HOUSE AMENDMENT Bill No. HB 289 CS
1	CHAMBER ACTION
2	Senate House
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12	Representative Baxley offered the following:
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14	Amendment (with title amendment)
15	Remove everything after the enacting clause, and insert:
16	Section 1. This act may be cited as the “Nick Oelrich Gift
17	of Life Act.”
18	Section 2. Subsection 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 preservation,
22	transplantation of tissue, and tissue culture, and because it is
23	in the public interest to aid the medical developments in these
24	fields, the Legislature in enacting this part intends to
25	encourage and aid the development of reconstructive medicine and
26	surgery and the development of medical research by facilitating
27	premortem and postmortem authorizations for donations of tissue
28	and organs. It is the purpose of this part to regulate the gift
29	of a body or parts of a body, the gift to be made after the
30	death of a donor, giving due regard to the balance between the
31	rights of the donor and the donor’s family, and the need for
32	anatomical gifts.
33	Section 3. Subsection (3) of s. 765.5215, Florida
34	Statutes, is amended and subsection (5) is added to said section
35	to read:
36	765.5215 Education program relating to anatomical
37	gifts.--The Agency for Health Care Administration subject to the
38	concurrence of the Department of Highway Safety and Motor
39	Vehicles, shall develop a continuing program to educate and
40	inform medical professionals, law enforcement agencies and
41	officers, high school children, state and local government
42	employees, and the public regarding the laws of this state
43	relating to anatomical gifts and the need for anatomical gifts.
44	(3) The Agency for Health Care Administration shall, no
45	later than March 1 of each year, submit a report to the
46	Legislature containing statistical data on the effectiveness of
47	the program in procuring donor organs and the effect of the
48	program on state spending for health care. The report shall also
49	include statistical data regarding the number of family members
50	who attempt to modify, deny, or prevent a donor’s wish or intent
51	to make an anatomical gift from being accomplished after the
52	donor’s death and the number of anatomical gifts revoked
53	pursuant to s. 765.516, delineated by the following categories:
54	(a) The execution and delivery to the donee of a signed
55	statement.
56	(b) An oral statement that is:
57	1. Made to the donor’s spouse.
58	2. Made in the presence of two persons, and communicated
59	to the donor’s family or attorney or to the donee.
60	(c) A statement made during a terminal illness or injury
61	addressed to an attending physician, who must communicate the
62	revocation of the gift to the procurement organization that is
63	certified by the state.
64	(d) A signed document found on the donor’s person or in
65	the donor’s effects.
66	(5) The Agency for Health Care Administration shall
67	conduct a survey to determine whether making irrevocable the
68	donation of an anatomical gift would affect the number of
69	donations. The results of the survey shall be submitted to the
70	Legislature no later than March 1, 2004, in conjunction with the
71	report required by subsection (3).
72	Section 4. This act shall take effect July 1, 2003.
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75	================= T I T L E A M E N D M E N T =================
76	Remove the entire title, and insert:
77	A bill to be entitled
78	An act relating to anatomical gifts; creating the “Nick
79	Oelrich Gift of Life Act”; amending s. 765.510, F.S.;
80	relating to a legislative declaration; amending s.
81	765.5215, F.S.; requiring the Agency for Health Care
82	Administration to conduct a study and a survey relating to
83	anatomical gifts; providing for a report; providing an
84	effective date.