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