HB 209

1
A bill to be entitled
2An act relating to the Revised Uniform Anatomical Gift
3Act; creating s. 765.5101, F.S.; providing a short title;
4creating s. 765.5102, F.S.; providing definitions;
5creating s. 765.5103, F.S.; providing that the revised act
6applies to an anatomical gift or amendment to, revocation
7of, or refusal to make an anatomical gift, whenever made;
8creating s. 765.5104, F.S.; specifying who may make an
9anatomical gift before the donor's death; creating s.
10765.5105, F.S.; providing the manner of making an
11anatomical gift before the donor's death; creating s.
12765.5106, F.S.; providing for amending or revoking an
13anatomical gift before the donor's death; creating s.
14765.5107, F.S.; specifying the manner of refusal to make
15an anatomical gift; providing the effect of such a
16refusal; creating s. 765.5108, F.S.; providing for the
17preclusive effect of an anatomical gift, amendment, or
18revocation in certain circumstances; providing exceptions;
19creating s. 765.5109, F.S.; specifying who may make an
20anatomical gift of a decedent's body or part; creating s.
21765.5110, F.S.; specifying the manner of making, amending,
22or revoking an anatomical gift of a decedent's body or
23part; creating s. 765.5111, F.S.; specifying persons that
24may receive an anatomical gift; providing for the purpose
25of an anatomical gift; providing that a person may not
26accept an anatomical gift if the person knows that the
27gift was not effectively made under specified provisions
28or if the person knows that the decedent made a refusal
29that was not revoked; creating s. 765.5112, F.S.;
30requiring specified persons to make a reasonable search of
31an individual who the person reasonably believes is dead
32or near death for a document of gift or other information
33identifying the individual as a donor or as an individual
34who made a refusal; providing duties if a document of gift
35or a refusal to make an anatomical gift is located;
36providing immunity from criminal or civil liability for
37failure to discharge specified duties; creating s.
38765.5113, F.S.; providing that delivery of a document of
39gift is not a requirement for its effectiveness; requiring
40a person in possession of a document of gift or a refusal
41to make an anatomical gift with respect to the individual
42to allow examination and copying of the document; creating
43s. 765.5114, F.S.; specifying rights and duties of
44procurement organizations when an individual has been
45referred to them; allowing the person to whom a part
46passes under specified provisions to conduct any
47reasonable examination necessary to ensure the medical
48suitability of the body or part for its intended purpose
49unless otherwise prohibited; requiring a procurement
50organization, upon the death of a minor who was a donor or
51who had refused, to conduct a reasonable search for the
52parents of the minor and provide them with an opportunity
53to revoke or amend the gift or revoke the refusal;
54providing that the rights of the person to whom a part
55passes under a specified provision are superior to the
56rights of all others with respect to the part; prohibiting
57both the physician who attends the decedent at death and
58the physician who determines the time of death from
59participating in removing or transplanting a part;
60creating s. 765.5115, F.S.; requiring each hospital in
61this state to enter into agreements or affiliations with
62procurement organizations for specified purposes; creating
63s. 765.5117, F.S.; prohibiting intentional falsification,
64forgery, and other acts concerning a document of gift, an
65amendment or revocation of a document of gift, or a
66refusal in order to obtain a financial gain; providing
67criminal penalties; creating s. 765.5118, F.S.; providing
68immunity in a civil action, criminal prosecution, or
69administrative proceeding to a person who acts in
70accordance with the act or with the applicable anatomical
71gift law of another state, or attempts in good faith to do
72so; providing immunity from liability to the donor and the
73donor's estate for use of the gift; permitting reliance on
74specified representations in determining whether an
75anatomical gift has been made, amended, or revoked;
76creating s. 765.5119, F.S.; specifying the law governing
77validity of a document of gift; providing for the law
78governing the interpretation of a document of gift in
79certain circumstances; providing a presumption of
80validity; renumbering s. 765.5155, F.S., relating to the
81organ and tissue donor registry, as s. 765.5120, F.S.;
82renumbering s. 765.51551, F.S., relating to an organ and
83tissue donor registry public records exemption, as s.
84765.51201, F.S.; creating s. 765.5121, F.S.; providing for
85the effect of an anatomical gift on an advance healthcare
86directive; creating s. 765.5122, F.S.; requiring
87cooperation between medical examiners and procurement
88organizations; creating s. 765.5123, F.S.; providing for
89facilitation of anatomical gifts from decedents whose
90bodies are under the jurisdiction of medical examiners;
91requiring persons with information requested by a medical
92examiner conducting a medicolegal examination about a
93donor or prospective donor whose body is under the
94examiner's jurisdiction to provide that information as
95expeditiously as possible; requiring a medical examiner
96and procurement organization to cooperate in the timely
97removal of a part when recovery of the part will not
98interfere with the examination; requiring consultation
99between a medical examiner and a procurement organization
100when the medical examiner believes that recovery of the
101part could interfere with the postmortem investigation
102into the decedent's cause or manner of death; requiring a
103medical examiner who intends to deny recovery to attend,
104if requested, the removal procedure for the part before
105making a final determination not to allow recovery of the
106part; requiring a medical examiner denying recovery to
107make specified recorded findings; requiring a procurement
108organization in certain circumstances, upon request, to
109provide the medical examiner with a records concerning a
110part assist in the postmortem examination; requiring a
111procurement organization to reimburse a medical examiner
112for additional costs incurred by the examiner who is
113required to be present in certain circumstances; creating
114s. 765.5124, F.S.; providing for uniformity of application
115and construction of the revised act; creating s. 765.5125,
116F.S.; providing for relation of the revised act to the
117Electronic Signatures in Global and National Commerce Act;
118repealing s. 765.510, F.S., relating to a legislative
119declaration; repealing s. 765.511, F.S., relating to
120definitions; repealing s. 765.512, F.S., relating to
121persons who may make an anatomical gift; repealing s.
122765.513, F.S., relating to persons and entities that may
123become donees and purposes for which anatomical gifts may
124be made; repealing s. 765.514, F.S., relating to manner of
125making anatomical gifts; repealing s. 765.515, F.S.,
126relating to delivery of a donor document; repealing s.
127765.516, F.S., relating to amendment of the terms of or
128the revocation of the gift; repealing s. 765.517, F.S.,
129relating to rights and duties at death; amending ss.
130381.0041, 765.521, and 765.522, F.S.; revising cross-
131references to conform to changes made by the act;
132providing an effective date.
133
134Be It Enacted by the Legislature of the State of Florida:
135
136     Section 1.  Section 765.5101, Florida Statutes, is created
137to read:
138     765.5101  Short title.--Sections 765.5101-765.5125 may be
139cited as the "Revised Uniform Anatomical Gift Act."
140     Section 2.  Section 765.5102, Florida Statutes, is created
141to read:
142     765.5102  Definitions.--As used in ss. 765.5101-765.5125,
143the term:
144     (1)  "Adult" means an individual who is at least 18 years
145of age.
146     (2)  "Agent" means an individual who is:
147     (a)  Authorized to make healthcare decisions on the
148principal's behalf by a power of attorney for healthcare; or
149     (b)  Expressly authorized to make an anatomical gift on the
150principal's behalf by any other record signed by the principal.
151     (3)  "Anatomical gift" means a donation of all or part of a
152human body to take effect after the donor's death for the
153purpose of transplantation, therapy, research, or education.
154     (4)  "Decedent" means a deceased individual whose body or
155part is or may be the source of an anatomical gift. The term
156includes a stillborn infant and, subject to restrictions imposed
157by law other than ss. 765.5101-765.5125, a fetus.
158     (5)  "Disinterested witness" means a witness other than a
159spouse, child, parent, sibling, grandchild, grandparent, or
160guardian of the individual who makes, amends, revokes, or
161refuses to make an anatomical gift, or another adult who
162exhibited special care and concern for the individual. The term
163does not include a person to whom an anatomical gift could pass
164under s. 765.5111.
165     (6)  "Document of gift" means a donor card or other record
166used to make an anatomical gift and includes a statement or
167symbol on a driver's license, identification card, or donor
168registry.
169     (7)  "Donor" means an individual whose body or part is the
170subject of an anatomical gift.
171     (8)  "Donor registry" means a database that contains
172records of anatomical gifts and amendments to or revocations of
173anatomical gifts.
174     (9)  "Driver's license" means a license or permit issued by
175the Department of Highway Safety and Motor Vehicles to operate a
176vehicle, whether or not conditions are attached to the license
177or permit.
178     (10)  "Eye bank" means a person licensed, accredited, or
179regulated under federal or state law to engage in the recovery,
180screening, testing, processing, storage, or distribution of
181human eyes or portions of human eyes.
182     (11)  "Guardian" means a person appointed by a court to
183make decisions regarding the support, care, education, health,
184or welfare of an individual. The term does not include a
185guardian ad litem.
186     (12)  "Hospital" means a facility licensed as a hospital
187under the law of any state or a facility operated as a hospital
188by the United States, a state, or a subdivision of a state.
189     (13)  "Identification card" means an identification card
190issued by the Department of Highway Safety and Motor Vehicles.
191     (14)  "Know" means to have actual knowledge.
192     (15)  "Organ procurement organization" means a person
193designated by the Secretary of the United States Department of
194Health and Human Services as an organ procurement organization.
195     (16)  "Parent" means a parent whose parental rights have
196not been terminated.
197     (17)  "Part" means an organ, an eye, or tissue of a human
198being. The term does not include the whole body.
199     (18)  "Person" means an individual, corporation, business
200trust, estate, trust, partnership, limited liability company,
201association, joint venture, public corporation, government or
202governmental subdivision, agency, or instrumentality or any
203other legal or commercial entity.
204     (19)  "Physician" means an individual authorized to
205practice medicine or osteopathy under the law of any state.
206     (20)  "Procurement organization" means an eye bank, organ
207procurement organization, or tissue bank.
208     (21)  "Prospective donor" means an individual who is dead
209or near death and who has been determined by a procurement
210organization to have a part that could be medically suitable for
211transplantation, therapy, research, or education. The term does
212not include an individual who has made a refusal.
213     (22)  "Reasonably available" means able to be contacted by
214a procurement organization without undue effort and willing and
215able to act in a timely manner consistent with existing medical
216criteria necessary for the making of an anatomical gift.
217     (23)  "Recipient" means an individual into whose body a
218decedent's part has been or is intended to be transplanted.
219     (24)  "Record" means information that is inscribed on a
220tangible medium or that is stored in an electronic or other
221medium and is retrievable in perceivable form.
222     (25)  "Refusal" means a record created under s. 765.5107
223that expressly states an intent to bar other persons from making
224an anatomical gift of an individual's body or part.
225     (26)  "Sign" means, with the present intent to authenticate
226or adopt a record:
227     (a)  To execute or adopt a tangible symbol; or
228     (b)  To attach to or logically associate with the record an
229electronic symbol, sound, or process.
230     (27)  "State" means a state of the United States, the
231District of Columbia, Puerto Rico, the United States Virgin
232Islands, or any territory or insular possession subject to the
233jurisdiction of the United States.
234     (28)  "Technician" means an individual determined to be
235qualified to remove or process parts by an appropriate
236organization that is licensed, accredited, or regulated under
237federal or state law. The term includes an enucleator.
238     (29)  "Tissue" means a portion of the human body other than
239an organ or an eye. The term does not include blood unless the
240blood is donated for the purpose of research or education.
241     (30)  "Tissue bank" means a person licensed, accredited, or
242regulated under federal or state law to engage in the recovery,
243screening, testing, processing, storage, or distribution of
244tissue.
245     (31)  "Transplant hospital" means a hospital that furnishes
246organ transplants and other medical and surgical specialty
247services required for the care of transplant patients.
248     Section 3.  Section 765.5103, Florida Statutes, is created
249to read:
250     765.5103  Applicability.--Sections 765.5101-765.5125 apply
251to an anatomical gift or amendment to, revocation of, or refusal
252to make an anatomical gift, whenever made.
253     Section 4.  Section 765.5104, Florida Statutes, is created
254to read:
255     765.5104  Persons who may make an anatomical gift before
256the donor's death.--Subject to s. 765.5108, an anatomical gift
257of a donor's body or part may be made during the life of the
258donor for the purpose of transplantation, therapy, research, or
259education in the manner provided in s. 765.5105 by:
260     (1)  The donor, if the donor is an adult or if the donor is
261a minor and is:
262     (a)  Emancipated; or
263     (b)  Authorized under state law to apply for a driver's
264license because the donor is at least 16 years of age.
265     (2)  An agent of the donor, unless the power of attorney
266for healthcare or other record prohibits the agent from making
267an anatomical gift.
268     (3)  A parent of the donor, if the donor is an
269unemancipated minor.
270     (4)  The donor's guardian.
271     Section 5.  Section 765.5105, Florida Statutes, is created
272to read:
273     765.5105  Manner of making an anatomical gift before the
274donor's death.--
275     (1)  A donor may make an anatomical gift:
276     (a)  By authorizing a statement or symbol indicating that
277the donor has made an anatomical gift to be imprinted on the
278donor's driver's license or identification card;
279     (b)  In a will;
280     (c)  During a terminal illness or injury of the donor, by
281any form of communication addressed to at least two adults, at
282least one of whom is a disinterested witness; or
283     (d)  As provided in subsection (2).
284     (2)  A donor or other person authorized to make an
285anatomical gift under s. 765.5104 may make a gift by a donor
286card or other record signed by the donor or other person making
287the gift or by authorizing that a statement or symbol indicating
288that the donor has made an anatomical gift be included on a
289donor registry. If the donor or other person is physically
290unable to sign a record, the record may be signed by another
291individual at the direction of the donor or other person and
292must:
293     (a)  Be witnessed by at least two adults, at least one of
294whom is a disinterested witness, who have signed at the request
295of the donor or the other person.
296     (b)  State that it has been signed and witnessed as
297provided in paragraph (a).
298     (3)  Revocation, suspension, expiration, or cancellation of
299a driver's license or identification card upon which an
300anatomical gift is indicated does not invalidate the gift.
301     (4)  An anatomical gift made by will takes effect upon the
302donor's death whether or not the will is probated. Invalidation
303of the will after the donor's death does not invalidate the
304gift.
305     Section 6.  Section 765.5106, Florida Statutes, is created
306to read:
307     765.5106  Amending or revoking an anatomical gift before
308the donor's death.--
309     (1)  Subject to s. 765.5108, a donor or other person
310authorized to make an anatomical gift under s. 765.5104 may
311amend or revoke an anatomical gift by:
312     (a)  A record signed by:
313     1.  The donor;
314     2.  The other person; or
315     3.  Subject to subsection (2), another individual acting at
316the direction of the donor or the other person if the donor or
317other person is physically unable to sign; or
318     (b)  A later-executed document of gift that amends or
319revokes a previous anatomical gift or portion of an anatomical
320gift, either expressly or by inconsistency.
321     (2)  A record signed pursuant to subparagraph (1)(a)3.
322must:
323     (a)  Be witnessed by at least two adults, at least one of
324whom is a disinterested witness, who have signed at the request
325of the donor or the other person.
326     (b)  State that it has been signed and witnessed as
327provided in paragraph (a).
328     (3)  Subject to s. 765.5108, a donor or other person
329authorized to make an anatomical gift under s. 765.5104 may
330revoke an anatomical gift by the destruction or cancellation of
331the document of gift, or the portion of the document of gift
332used to make the gift, with the intent to revoke the gift.
333     (4)  A donor may amend or revoke an anatomical gift that
334was not made in a will by any form of communication during a
335terminal illness or injury addressed to at least two adults, at
336least one of whom is a disinterested witness.
337     (5)  A donor who makes an anatomical gift in a will may
338amend or revoke the gift in the manner provided for amendment or
339revocation of wills or as provided in subsection (1).
340     Section 7.  Section 765.5107, Florida Statutes, is created
341to read:
342     765.5107  Refusal to make an anatomical gift; effect of
343refusal.--
344     (1)  An individual may refuse to make an anatomical gift of
345the individual's body or part by:
346     (a)  A record signed by:
347     1.  The individual; or
348     2.  Subject to subsection (2), another individual acting at
349the direction of the individual if the individual is physically
350unable to sign;
351     (b)  The individual's will, whether or not the will is
352admitted to probate or invalidated after the individual's death;
353or
354     (c)  Any form of communication made by the individual
355during the individual's terminal illness or injury addressed to
356at least two adults, at least one of whom is a disinterested
357witness.
358     (2)  A record signed pursuant to subparagraph (1)(a)2.
359must:
360     (a)  Be witnessed by at least two adults, at least one of
361whom is a disinterested witness, who have signed at the request
362of the individual.
363     (b)  State that it has been signed and witnessed as
364provided in paragraph (a).
365     (3)  An individual who has made a refusal may amend or
366revoke the refusal:
367     (a)  In the manner provided in subsection (1) for making a
368refusal;
369     (b)  By subsequently making an anatomical gift pursuant to
370s. 765.5105 that is inconsistent with the refusal; or
371     (c)  By destroying or canceling the record evidencing the
372refusal, or the portion of the record used to make the refusal,
373with the intent to revoke the refusal.
374     (4)  Except as otherwise provided in s. 765.5108(8), in the
375absence of an express, contrary indication by the individual set
376forth in the refusal, an individual's unrevoked refusal to make
377an anatomical gift of the individual's body or part bars all
378other persons from making an anatomical gift of the individual's
379body or part.
380     Section 8.  Section 765.5108, Florida Statutes, is created
381to read:
382     765.5108  Preclusive effect of an anatomical gift,
383amendment, or revocation.--
384     (1)  Except as otherwise provided in subsection (7) and
385subject to subsection (6), in the absence of an express,
386contrary indication by the donor, a person other than the donor
387is barred from making, amending, or revoking an anatomical gift
388of a donor's body or part if the donor made an anatomical gift
389of the donor's body or part under s. 765.5105 or an amendment to
390an anatomical gift of the donor's body or part under s.
391765.5106.
392     (2)  A donor's revocation of an anatomical gift of the
393donor's body or part under s. 765.5106 is not a refusal and does
394not bar another person specified in s. 765.5104 or s. 765.5109
395from making an anatomical gift of the donor's body or part under
396s. 765.5105 or s. 765.5110.
397     (3)  If a person other than the donor makes an unrevoked
398anatomical gift of the donor's body or part under s. 765.5105 or
399an amendment to an anatomical gift of the donor's body or part
400under s. 765.5106, another person may not make, amend, or revoke
401the gift of the donor's body or part under s. 765.5110.
402     (4)  A revocation of an anatomical gift of a donor's body
403or part under s. 765.5106 by a person other than the donor does
404not bar another person from making an anatomical gift of the
405body or part under s. 765.5105 or s. 765.5110.
406     (5)  In the absence of an express, contrary indication by
407the donor or other person authorized to make an anatomical gift
408under s. 765.5104, an anatomical gift of a part is neither a
409refusal to give another part nor a limitation on the making of
410an anatomical gift of another part at a later time by the donor
411or another person.
412     (6)  In the absence of an express, contrary indication by
413the donor or other person authorized to make an anatomical gift
414under s. 765.5104, an anatomical gift of a part for one or more
415of the purposes set forth in s. 765.5104 is not a limitation on
416the making of an anatomical gift of the part for any of the
417other purposes by the donor or any other person under s.
418765.5105 or s. 765.5110.
419     (7)  If a donor who is an unemancipated minor dies, a
420parent of the donor who is reasonably available may revoke or
421amend an anatomical gift of the donor's body or part.
422     (8)  If an unemancipated minor who signed a refusal dies, a
423parent of the minor who is reasonably available may revoke the
424minor's refusal.
425     Section 9.  Section 765.5109, Florida Statutes, is created
426to read:
427     765.5109  Who may make an anatomical gift of a decedent's
428body or part.--
429     (1)  Subject to subsections (2) and (3) and unless barred
430by s. 765.5107 or s. 765.5108, an anatomical gift of a
431decedent's body or part for purpose of transplantation, therapy,
432research, or education may be made by any member of the
433following classes of persons who is reasonably available, in the
434order of priority listed:
435     (a)  An agent of the decedent at the time of death who
436could have made an anatomical gift under s. 765.5104(2)
437immediately before the decedent's death.
438     (b)  The spouse of the decedent.
439     (c)  Adult children of the decedent.
440     (d)  Parents of the decedent.
441     (e)  Adult siblings of the decedent.
442     (f)  Adult grandchildren of the decedent.
443     (g)  Grandparents of the decedent.
444     (h)  An adult who exhibited special care and concern for
445the decedent.
446     (i)  The persons who were acting as the guardians of the
447person of the decedent at the time of death.
448     (j)  Any other person having the authority to dispose of
449the decedent's body.
450     (2)  If there is more than one member of a class listed in
451paragraphs (1)(a), (c), (d), (e), (f), (g), or (i) who is
452entitled to make an anatomical gift, an anatomical gift may be
453made by a member of the class unless that member or a person to
454whom the gift may pass under s. 765.5111 knows of an objection
455by another member of the class. If an objection is known, the
456gift may be made only by a majority of the members of the class
457who are reasonably available.
458     (3)  A person may not make an anatomical gift if, at the
459time of the decedent's death, a person in a prior class under
460subsection (1) is reasonably available to make or to object to
461the making of an anatomical gift.
462     (4)  A health care surrogate designated by the decedent
463pursuant to part II of this chapter may give all or any part of
464the decedent's body for any purpose specified in s. 765.5111
465absent actual notice of contrary indications by the decedent.
466     Section 10.  Section 765.5110, Florida Statutes, is created
467to read:
468     765.5110  Manner of making, amending, or revoking an
469anatomical gift of a decedent's body or part.--
470     (1)  A person authorized to make an anatomical gift under
471s. 765.5109 may make an anatomical gift by a document of gift
472signed by the person making the gift or by that person's oral
473communication that is electronically recorded or is
474contemporaneously reduced to a record and signed by the
475individual receiving the oral communication.
476     (2)  Subject to subsection (3), an anatomical gift by a
477person authorized under s. 765.5109 may be amended or revoked
478orally or in a record by any member of a prior class who is
479reasonably available. If more than one member of the prior class
480is reasonably available, the gift made by a person authorized
481under s. 765.5109 may be:
482     (a)  Amended only if a majority of the reasonably available
483members agree to the amending of the gift; or
484     (b)  Revoked only if a majority of the reasonably available
485members agree to the revoking of the gift or if they are equally
486divided as to whether to revoke the gift.
487     (3)  A revocation under subsection (2) is effective only
488if, before an incision has been made to remove a part from the
489donor's body or before invasive procedures have begun to prepare
490the recipient, the procurement organization, transplant
491hospital, or physician or technician knows of the revocation.
492     Section 11.  Section 765.5111, Florida Statutes, is created
493to read:
494     765.5111  Persons who may receive an anatomical gift;
495purpose of an anatomical gift.--
496     (1)  An anatomical gift may be made to the following
497persons named in the document of gift:
498     (a)  A hospital; an accredited medical school, dental
499school, college, or university; an organ procurement
500organization; or other appropriate person, for research or
501education.
502     (b)  Subject to subsection (2), an individual designated by
503the person making the anatomical gift if the individual is the
504recipient of the part.
505     (c)  An eye bank or tissue bank.
506     (2)  If an anatomical gift to an individual under paragraph
507(1)(b) cannot be transplanted into that individual, the part
508passes in accordance with subsection (7) in the absence of an
509express, contrary indication by the person making the anatomical
510gift.
511     (3)  If an anatomical gift of one or more specific parts or
512all parts is made in a document of gift that does not name a
513person described in subsection (1) but identifies the purpose
514for which an anatomical gift may be used, the following rules
515apply:
516     (a)  If the part is an eye and the gift is for the purpose
517of transplantation or therapy, the gift passes to the
518appropriate eye bank.
519     (b)  If the part is tissue and the gift is for the purpose
520of transplantation or therapy, the gift passes to the
521appropriate tissue bank.
522     (c)  If the part is an organ and the gift is for the
523purpose of transplantation or therapy, the gift passes to the
524appropriate organ procurement organization as custodian of the
525organ.
526     (d)  If the part is an organ, an eye, or tissue and the
527gift is for the purpose of research or education, the gift
528passes to the appropriate procurement organization.
529     (4)  For the purpose of subsection (3), if there is more
530than one purpose of an anatomical gift set forth in the document
531of gift but the purposes are not set forth in any priority, the
532gift must be used for transplantation or therapy, if suitable.
533If the gift cannot be used for transplantation or therapy, the
534gift may be used for research or education.
535     (5)  If an anatomical gift of one or more specific parts is
536made in a document of gift that does not name a person described
537in subsection (1) and does not identify the purpose of the gift,
538the gift may be used only for transplantation or therapy, and
539the gift passes in accordance with subsection (7).
540     (6)  If a document of gift specifies only a general intent
541to make an anatomical gift by words such as "donor," "organ
542donor," or "body donor," or by a symbol or statement of similar
543import, the gift may be used only for transplantation or
544therapy, and the gift passes in accordance with subsection (7).
545     (7)  For purposes of subsections (2), (5), and (6), the
546following rules apply:
547     (a)  If the part is an eye, the gift passes to the
548appropriate eye bank.
549     (b)  If the part is tissue, the gift passes to the
550appropriate tissue bank.
551     (c)  If the part is an organ, the gift passes to the
552appropriate organ procurement organization as custodian of the
553organ.
554     (8)  An anatomical gift of an organ for transplantation or
555therapy, other than an anatomical gift under paragraph (1)(b),
556passes to the organ procurement organization as custodian of the
557organ.
558     (9)  If an anatomical gift does not pass pursuant to
559subsections (1)-(8) or the decedent's body or part is not used
560for transplantation, therapy, research, or education, custody of
561the body or part passes to the person under obligation to
562dispose of the body or part.
563     (10)  A person may not accept an anatomical gift if the
564person knows that the gift was not effectively made under s.
565765.5105 or s. 765.5110 or if the person knows that the decedent
566made a refusal under s. 765.5107 that was not revoked. For
567purposes of the subsection, if a person knows that an anatomical
568gift was made on a document of gift, the person is deemed to
569know of any amendment or revocation of the gift or any refusal
570to make an anatomical gift on the same document of gift.
571     (11)  Except as otherwise provided in paragraph (1)(b),
572nothing in ss. 765.5101-765.5125 affects the allocation of
573organs for transplantation or therapy.
574     Section 12.  Section 765.5112, Florida Statutes, is created
575to read:
576     765.5112  Search and notification.--
577     (1)  The following persons shall make a reasonable search
578of an individual who the person reasonably believes to be dead
579or near death for a document of gift or other information
580identifying the individual as a donor or as an individual who
581made a refusal:
582     (a)  A law enforcement officer, firefighter, paramedic, or
583other emergency rescuer finding the individual.
584     (b)  If no other source of the information is immediately
585available, a hospital, as soon as practical after the
586individual's arrival at the hospital.
587     (2)  If a document of gift or a refusal to make an
588anatomical gift is located by the search required by paragraph
589(1)(a) and the individual or deceased individual to whom it
590relates is taken to a hospital, the person responsible for
591conducting the search shall send the document of gift or refusal
592to the hospital.
593     (3)  A person is not subject to criminal or civil liability
594for failing to discharge the duties imposed by this section but
595may be subject to administrative sanctions.
596     Section 13.  Section 765.5113, Florida Statutes, is created
597to read:
598     765.5113  Delivery of a document of gift not required;
599right to examine.--
600     (1)  A document of gift need not be delivered during the
601donor's lifetime to be effective.
602     (2)  Upon or after an individual's death, a person in
603possession of a document of gift or a refusal to make an
604anatomical gift with respect to the individual shall allow
605examination and copying of the document of gift or refusal by a
606person authorized to make or object to the making of an
607anatomical gift with respect to the individual or by a person to
608whom the gift could pass under s. 765.5111.
609     Section 14.  Section 765.5114, Florida Statutes, is created
610to read:
611     765.5114  Rights and duties of procurement organizations
612and others.--
613     (1)  When a hospital refers an individual at or near death
614to a procurement organization, the organization shall make a
615reasonable search of the records of the statewide organ and
616tissue donor registry and any donor registry that the
617organization knows exists for the geographical area in which the
618individual resides to ascertain whether the individual has made
619an anatomical gift.
620     (2)  A procurement organization must be allowed reasonable
621access to information in the records of the statewide organ and
622tissue donor registry to ascertain whether an individual at or
623near death is a donor.
624     (3)  When a hospital refers an individual at or near death
625to a procurement organization, the organization may conduct any
626reasonable examination necessary to ensure the medical
627suitability of a part that is or could be the subject of an
628anatomical gift for transplantation, therapy, research, or
629education from a donor or a prospective donor. During the
630examination period, measures necessary to ensure the medical
631suitability of the part may not be withdrawn unless the hospital
632or procurement organization knows that the individual expressed
633a contrary intent.
634     (4)  Unless prohibited by law other than ss. 765.5101-
635765.5125, at any time after a donor's death, the person to whom
636a part passes under s. 765.5111 may conduct any reasonable
637examination necessary to ensure the medical suitability of the
638body or part for its intended purpose.
639     (5)  Unless prohibited by law other than ss. 765.5101-
640765.5125, an examination under subsection (3) or subsection (4)
641may include an examination of all medical and dental records of
642the donor or prospective donor.
643     (6)  Upon the death of a minor who was a donor or had
644signed a refusal, unless a procurement organization knows the
645minor is emancipated, the procurement organization shall conduct
646a reasonable search for the parents of the minor and provide the
647parents with an opportunity to revoke or amend the anatomical
648gift or revoke the refusal.
649     (7)  Upon referral by a hospital under subsection (1), a
650procurement organization shall make a reasonable search for any
651person listed in s. 765.5109 having priority to make an
652anatomical gift on behalf of a prospective donor. If a
653procurement organization receives information that an anatomical
654gift to any other person was made, amended, or revoked, it shall
655promptly advise the other person of all relevant information.
656     (8)  Subject to s. 765.5111(9) and s. 765.5123, the rights
657of the person to whom a part passes under s. 765.5111 are
658superior to the rights of all others with respect to the part.
659The person may accept or reject an anatomical gift in whole or
660in part. Subject to the terms of the document of gift and ss.
661765.5101-765.5125, a person who accepts an anatomical gift of an
662entire body may allow embalming, burial, or cremation, and use
663of remains in a funeral service. If the gift is of a part, the
664person to whom the part passes under s. 765.5111, upon the death
665of the donor and before embalming, burial, or cremation, shall
666cause the part to be removed without unnecessary mutilation.
667     (9)  Neither the physician who attends the decedent at
668death nor the physician who determines the time of the
669decedent's death may participate in the procedures for removing
670or transplanting a part from the decedent.
671     (10)  A physician or technician may remove a donated part
672from the body of a donor that the physician or technician is
673qualified to remove.
674     Section 15.  Section 765.5115, Florida Statutes, is created
675to read:
676     765.5115  Coordination of procurement and use.--Each
677hospital in this state shall enter into agreements or
678affiliations with procurement organizations for coordination of
679procurement and use of anatomical gifts.
680     Section 16.  Section 765.5117, Florida Statutes, is created
681to read:
682     765.5117  Prohibited acts.--A person who, in order to
683obtain financial gain, intentionally falsifies, forges,
684conceals, defaces, or obliterates a document of gift, an
685amendment or revocation of a document of gift, or a refusal
686commits a felony of the third degree, punishable as provided in
687s. 775.082, s. 775.083, or s. 775.084.
688     Section 17.  Section 765.5118, Florida Statutes, is created
689to read:
690     765.5118  Immunity.--
691     (1)  A person who acts in accordance with ss. 765.5101-
692765.5125 or with the applicable anatomical gift law of another
693state, or attempts in good faith to do so, is not liable for
694such an act in a civil action, criminal prosecution, or
695administrative proceeding.
696     (2)  Neither the person making an anatomical gift nor the
697donor's estate is liable for any injury or damage that results
698from the making or use of the gift.
699     (3)  In determining whether an anatomical gift has been
700made, amended, or revoked under ss. 765.5101-765.5125, a person
701may rely upon representations of an individual listed in s.
702765.5109(1)(b), (c), (d), (e), (f), (g), or (h) relating to the
703individual's relationship to the donor or prospective donor
704unless the person knows that the representation is untrue.
705     Section 18.  Section 765.5119, Florida Statutes, is created
706to read:
707     765.5119  Law governing validity; choice of law as to
708execution of a document of gift; presumption of validity.--
709     (1)  A document of gift is valid if executed in accordance
710with:
711     (a)  Sections 765.5101-765.5125;
712     (b)  The laws of the state or country where it was
713executed; or
714     (c)  The laws of the state or country where the person
715making the anatomical gift was domiciled, has a place of
716residence, or was a national at the time the document of gift
717was executed.
718     (2)  If a document of gift is valid under this section, the
719law of this state governs the interpretation of the document of
720gift.
721     (3)  A person may presume that a document of gift or
722amendment of an anatomical gift is valid unless that person
723knows that it was not validly executed or was revoked.
724     Section 19.  Section 765.5155, Florida Statutes, is
725transferred and renumbered as s. 765.5120, Florida Statutes.
726     Section 20.  Section 765.51551, Florida Statutes, is
727transferred and renumbered as 765.51201, Florida Statutes.
728     Section 21.  Section 765.5121, Florida Statutes, is created
729to read:
730     765.5121  Effect of an anatomical gift on an advance
731healthcare directive.--
732     (1)  As used in this section, the term:
733     (a)  "Advance healthcare directive" means a power of
734attorney for healthcare or a record signed or authorized by a
735prospective donor containing the prospective donor's direction
736concerning a healthcare decision for the prospective donor.
737     (b)  "Declaration" means a record signed by a prospective
738donor specifying the circumstances under which life support
739services may be withheld or withdrawn from the prospective
740donor.
741     (c)  "Healthcare decision" means any decision regarding the
742health care of the prospective donor.
743     (2)  If a prospective donor has a declaration or advance
744healthcare directive and the terms of the declaration or
745directive and the express or implied terms of a potential
746anatomical gift are in conflict with regard to the
747administration of measures necessary to ensure the medical
748suitability of a part for transplantation or therapy, the
749prospective donor's attending physician and prospective donor
750shall confer to resolve the conflict. If the prospective donor
751is incapable of resolving the conflict, an agent acting under
752the prospective donor's declaration or directive, or, if none or
753the agent is not reasonably available, another person authorized
754by law other than ss. 765.5101-765.5125 to make healthcare
755decisions on behalf of the prospective donor, shall act for the
756donor to resolve the conflict. The conflict must be resolved as
757expeditiously as possible. Information relevant to the
758resolution of the conflict may be obtained from the appropriate
759procurement organization and any other person authorized to make
760an anatomical gift for the prospective donor under s. 765.5109.
761Before resolution of the conflict, measures necessary to ensure
762the medical suitability of the part may not be withheld or
763withdrawn from the prospective donor if withholding or
764withdrawing the measures is not contraindicated by appropriate
765end-of-life care.
766     Section 22.  Section 765.5122, Florida Statutes, is created
767to read:
768     765.5122  Cooperation between medical examiners and
769procurement organizations.--
770     (1)  A medical examiner shall cooperate with procurement
771organizations to maximize the opportunity to recover anatomical
772gifts for the purpose of transplantation, therapy, research, or
773education.
774     (2)  If a medical examiner receives notice from a
775procurement organization that an anatomical gift might be
776available or was made with respect to a decedent whose body is
777under the jurisdiction of the medical examiner and a postmortem
778examination is going to be performed, unless the medical
779examiner denies recovery in accordance with s. 765.5123, the
780medical examiner or designee shall conduct a postmortem
781examination of the body or the part in a manner and within a
782period compatible with its preservation for the purposes of the
783gift.
784     (3)  A part may not be removed from the body of a decedent
785under the jurisdiction of a medical examiner for
786transplantation, therapy, research, or education unless the part
787is the subject of an anatomical gift. The body of a decedent
788under the jurisdiction of the medical examiner may not be
789delivered to a person for research or education unless the body
790is the subject of an anatomical gift. This subsection does not
791preclude a medical examiner from performing the medicolegal
792investigation upon the body or parts of a decedent under the
793jurisdiction of the medical examiner.
794     Section 23.  Section 765.5123, Florida Statutes, is created
795to read:
796     765.5123  Facilitation of an anatomical gift from a
797decedent whose body is under the jurisdiction of a medical
798examiner.--
799     (1)  Upon request of a procurement organization, a medical
800examiner shall release to the procurement organization the name,
801contact information, and available medical and social history of
802a decedent whose body is under the jurisdiction of the medical
803examiner. If the decedent's body or part is medically suitable
804for transplantation, therapy, research, or education, the
805medical examiner shall release postmortem examination results to
806the procurement organization. The procurement organization may
807make a subsequent disclosure of the postmortem examination
808results or other information received from the medical examiner
809only if relevant to transplantation or therapy.
810     (2)  The medical examiner may conduct a medicolegal
811examination by reviewing all medical records, laboratory test
812results, X rays, other diagnostic results, and other information
813that any person possesses about a donor or prospective donor
814whose body is under the jurisdiction of the medical examiner
815which the medical examiner determines may be relevant to the
816investigation.
817     (3)  A person who has any information requested by a
818medical examiner pursuant to subsection (2) shall provide that
819information as expeditiously as possible to allow the medical
820examiner to conduct the medicolegal investigation within a
821period compatible with the preservation of parts for the purpose
822of transplantation, therapy, research, or education.
823     (4)  If an anatomical gift has been or might be made of a
824part of a decedent whose body is under the jurisdiction of the
825medical examiner and a postmortem examination is not required,
826or the medical examiner determines that a postmortem examination
827is required but that the recovery of the part that is the
828subject of an anatomical gift will not interfere with the
829examination, the medical examiner and procurement organization
830shall cooperate in the timely removal of the part from the
831decedent for the purpose of transplantation, therapy, research,
832or education.
833     (5)  If an anatomical gift of a part from the decedent
834under the jurisdiction of the medical examiner has been or might
835be made, but the medical examiner initially believes that the
836recovery of the part could interfere with the postmortem
837investigation into the decedent's cause or manner of death, the
838medical examiner shall consult with the procurement organization
839or physician or technician designated by the procurement
840organization about the proposed recovery. After consultation,
841the medical examiner may allow the recovery.
842     (6)  After the consultation under subsection (5), in the
843absence of mutually agreed-upon protocols to resolve conflict
844between the medical examiner and the procurement organization,
845if the medical examiner intends to deny recovery, the medical
846examiner or designee, at the request of the procurement
847organization, shall attend the removal procedure for the part
848before making a final determination not to allow the procurement
849organization to recover the part. During the removal procedure,
850the medical examiner or designee may allow recovery by the
851procurement organization to proceed or, if the medical examiner
852or designee reasonably believes that the part may be involved in
853determining the decedent's cause or manner of death, may deny
854recovery by the procurement organization.
855     (7)  If the medical examiner or designee denies recovery
856under subsection (6), the medical examiner or designee shall:
857     (a)  Explain in a record the specific reasons for not
858allowing recovery of the part.
859     (b)  Include the specific reasons in the records of the
860medical examiner.
861     (c)  Provide a record with the specific reasons to the
862procurement organization.
863     (8)  If the medical examiner or designee allows recovery of
864a part under subsection (4), subsection (5), or subsection (6),
865the procurement organization shall, upon request, cause the
866physician or technician who removes the part to provide the
867medical examiner with a record describing the condition of the
868part, a biopsy, a photograph, and any other information and
869observations that would assist in the postmortem examination.
870     (9)  If a medical examiner or designee is required to be
871present at a removal procedure under subsection (6), upon
872request the procurement organization requesting the recovery of
873the part shall reimburse the medical examiner or designee for
874the additional costs incurred in complying with subsection (6).
875     Section 24.  Section 765.5124, Florida Statutes, is created
876to read:
877     765.5124  Uniformity of application and construction.--In
878applying and construing this uniform act, consideration must be
879given to the need to promote uniformity of the law with respect
880to its subject matter among states that enact it.
881     Section 25.  Section 765.5125, Florida Statutes, is created
882to read:
883     765.5125  Relation to Electronic Signatures in Global and
884National Commerce Act.--Sections 765.5101-765.5125 modify,
885limit, and supersede the Electronic Signatures in Global and
886National Commerce Act, 15 U.S.C. ss. 7001 et seq., but do not
887modify, limit, or supersede s. 101(a) of that act, 15 U.S.C. s.
8887001, or authorize electronic delivery of any of the notices
889described in s. 103(b) of that act, 15 U.S.C. s. 7003(b).
890     Section 26.  Sections 765.510, 765.511, 765.512, 765.513,
891765.514, 765.515, 765.516, and 765.517, Florida Statutes, are
892repealed.
893     Section 27.  Paragraph (c) of subsection (2) of section
894381.0041, Florida Statutes, is amended to read:
895     381.0041  Donation and transfer of human tissue; testing
896requirements.--
897     (2)  Notwithstanding the provisions of subsection (1),
898written, informed consent to perform testing shall not be
899required:
900     (c)  When an unrevoked anatomical gift has been made
901pursuant to s. 765.5105 765.514, by will or other written
902instrument, and the donor is deceased or incompetent.
903     Section 28.  Subsection (1) of section 765.521, Florida
904Statutes, is amended to read:
905     765.521  Donations as part of driver license or
906identification card process.--
907     (1)  The Agency for Health Care Administration and the
908Department of Highway Safety and Motor Vehicles shall develop
909and implement a program encouraging and allowing persons to make
910anatomical gifts as a part of the process of issuing
911identification cards and issuing and renewing driver licenses.
912The donor registration card distributed by the Department of
913Highway Safety and Motor Vehicles shall include the information
914required by the uniform donor card under s. 765.5105(1)(a)
915765.514 and such additional information as determined necessary
916by the department. The department shall also develop and
917implement a program to identify donors, which includes notations
918on identification cards, driver licenses, and driver records or
919such other methods as the department develops to clearly
920indicate the individual's intent to donate the individual's
921organs, tissues, or eyes. A notation on an individual's driver
922license or identification card that the individual intends to
923donate organs, tissues, or eyes satisfies all requirements for
924consent to organ or tissue donation. The Agency for Health Care
925Administration shall provide the necessary supplies and forms
926from funds appropriated from general revenue or contributions
927from interested voluntary, nonprofit organizations. The
928department shall provide the necessary recordkeeping system from
929funds appropriated from general revenue. The Department of
930Highway Safety and Motor Vehicles and the Agency for Health Care
931Administration shall incur no liability in connection with the
932performance of any acts authorized herein.
933     Section 29.  Subsections (2) and (3) of section 765.522,
934Florida Statutes, are amended to read:
935     765.522  Duty of certain hospital administrators; liability
936of hospital administrators, organ procurement organizations, eye
937banks, and tissue banks.--
938     (2)  Where, based on accepted medical standards, a hospital
939patient is a suitable candidate for organ or tissue donation,
940the hospital administrator or the hospital administrator's
941designee shall, at or near the time of death, notify the
942appropriate organ, eye, or tissue recovery program, which shall
943access the organ and tissue donor registry created by s.
944765.5120 765.5155 to ascertain the existence of an entry in the
945registry that has not been revoked, a donor card, or a document
946executed by the decedent. In the absence of an entry in the
947donor registry, donor card, organ donation sticker or organ
948donation imprint on a driver's license, or other properly
949executed document, the organ, eye, or tissue recovery program
950shall request:
951     (a)  The patient's health care surrogate, as authorized in
952s. 765.5109(4) 765.512(2); or
953     (b)  If the patient does not have a surrogate, or the
954surrogate is not reasonably available, any of the persons
955specified in s. 765.5109(1) 765.512(3), in the order and manner
956listed,
957
958to consent to the gift of all or any part of the decedent's body
959for any purpose specified in this part. Except as provided in s.
960765.5109 765.512, in the absence of actual notice of opposition,
961consent need only be obtained from the person or persons in the
962highest priority class reasonably available.
963     (3)  A gift made pursuant to a request required by this
964section shall be executed pursuant to s. 765.5110 765.514.
965     Section 30.  This act shall take effect October 1, 2009.


CODING: Words stricken are deletions; words underlined are additions.