain informational requests to be directed to the
  8    decedent's family or to third parties. Deletes the
      requirement for witnesses unless a proxy, rather than the
  9    donor, signs a uniform donor card. Provides for the
      format and contents of organ-donor cards. Provides that a
10    signature line signed by the donor is the only
      requirement for a document of anatomical gift. Prohibits
11    mutilation of the hands, neck, or head of a donated body
      except with express consent as specified. Revises
12    procedures by which the terms of an anatomical gift may
      be amended or the gift may be revoked. Provides that
13    neither a person who makes an anatomical gift nor his or
      her estate has any legal liability for any injury or
14    damage resulting from the making or use of the gift.

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