SENATE AMENDMENT
    Bill No. CS for SB 2750
    Amendment No. ___   Barcode 673620
                            CHAMBER ACTION
              Senate                               House
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       04/30/2003 06:44 PM         .                    
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11  Senator Smith moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 86, line 31,
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16  insert:  
17         Section 62.  This act may be cited as the "Nick Oelrich
18  Gift of Life Act."
19         Section 63.  Subsections (1), (2), and (6) of section
20  765.512, Florida Statutes, are amended to read:
21         765.512  Persons who may make an anatomical gift.--
22         (1)  Any person who may make a will may give all or
23  part of his or her body for any purpose specified in s.
24  765.510, the gift to take effect upon death.  An anatomical
25  gift made by an adult donor and not revoked by the donor as
26  provided in s. 765.516 is irrevocable and does not require the
27  consent or concurrence of any person after the donor's death.
28  A family member, guardian, representative ad litem, or health
29  care surrogate of an adult donor who has made an anatomical
30  gift may not modify, deny, or prevent the donor's wish or
31  intent to make an anatomical gift from being made after the
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    11:27 AM   04/29/03                             s2750c1c-14m0b

SENATE AMENDMENT Bill No. CS for SB 2750 Amendment No. ___ Barcode 673620 1 donor's death. 2 (2) If the decedent has executed an agreement 3 concerning an anatomical gift, by including signing an organ 4 and tissue donor card, by expressing his or her wish to donate 5 in a living will or advance directive, or by signifying his or 6 her intent to donate on his or her driver's license or in some 7 other written form has indicated his or her wish to make an 8 anatomical gift, and in the absence of actual notice of 9 contrary indications by the decedent, the document is evidence 10 of legally sufficient informed consent to donate an anatomical 11 gift and is legally binding. Any surrogate designated by the 12 decedent pursuant to part II of this chapter may give all or 13 any part of the decedent's body for any purpose specified in 14 s. 765.510. 15 (6) A gift of all or part of a body authorizes: 16 (a) Any examination necessary to assure medical 17 acceptability of the gift for the purposes intended. 18 (b) The decedent's medical provider, family, or a 19 third party to furnish medical records requested concerning 20 the decedent's medical and social history. 21 Section 64. Section 765.516, Florida Statutes, is 22 amended to read: 23 765.516 Amendment of the terms of or the revocation of 24 the gift.-- 25 (1) A donor may amend the terms of or revoke an 26 anatomical gift by: 27 (a) The execution and delivery to the donee of a 28 signed statement. 29 (b) An oral statement that is: 30 1. Made to the donor's spouse; or 31 2. made in the presence of two persons, one of whom 2 11:27 AM 04/29/03 s2750c1c-14m0b
SENATE AMENDMENT Bill No. CS for SB 2750 Amendment No. ___ Barcode 673620 1 may not be a family member, and communicated to the donor's 2 family or attorney or to the donee. 3 (c) A statement during a terminal illness or injury 4 addressed to an attending physician, who must communicate the 5 revocation of the gift to the procurement organization that is 6 certified by the state. 7 (d) A signed document found on or about the donor's 8 person or in the donor's effects. 9 (2) Any gift made by a will may also be amended or 10 revoked in the manner provided for amendment or revocation of 11 wills or as provided in subsection (1). 12 13 (Redesignate subsequent sections.) 14 15 16 ================ T I T L E A M E N D M E N T =============== 17 And the title is amended as follows: 18 On page 8, line 30, after the semicolon, 19 20 insert: 21 creating the "Nick Oelrich Gift of Life Act"; 22 amending s. 765.512, F.S., relating to 23 anatomical gifts; prohibiting modification of a 24 donor's intent; providing that a donor document 25 is legally binding; authorizing specified 26 persons to furnish a donor's medical records 27 upon request; amending s. 765.516, F.S.; 28 revising procedures by which the terms of an 29 anatomical gift may be amended or the gift may 30 be revoked; 31 3 11:27 AM 04/29/03 s2750c1c-14m0b