HB 0289 2003
1	CHAMBER ACTION
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6	The Committee on Health Care recommends the following:
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8	Committee Substitute
9	Remove the entire bill and insert:
10	A bill to be entitled
11	An act relating to anatomical gifts; creating the "Nick
12	Oelrich Gift of Life Act"; amending s. 765.512, F.S.,
13	relating to anatomical gifts; prohibiting modification of
14	a donor's intent; providing that a donor document is
15	legally binding; authorizing specified persons to furnish
16	a donor's medical records upon request; amending s.
17	765.516, F.S.; revising procedures by which the terms of
18	an anatomical gift may be amended or the gift may be
19	revoked; providing an effective date.
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21	Be It Enacted by the Legislature of the State of Florida:
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23	Section 1. This act may be cited as the "Nick Oelrich Gift
24	of Life Act."
25	Section 2. Subsections (1), (2), and (6) of section
26	765.512, Florida Statutes, are amended to read:
27	765.512 Persons who may make an anatomical gift.--
28	(1) Any person who may make a will may give all or part of
29	his or her body for any purpose specified in s. 765.510, the
30	gift to take effect upon death. An anatomical gift made by an
31	adult donor and not revoked by the donor as provided in s.
32	765.516 is irrevocable and does not require the consent or
33	concurrence of any person after the donor's death. A family
34	member, guardian, representative ad litem, or health care
35	surrogate of an adult donor who has made an anatomical gift
36	pursuant to subsection (2) may not modify, deny, or prevent a
37	donor’s wish or intent to make an anatomical gift from being
38	accomplished after the donor’s death.
39	(2) If the decedent has executed an agreement concerning
40	an anatomical gift, byincludingsigning an organ and tissue
41	donor card, byexpressing his or her wish to donate in a living
42	will or advance directive, or bysignifying his or her intent to
43	donate on his or her driver's license or in some other written
44	form has indicated his or her wish to make an anatomical gift,
45	and in the absence of actual notice of contrary indications by
46	the decedent, the document is evidence of legally sufficient
47	informed consent to donate an anatomical gift and is legally
48	binding. Anysurrogate designated by the decedent pursuant to
49	part II of this chapter may give all or any part of the
50	decedent's body for any purpose specified in s. 765.510.
51	(6) A gift of all or part of a body authorizes:
52	(a)Any examination necessary to assure medical
53	acceptability of the gift for the purposes intended.
54	(b) The decedent's medical provider, family, or a third
55	party to furnish medical records requested concerning the
56	decedent's medical and social history.
57	Section 3. Section 765.516, Florida Statutes, is amended
58	to read:
59	765.516 Amendment of the terms of or therevocation of the
60	gift.--
61	(1) A donor may amend the terms ofor revoke an anatomical
62	gift by:
63	(a) The execution and delivery to the donee of a signed
64	statement.
65	(b) An oral statement that is:
66	1. Made to the donor's spouse; or
67	2. made in the presence of two persons, one of whom must
68	not be a family member,and communicated to the donor's family
69	or attorney or to the donee.
70	(c) A statement during a terminal illness or injury
71	addressed to an attending physician, who must communicate the
72	revocation of the gift to the procurement organization that is
73	certified by the state.
74	(d) A signed document found on or about the donor's person
75	or in the donor's effects.
76	(2) Any gift made by a will may also be amended or revoked
77	in the manner provided for amendment or revocation of wills or
78	as provided in subsection (1).
79	Section 4. This act shall take effect July 1, 2003.