1 | A bill to be entitled |
2 | An act relating to organ and tissue donation; providing |
3 | findings and intent; amending s. 765.511, F.S.; providing |
4 | a definition; amending s. 765.512, F.S.; providing for |
5 | donation by joining a donor registry; providing for |
6 | validity of a designation of intent to donate by an |
7 | unemancipated minor upon the minor's attaining majority; |
8 | conforming provisions; amending s. 765.514, F.S.; |
9 | providing for authorization of anatomical donations by |
10 | notations on a driver's license or identification card; |
11 | providing for effect on authorization of license |
12 | revocation, suspension, expiration, or cancellation; |
13 | providing for authorization of anatomical donation by |
14 | inclusion on a donor registry; providing for authorization |
15 | of donation through online access to registry; providing |
16 | for rulemaking; revising the uniform donor card; amending |
17 | s. 765.515, F.S.; revising provisions relating to |
18 | communication of specified information to the donor |
19 | registry; providing for administration of the donor |
20 | registry by a specified nonprofit corporation rather than |
21 | by a state agency; revising provisions relating to |
22 | registry administration; requiring an annual report; |
23 | providing for verification of certain online entries; |
24 | providing for voluntary contributions to the registry; |
25 | revising provisions relating to payment of costs of the |
26 | registry; providing for expiration of specified |
27 | transitional provisions; providing for provision of |
28 | current registry information to the Florida Coalition on |
29 | Donation; amending s. 765.516, F.S.; authorizing |
30 | revocation of anatomical gift by a donor through removal |
31 | of his or her name from the donor registry; amending s. |
32 | 765.517, F.S.; revising provisions relating to |
33 | verification of a donor's consent at death; creating s. |
34 | 765.5201, F.S.; providing legislative findings concerning |
35 | the Florida Coalition on Donation; providing for |
36 | application of public meetings requirements to certain |
37 | meetings of the coalition; amending s. 765.521, F.S.; |
38 | revising provisions relating to authorization of donations |
39 | as a part of the driver license or identification card |
40 | process; amending s. 765.5215, F.S.; revising provisions |
41 | relating to anatomical gift education programs; amending |
42 | s. 765.52155, F.S.; redesignating the Florida Organ and |
43 | Tissue Donor Education and Procurement Trust Fund as the |
44 | Florida Organ and Tissue Procurement Trust Fund; repealing |
45 | s. 765.5216, F.S., relating to the organ and tissue donor |
46 | education panel; amending s. 765.522, F.S.; revising |
47 | duties of hospital administrators at or near the time of |
48 | death of persons who are suitable candidates for organ or |
49 | tissue donation; providing specified immunity to the |
50 | Florida Coalition on Donation; revising authority for |
51 | designation of organ procurement organizations; amending |
52 | s. 765.544, F.S.; revising provisions relating to the use |
53 | of the Florida Organ and Tissue Procurement Trust Fund; |
54 | providing for use of specified funds for certain |
55 | transitional and notification purposes; providing for |
56 | expiration of specified provisions; amending s. 215.20, |
57 | F.S.; conforming provisions to the redesignation of the |
58 | Florida Organ and Tissue Donor Education and Procurement |
59 | Trust Fund as the Florida Organ and Tissue Procurement |
60 | Trust Fund; amending ss. 320.08047 and 322.08, F.S.; |
61 | revising distribution of specified voluntary contributions |
62 | for organ and tissue donor education; providing an |
63 | effective date. |
64 |
|
65 | Be It Enacted by the Legislature of the State of Florida: |
66 |
|
67 | Section 1. (1) The Legislature finds that: |
68 | (a) There exists in the state a shortage of organ and |
69 | tissue donors to provide the organs and tissue that could save |
70 | lives or enhance the quality of life for many Floridians. |
71 | (b) There is a need to encourage the various minority |
72 | populations of Florida to donate organs and tissue. |
73 | (c) An enhanced program of donor education coupled with an |
74 | online registration process developed and implemented by a |
75 | private not-for-profit entity in cooperation with the Department |
76 | of Highway Safety and Motor Vehicles that will report its |
77 | results to the Agency for Health Care Administration and the |
78 | Legislature will lead to an increase in the number of organ and |
79 | tissue donors registered in Florida. |
80 | (d) The Florida Coalition on Donation has been established |
81 | as a not-for-profit entity by the Florida organ procurement |
82 | organizations designated by the United States Department of |
83 | Health and Human Services and Florida tissue banks and eye |
84 | banks, all certified by the Agency for Health Care |
85 | Administration. |
86 | (2) It is the intent of the Legislature that the funds |
87 | collected pursuant to ss. 320.08047 and 322.08(6)(b), Florida |
88 | Statutes, be used to maintain the donor registry and for |
89 | educational purposes aimed at increasing the number of organ and |
90 | tissue donors, thus affording more Floridians who are awaiting |
91 | organ or tissue transplants the opportunity for a full and |
92 | productive life. |
93 | Section 2. Subsections (4) and (5) of section 765.511, |
94 | Florida Statutes, are renumbered as subsections (5) and (6), |
95 | respectively, and a new subsection (4) is added to that section |
96 | to read: |
97 | 765.511 Definitions.--As used in this part, the term: |
98 | (4) "Florida Coalition on Donation" or "coalition" means |
99 | the Florida Coalition on Donation, Inc., a not-for-profit |
100 | corporation. |
101 | Section 3. Subsections (2) and (3) of section 765.512, |
102 | Florida Statutes, are amended to read: |
103 | 765.512 Persons who may make an anatomical gift.-- |
104 | (2) If the decedent has executed an agreement concerning |
105 | an anatomical gift, by signing an organ and tissue donor card, |
106 | by joining the organ donor registry, by expressing his or her |
107 | wish to donate in a living will or advance directive, or by |
108 | signifying his or her intent to donate on his or her driver's |
109 | license or identification card or in some other written form has |
110 | indicated his or her wish to make an anatomical gift, and in the |
111 | absence of actual notice of contrary indications by the |
112 | decedent, the document is evidence of legally sufficient |
113 | informed consent to donate an anatomical gift and is legally |
114 | binding. If an unemancipated minor designates his or her intent |
115 | to donate on his or her driver's license or identification card, |
116 | the designation shall have the same effect as if it had been |
117 | made by an adult once he or she attains the age of majority. Any |
118 | surrogate designated by the decedent pursuant to part II of this |
119 | chapter may give all or any part of the decedent's body for any |
120 | purpose specified in s. 765.510. |
121 | (3) If the decedent has not executed an agreement |
122 | concerning an anatomical gift, is not included in the donor |
123 | registry, or has not designated a surrogate pursuant to part II |
124 | of this chapter to make an anatomical gift pursuant to the |
125 | conditions of subsection (2), a member of one of the classes of |
126 | persons listed below, in the order of priority stated and in the |
127 | absence of actual notice of contrary indications by the decedent |
128 | or actual notice of opposition by a member of the same or a |
129 | prior class, may give all or any part of the decedent's body for |
130 | any purpose specified in s. 765.510: |
131 | (a) The spouse of the decedent; |
132 | (b) An adult son or daughter of the decedent; |
133 | (c) Either parent of the decedent; |
134 | (d) An adult brother or sister of the decedent; |
135 | (e) A grandparent of the decedent; |
136 | (f) A guardian of the person of the decedent at the time |
137 | of his or her death; or |
138 | (g) A representative ad litem who shall be appointed by a |
139 | court of competent jurisdiction forthwith upon a petition heard |
140 | ex parte filed by any person, which representative ad litem |
141 | shall ascertain that no person of higher priority exists who |
142 | objects to the gift of all or any part of the decedent's body |
143 | and that no evidence exists of the decedent's having made a |
144 | communication expressing a desire that his or her body or body |
145 | parts not be donated upon death; |
146 |
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147 | but no gift shall be made by the spouse if any adult son or |
148 | daughter objects, and provided that those of higher priority, if |
149 | they are reasonably available, have been contacted and made |
150 | aware of the proposed gift, and further provided that a |
151 | reasonable search is made to show that there would have been no |
152 | objection on religious grounds by the decedent. |
153 | Section 4. Section 765.514, Florida Statutes, is amended |
154 | to read: |
155 | 765.514 Manner of executing anatomical gifts.-- |
156 | (1) A gift of all or part of the body under s. 765.512(1) |
157 | may be made by: |
158 | (a) A statement or symbol indicating that the donor has |
159 | made an anatomical gift that he or she has authorized to be |
160 | imprinted on his or her driver's license or identification card. |
161 | Revocation, suspension, expiration, or cancellation of a |
162 | driver's license or identification card upon which an anatomical |
163 | gift is indicated does not invalidate the gift. |
164 | (b) A statement indicating that the donor has made an |
165 | anatomical gift that he or she has authorized to be included on |
166 | the donor registry. Individuals may make such an authorization |
167 | through online access to the donor registry. The Department of |
168 | Highway Safety and Motor Vehicles shall adopt rules to provide |
169 | for verification of the identity of such individuals in a manner |
170 | similar to the verification of identity for online drivers |
171 | license renewal. |
172 | (c) A will. The gift becomes effective upon the death of |
173 | the testator without waiting for probate. If the will is not |
174 | probated or if it is declared invalid for testamentary purposes, |
175 | the gift is nevertheless valid to the extent that it has been |
176 | acted upon in good faith. |
177 | (d)1.(2)(a) A gift of all or part of the body under s. |
178 | 765.512(1) may also be made by A document other than a will. The |
179 | gift becomes effective upon the death of the donor. The document |
180 | must be signed by the donor in the presence of two witnesses who |
181 | shall sign the document in the donor's presence. If the donor |
182 | cannot sign, the document may be signed for him or her at the |
183 | donor's direction and in his or her presence and the presence of |
184 | two witnesses who must sign the document in the donor's |
185 | presence. Delivery of the document of gift during the donor's |
186 | lifetime is not necessary to make the gift valid. |
187 | 2.(b) The following form of written instrument shall be |
188 | sufficient for any person to give all or part of his or her body |
189 | for the purposes of this part: |
190 |
|
191 | UNIFORM DONOR CARD |
192 |
|
193 | The undersigned hereby makes this anatomical gift, if medically |
194 | acceptable, to take effect on death. The words and marks below |
195 | indicate my desires: |
196 | I give: |
197 | (a) _____ any needed organs, tissues, or eyes or parts; |
198 | (b) _____ only the following organs, tissues, or eyes or |
199 | parts |
200 | [Specify the organ(s), tissue(s), or eye(s) or part(s)] |
201 | for the purpose of transplantation, therapy, medical research, |
202 | or education; |
203 | (c) _____ my body for anatomical study if needed. |
204 | Limitations or special wishes, if any: |
205 | (If applicable, list specific donee)[This must be arranged in |
206 | advance with the donee.] |
207 |
|
208 | Signed by the donor and the following witnesses in the presence |
209 | of each other: |
210 |
|
211 | (Signature of donor) (Date of birth of donor) |
212 | (Date signed) (City and State) |
213 |
|
214 | (Witness) (Witness) |
215 | (Address) (Address) |
216 | (2)(3) The gift may be made to a donee specified by name. |
217 | If the donee is not specified by name, the gift may be accepted |
218 | by the attending physician as donee upon or following the |
219 | donor's death. If the gift is made to a specified donee who is |
220 | not available at the time and place of death, the attending |
221 | physician may accept the gift as donee upon or following death |
222 | in the absence of any expressed indication that the donor |
223 | desired otherwise. However, the Legislature declares that the |
224 | public policy of this state prohibits restrictions on the |
225 | possible recipients of an anatomical gift on the basis of race, |
226 | color, religion, sex, national origin, age, physical handicap, |
227 | health status, marital status, or economic status, and such |
228 | restrictions are hereby declared void and unenforceable. The |
229 | physician who becomes a donee under this subsection shall not |
230 | participate in the procedures for removing or transplanting a |
231 | part. |
232 | (3)(4) Notwithstanding s. 765.517(2), the donor may |
233 | designate in his or her will or other document of gift the |
234 | surgeon or physician to carry out the appropriate procedures. In |
235 | the absence of a designation or if the designee is not |
236 | available, the donee or other person authorized to accept the |
237 | gift may employ or authorize any surgeon or physician for the |
238 | purpose. |
239 | (4)(5) Any gift by a member of a class designated in s. |
240 | 765.512(3) must be made by a document signed by that person or |
241 | made by that person's witnessed telephonic discussion, |
242 | telegraphic message, or other recorded message. |
243 | Section 5. Section 765.515, Florida Statutes, is amended |
244 | to read: |
245 | 765.515 Delivery of document; organ and tissue donor |
246 | registry.-- |
247 | (1) If a gift is made pursuant to through the program |
248 | established by the Agency for Health Care Administration and the |
249 | Department of Highway Safety and Motor Vehicles under the |
250 | authority of s. 765.521, the completed donor registration card |
251 | shall be delivered to the Department of Highway Safety and Motor |
252 | Vehicles and processed as provided in a manner specified in |
253 | subsection (4), but delivery is not necessary to the validity of |
254 | the gift. If the donor withdraws the gift, the records of the |
255 | Department of Highway Safety and Motor Vehicles shall be updated |
256 | to reflect such withdrawal and the department shall communicate |
257 | the withdrawal to the Florida Coalition on Donation for the |
258 | purpose of updating the donor registry. |
259 | (2) If a gift is not made pursuant to through the program |
260 | established by the Agency for Health Care Administration and the |
261 | Department of Highway Safety and Motor Vehicles under the |
262 | authority of s. 765.521 and is made by the donor to a specified |
263 | donee, the document, other than a will, may be delivered to the |
264 | donee to expedite the appropriate procedures immediately after |
265 | death, but delivery is not necessary to the validity of the |
266 | gift. Such document may be deposited in any hospital, bank, |
267 | storage facility, or registry office that accepts such documents |
268 | for safekeeping or for facilitation of procedures after death. |
269 | (3) On the request of any interested party upon or after |
270 | the donor's death, the person in possession shall produce the |
271 | document for examination. |
272 | (4)(a) The Florida Coalition on Donation The Agency for |
273 | Health Care Administration and the Department of Highway Safety |
274 | and Motor Vehicles shall maintain develop and implement an organ |
275 | and tissue donor registry that which shall record, through |
276 | electronic means, organ and tissue donation records documents |
277 | submitted through the driver license identification program or |
278 | through by other sources. The registry shall be maintained in a |
279 | manner that which will allow, through electronic and telephonic |
280 | methods, immediate access to organ and tissue donation records |
281 | documents 24 hours a day, 7 days a week. Hospitals, Organ, and |
282 | tissue, and eye procurement agencies that are certified by the |
283 | Agency for Health Care Administration to obtain consent for |
284 | donation and to screen potential organ and tissue donors, the |
285 | Florida Coalition on Donation, the Department of Highway Safety |
286 | and Motor Vehicles, and other parties identified by the agency |
287 | by rule shall be allowed access through coded means to the |
288 | information stored in the registry. Both the coalition and the |
289 | Department of Highway Safety and Motor Vehicles shall have |
290 | administrative responsibilities for the registry. |
291 | (b) The coalition shall submit an annual written report to |
292 | the Legislature that includes all of the following: |
293 | 1. The number of donors on the registry. |
294 | 2. The changes in the number of donors on the registry. |
295 | 3. The general characteristics of donors as may be |
296 | determined from registry information submitted directly by the |
297 | donors or by the Department of Highway Safety and Motor |
298 | Vehicles. |
299 | (c) Upon request by the Department of Highway Safety and |
300 | Motor Vehicles, the coalition will provide the department with a |
301 | list of the names of individuals who joined the donor registry |
302 | online. This list shall be used to confirm that the identities |
303 | of all such individuals were verified through the process |
304 | authorized in s. 765.514(1)(b). |
305 | (d) The coalition may receive voluntary contributions to |
306 | support its activities and the registry. |
307 | (e)1. Costs for the orderly transition of the organ and |
308 | tissue donor registry from the Agency for Health Care |
309 | Administration to the coalition and for the notification of |
310 | potential donors of the changes to the registration process |
311 | shall be paid from the Florida Organ and Tissue Donor Education |
312 | and Procurement Trust Fund created by s. 765.52155. |
313 | 2. Except as provided in subparagraph 1., costs for |
314 | maintaining the organ and tissue donor registry shall be paid |
315 | from funds collected pursuant to ss. 320.08047 and 322.08(6)(b) |
316 | and from any other funds available to the coalition for this |
317 | purpose. Funds deposited into the Florida Organ and Tissue Donor |
318 | Education and Procurement Trust Fund shall be utilized by the |
319 | Agency for Health Care Administration for maintaining the organ |
320 | and tissue donor registry and for organ and tissue donor |
321 | education. |
322 | Section 6. At the time of implementation of the amendments |
323 | concerning the organ and tissue donor registry in s. 765.515(4), |
324 | Florida Statutes, made by this act, the Florida Coalition on |
325 | Donation shall assume responsibility for all aspects of the |
326 | donor registry and the Agency for Health Care Administration |
327 | shall provide the coalition with the current registry |
328 | information, including donor registration documents, for all |
329 | previously registered donors. |
330 | Section 7. Section 765.515(4)(e)1., Florida Statutes, as |
331 | amended by this act, shall expire upon completion of the |
332 | transition of the organ and tissue donor registry from the |
333 | Agency for Health Care Administration to the Florida Coalition |
334 | on Donation and the notification of potential donors of the |
335 | changes to the registration process. |
336 | Section 8. Paragraph (e) is added to subsection (1) of |
337 | section 765.516, Florida Statutes, to read: |
338 | 765.516 Amendment of the terms of or the revocation of the |
339 | gift.-- |
340 | (1) A donor may amend the terms of or revoke an anatomical |
341 | gift by: |
342 | (e) Removal of his or her own name from the donor |
343 | registry. |
344 | Section 9. Subsection (3) of section 765.517, Florida |
345 | Statutes, is amended to read: |
346 | 765.517 Rights and duties at death.-- |
347 | (3) The organ procurement organization, tissue bank, or |
348 | eye bank, or hospital medical professionals under the direction |
349 | thereof, may perform any and all tests to evaluate the deceased |
350 | as a potential donor and any invasive procedures on the deceased |
351 | body in order to preserve the potential donor's organs. These |
352 | procedures do not include the surgical removal of an organ or |
353 | penetrating any body cavity, specifically for the purpose of |
354 | donation, until: |
355 | (a) It has been verified that the deceased's consent to |
356 | donate appears in the donor registry or until a properly |
357 | executed donor card or document is located; or, |
358 | (b) If a properly executed donor card or document cannot |
359 | be located and the deceased's consent is not listed on the donor |
360 | registry, until a person specified in s. 765.512(3) has been |
361 | located, has been notified of the death, and has granted legal |
362 | permission for the donation. |
363 | Section 10. Section 765.5201, Florida Statutes, is created |
364 | to read: |
365 | 765.5201 Meetings of the Florida Coalition on Donation.-- |
366 | (1)(a) The Legislature finds that the Florida Coalition on |
367 | Donation, a private not-for-profit corporation whose members |
368 | provided organ and tissue donor education to the citizens of |
369 | Florida prior to assumption of responsibility for donor |
370 | education pursuant to s. 765.5215, does not perform a public |
371 | function when preparing general organ and tissue donor education |
372 | programs. |
373 | (b) The legislature has delegated the following public |
374 | purposes to the coalition: |
375 | 1. Operating and maintaining the organ and tissue donor |
376 | registry. |
377 | 2. Developing and implementing, along with the Department |
378 | of Highway Safety and Motor Vehicles, a program to allow |
379 | individuals to make anatomical gifts through the process of |
380 | issuing and renewing driver licenses and identification cards. |
381 | 3. Developing a program to educate state and local |
382 | government employees, including law enforcement agencies and |
383 | officers, concerning anatomical gifts. |
384 | (2) Any meetings of the governing board of the coalition |
385 | discussing any of these public purposes, as well as meetings |
386 | discussing the expenditure of dollars obtained pursuant to ss. |
387 | 320.08047 and 322.08(6)(b), must remain open to the public in |
388 | accordance with s. 286.011 and s. 24(b), Art. I of the State |
389 | Constitution, unless made confidential or exempt by law. Other |
390 | meetings of the governing board of the coalition are not subject |
391 | to s. 286.011 or s. 24(b), Art. I of the State Constitution. |
392 | Section 11. Section 765.521, Florida Statutes, is amended |
393 | to read: |
394 | 765.521 Donations as part of driver license or |
395 | identification card process.-- |
396 | (1) The Agency for Health Care Administration and the |
397 | Department of Highway Safety and Motor Vehicles and the Florida |
398 | Coalition on Donation shall develop and implement a program |
399 | encouraging and allowing persons to make anatomical gifts as a |
400 | part of the process of issuing identification cards and issuing |
401 | and renewing driver licenses. The donor registration card |
402 | distributed by the Department of Highway Safety and Motor |
403 | Vehicles shall include the material specified by s. |
404 | 765.514(1)(d)2.(2)(b) and may require such additional |
405 | information, and include such additional material, as may be |
406 | deemed necessary by that department. The Department of Highway |
407 | Safety and Motor Vehicles shall also develop and implement a |
408 | program to identify donors, which program shall include |
409 | notations on identification cards, driver licenses, and driver |
410 | records or such other methods as the department may develop. |
411 | This program shall include, after an individual has completed a |
412 | donor registration card, making a notation on the front of the |
413 | driver license or identification card that clearly indicates the |
414 | individual's intent to donate the individual's organs or tissue. |
415 | A notation on an individual's driver license or identification |
416 | card that the individual intends to donate organs or tissues is |
417 | deemed sufficient to satisfy all requirements for consent to |
418 | organ or tissue donation. The coalition Agency for Health Care |
419 | Administration shall provide the necessary supplies and forms |
420 | through funds collected under ss. 320.08047 and 322.08(6)(b) |
421 | appropriated from general revenue or contributions from |
422 | interested voluntary, nonprofit organizations. The Department of |
423 | Highway Safety and Motor Vehicles shall provide the necessary |
424 | recordkeeping system through funds appropriated from general |
425 | revenue. The Department of Highway Safety and Motor Vehicles and |
426 | the coalition Agency for Health Care Administration shall incur |
427 | no liability in connection with the performance of any acts |
428 | authorized herein. |
429 | (2) The Department of Highway Safety and Motor Vehicles, |
430 | after consultation with and concurrence by the Agency for Health |
431 | Care Administration, shall adopt rules to implement the |
432 | provisions of this section pursuant according to ss. 120.536(1) |
433 | and 120.54 the provisions of chapter 120. |
434 | (3) Funds expended by the Agency for Health Care |
435 | Administration to carry out the intent of this section shall not |
436 | be taken from any funds appropriated for patient care. |
437 | Section 12. Section 765.5215, Florida Statutes, is amended |
438 | to read: |
439 | 765.5215 Education program relating to anatomical gifts.-- |
440 | (1) The Florida Coalition on Donation has established, and |
441 | continues to develop, a program to educate the citizens of |
442 | Florida, including medical professionals, students, and minority |
443 | communities, regarding the laws of this state relating to |
444 | anatomical gifts and the need for anatomical gifts. The Agency |
445 | for Health Care Administration, Subject to the concurrence of |
446 | the Department of Highway Safety and Motor Vehicles, the |
447 | coalition shall expand this program by developing develop a |
448 | continuing program to educate and inform medical professionals, |
449 | law enforcement agencies and officers, high school children, |
450 | state and local government employees, including law enforcement |
451 | agencies and officers, and the public regarding the laws of this |
452 | state relating to anatomical gifts and the need for anatomical |
453 | gifts. |
454 | (2)(1) The program is to be implemented with the |
455 | assistance of the organ and tissue donor education panel as |
456 | provided in s. 765.5216 and with the funds collected under ss. |
457 | 320.08047 and 322.08(6)(b) and any other funds available to the |
458 | coalition for the purpose of education. Existing community |
459 | resources, when available, must be used to support the program, |
460 | and volunteers may assist the program to the maximum extent |
461 | possible. The Agency for Health Care Administration may contract |
462 | for the provision of all or any portion of the program. When |
463 | awarding such contract, the agency shall give priority to |
464 | existing nonprofit groups that are located within the community, |
465 | including within the minority communities specified in |
466 | subsection (2). The program aimed at educating medical |
467 | professionals may be implemented by contract with one or more |
468 | medical schools located in the state. |
469 | (2) The Legislature finds that particular difficulties |
470 | exist in making members of the various minority communities |
471 | within the state aware of laws relating to anatomical gifts and |
472 | the need for anatomical gifts. Therefore, the program shall |
473 | include, as a demonstration project, activities especially |
474 | targeted at providing such information to the nonwhite, |
475 | Hispanic, and Caribbean populations of the state. |
476 | (3) The coalition Agency for Health Care Administration |
477 | shall, no later than March 1 of each year, submit a report to |
478 | the Legislature containing statistical data on the effectiveness |
479 | of the program in procuring donor organs and the effect of the |
480 | program on state spending for health care. |
481 | (4) The coalition Agency for Health Care Administration, |
482 | for the sole purpose of furthering in furtherance of its |
483 | educational responsibilities regarding organ and tissue |
484 | donation, shall have access to the buildings and workplace areas |
485 | of all state agencies and political subdivisions of the state. |
486 | Section 13. Section 765.52155, Florida Statutes, is |
487 | amended to read: |
488 | 765.52155 Florida Organ and Tissue Donor Education and |
489 | Procurement Trust Fund.--The Florida Organ and Tissue Donor |
490 | Education and Procurement Trust Fund is hereby created, to be |
491 | administered by the Agency for Health Care Administration. Funds |
492 | shall be credited to the trust fund as provided for in general |
493 | law. |
494 | Section 14. Section 765.5216, Florida Statutes, is |
495 | repealed. |
496 | Section 15. Subsections (2), (5), and (6) of section |
497 | 765.522, Florida Statutes, are amended to read: |
498 | 765.522 Duty of certain hospital administrators; liability |
499 | of hospital administrators, organ procurement organizations, eye |
500 | banks, and tissue banks.-- |
501 | (2) Where, based on accepted medical standards, a hospital |
502 | patient is a suitable candidate for organ or tissue donation, |
503 | the hospital administrator or the hospital administrator's |
504 | designee shall, at or near the time of death, notify the |
505 | appropriate organ, tissue, or eye recovery program, which shall |
506 | access the organ and tissue donor registry created by s. |
507 | 765.515(4) to ascertain the existence of a donor card or |
508 | document executed by the decedent. In the absence of a donor |
509 | card, organ donation sticker or organ donation imprint on a |
510 | driver's license, or other properly executed document, the |
511 | organ, tissue, or eye recovery program hospital administrator or |
512 | designee shall request: |
513 | (a) The patient's health care surrogate, as permitted in |
514 | s. 765.512(2); or |
515 | (b) If the patient does not have a surrogate, or the |
516 | surrogate is not reasonably available, any of the persons |
517 | specified in s. 765.512(3), in the order and manner of priority |
518 | stated in s. 765.512(3), |
519 |
|
520 | to consent to the gift of all or any part of the decedent's body |
521 | for any purpose specified in this part. Except as provided in s. |
522 | 765.512, in the absence of actual notice of opposition, consent |
523 | need only be obtained from the person or persons in the highest |
524 | priority class reasonably available. |
525 | (5) There shall be no civil or criminal liability against |
526 | any organ procurement organization, eye bank, or tissue bank |
527 | certified under s. 765.542, or against any hospital or hospital |
528 | administrator or designee, or against the Florida Coalition on |
529 | Donation, when complying with the provisions of this part and |
530 | the rules of the Agency for Health Care Administration or when, |
531 | in the exercise of reasonable care, a request for organ donation |
532 | is inappropriate and the gift is not made according to this part |
533 | and the rules of the Agency for Health Care Administration. |
534 | (6) The hospital administrator or a designee shall, at or |
535 | near the time of death of a potential organ donor, directly |
536 | notify the affiliated Health Care Financing Administration |
537 | designated organ procurement organization designated as such by |
538 | the United States Department of Health and Human Services of the |
539 | potential organ donor. This organ procurement organization must |
540 | offer any organ from such a donor first to patients on a |
541 | Florida-based local or state organ sharing transplant list. For |
542 | the purpose of this subsection, the term "transplant list" |
543 | includes certain categories of national or regional organ |
544 | sharing for patients of exceptional need or exceptional match, |
545 | as approved or mandated by the United Network for Organ Sharing. |
546 | This notification must not be made to a tissue bank or eye bank |
547 | in lieu of the organ procurement organization unless the tissue |
548 | bank or eye bank is also a Health Care Financing Administration |
549 | designated as an organ procurement organization by the United |
550 | States Department of Health and Human Services. |
551 | Section 16. Subsections (2) and (4) of section 765.544, |
552 | Florida Statutes, are amended to read: |
553 | 765.544 Fees; Florida Organ and Tissue Donor Education and |
554 | Procurement Trust Fund.-- |
555 | (2) The Agency for Health Care Administration shall assess |
556 | annual fees to be used, in the following order of priority, for |
557 | the certification program and, the advisory board, maintenance |
558 | of the organ and tissue donor registry, and the organ and tissue |
559 | donor education program in the following amounts, which may not |
560 | exceed $35,000 per organization: |
561 | (a) Each general organ procurement organization shall pay |
562 | the greater of $1,000 or 0.25 percent of its total revenues |
563 | produced from procurement activity in this state by the |
564 | certificateholder during its most recently completed fiscal year |
565 | or operational year. |
566 | (b) Each bone and tissue procurement agency or bone and |
567 | tissue bank shall pay the greater of $1,000 or 0.25 percent of |
568 | its total revenues from procurement and processing activity in |
569 | this state by the certificateholder during its most recently |
570 | completed fiscal year or operational year. |
571 | (c) Each eye bank shall pay the greater of $500 or 0.25 |
572 | percent of its total revenues produced from procurement activity |
573 | in this state by the certificateholder during its most recently |
574 | completed fiscal year or operational year. |
575 | (4)(a) Proceeds from fees, administrative penalties, and |
576 | surcharges collected pursuant to subsections (2) and (3) must be |
577 | deposited into the Florida Organ and Tissue Donor Education and |
578 | Procurement Trust Fund created by s. 765.52155. |
579 | (b) Moneys deposited in the trust fund pursuant to this |
580 | section must be used exclusively for the implementation, |
581 | administration, and operation of the certification program and |
582 | the advisory board, for maintaining the organ and tissue donor |
583 | registry, and for organ and tissue donor education. |
584 | Section 17. In addition to uses of funds provided for in |
585 | s. 765.544(2) and (4)(b), Florida Statutes, funds governed by |
586 | those provisions shall be used for the orderly transition of the |
587 | organ and tissue donor registry from the Agency for Health Care |
588 | Administration to the Florida Coalition on Donation and |
589 | notification to potential donors of the changes in the |
590 | registration process. This section shall expire upon completion |
591 | of the transition of the organ and tissue donor registry from |
592 | the Agency for Health Care Administration to the Florida |
593 | Coalition on Donation and the notification of potential donors |
594 | of the changes to the registration process. |
595 | Section 18. Paragraph (a) of subsection (4) of section |
596 | 215.20, Florida Statutes, is amended to read: |
597 | 215.20 Certain income and certain trust funds to |
598 | contribute to the General Revenue Fund.-- |
599 | (4) The income of a revenue nature deposited in the |
600 | following described trust funds, by whatever name designated, is |
601 | that from which the appropriations authorized by subsection (3) |
602 | shall be made: |
603 | (a) Within the Agency for Health Care Administration: |
604 | 1. The Florida Organ and Tissue Donor Education and |
605 | Procurement Trust Fund. |
606 | 2. The Health Care Trust Fund. |
607 | 3. The Resident Protection Trust Fund. |
608 |
|
609 | The enumeration of the foregoing moneys or trust funds shall not |
610 | prohibit the applicability thereto of s. 215.24 should the |
611 | Governor determine that for the reasons mentioned in s. 215.24 |
612 | the money or trust funds should be exempt herefrom, as it is the |
613 | purpose of this law to exempt income from its force and effect |
614 | when, by the operation of this law, federal matching funds or |
615 | contributions or private grants to any trust fund would be lost |
616 | to the state. |
617 | Section 19. Section 320.08047, Florida Statutes, is |
618 | amended to read: |
619 | 320.08047 Voluntary contribution for organ and tissue |
620 | donor education.--As a part of the collection process for |
621 | license taxes as specified in s. 320.08, individuals shall be |
622 | permitted to make a voluntary contribution of $1, which |
623 | contribution shall be distributed to the Florida Coalition on |
624 | Donation deposited into the Florida Organ and Tissue Donor |
625 | Education and Procurement Trust Fund for organ and tissue donor |
626 | education and for maintaining the organ and tissue donor |
627 | registry. |
628 | Section 20. Subsection (6) of section 322.08, Florida |
629 | Statutes, is amended to read: |
630 | 322.08 Application for license.-- |
631 | (6) The application form for a driver's license or |
632 | duplicate thereof shall include language permitting the |
633 | following: |
634 | (a) A voluntary contribution of $5 per applicant, which |
635 | contribution shall be transferred into the Election Campaign |
636 | Financing Trust Fund. |
637 | (b) A voluntary contribution of $1 per applicant, which |
638 | contribution shall be distributed to the Florida Coalition on |
639 | Donation deposited into the Florida Organ and Tissue Donor |
640 | Education and Procurement Trust Fund for organ and tissue donor |
641 | education and for maintaining the organ and tissue donor |
642 | registry. |
643 | (c) A voluntary contribution of $1 per applicant, which |
644 | contribution shall be distributed to the Florida Council of the |
645 | Blind. |
646 | (d) A voluntary contribution of $2 per applicant, which |
647 | shall be distributed to the Hearing Research Institute, |
648 | Incorporated. |
649 | (e) A voluntary contribution of $1 per applicant, which |
650 | shall be distributed to the Juvenile Diabetes Foundation |
651 | International. |
652 | (f) A voluntary contribution of $1 per applicant, which |
653 | shall be distributed to the Children's Hearing Help Fund. |
654 |
|
655 | A statement providing an explanation of the purpose of the trust |
656 | funds shall also be included. For the purpose of applying the |
657 | service charge provided in s. 215.20, contributions received |
658 | under paragraphs (b), (c), (d), (e), and (f) and under s. |
659 | 322.18(9)(a) are not income of a revenue nature. |
660 | Section 21. This act shall take effect July 1, 2007. |