| 1 | A bill to be entitled |
| 2 | An act relating to the Revised Uniform Anatomical Gift |
| 3 | Act; creating s. 765.5101, F.S.; providing a short title; |
| 4 | creating s. 765.5102, F.S.; providing definitions; |
| 5 | creating s. 765.5103, F.S.; providing that the revised act |
| 6 | applies to an anatomical gift or amendment to, revocation |
| 7 | of, or refusal to make an anatomical gift, whenever made; |
| 8 | creating s. 765.5104, F.S.; specifying who may make an |
| 9 | anatomical gift before the donor's death; creating s. |
| 10 | 765.5105, F.S.; providing the manner of making an |
| 11 | anatomical gift before the donor's death; creating s. |
| 12 | 765.5106, F.S.; providing for amending or revoking an |
| 13 | anatomical gift before the donor's death; creating s. |
| 14 | 765.5107, F.S.; specifying the manner of refusal to make |
| 15 | an anatomical gift; providing the effect of such a |
| 16 | refusal; creating s. 765.5108, F.S.; providing for the |
| 17 | preclusive effect of an anatomical gift, amendment, or |
| 18 | revocation in certain circumstances; providing exceptions; |
| 19 | creating s. 765.5109, F.S.; specifying who may make an |
| 20 | anatomical gift of a decedent's body or part; creating s. |
| 21 | 765.5110, F.S.; specifying the manner of making, amending, |
| 22 | or revoking an anatomical gift of a decedent's body or |
| 23 | part; creating s. 765.5111, F.S.; specifying persons that |
| 24 | may receive an anatomical gift; providing for the purpose |
| 25 | of an anatomical gift; providing that a person may not |
| 26 | accept an anatomical gift if the person knows that the |
| 27 | gift was not effectively made under specified provisions |
| 28 | or if the person knows that the decedent made a refusal |
| 29 | that was not revoked; creating s. 765.5112, F.S.; |
| 30 | requiring specified persons to make a reasonable search of |
| 31 | an individual who the person reasonably believes is dead |
| 32 | or near death for a document of gift or other information |
| 33 | identifying the individual as a donor or as an individual |
| 34 | who made a refusal; providing duties if a document of gift |
| 35 | or a refusal to make an anatomical gift is located; |
| 36 | providing immunity from criminal or civil liability for |
| 37 | failure to discharge specified duties; creating s. |
| 38 | 765.5113, F.S.; providing that delivery of a document of |
| 39 | gift is not a requirement for its effectiveness; requiring |
| 40 | a person in possession of a document of gift or a refusal |
| 41 | to make an anatomical gift with respect to the individual |
| 42 | to allow examination and copying of the document; creating |
| 43 | s. 765.5114, F.S.; specifying rights and duties of |
| 44 | procurement organizations when an individual has been |
| 45 | referred to them; allowing the person to whom a part |
| 46 | passes under specified provisions to conduct any |
| 47 | reasonable examination necessary to ensure the medical |
| 48 | suitability of the body or part for its intended purpose |
| 49 | unless otherwise prohibited; requiring a procurement |
| 50 | organization, upon the death of a minor who was a donor or |
| 51 | who had refused, to conduct a reasonable search for the |
| 52 | parents of the minor and provide them with an opportunity |
| 53 | to revoke or amend the gift or revoke the refusal; |
| 54 | providing that the rights of the person to whom a part |
| 55 | passes under a specified provision are superior to the |
| 56 | rights of all others with respect to the part; prohibiting |
| 57 | both the physician who attends the decedent at death and |
| 58 | the physician who determines the time of death from |
| 59 | participating in removing or transplanting a part; |
| 60 | creating s. 765.5115, F.S.; requiring each hospital in |
| 61 | this state to enter into agreements or affiliations with |
| 62 | procurement organizations for specified purposes; creating |
| 63 | s. 765.5117, F.S.; prohibiting intentional falsification, |
| 64 | forgery, and other acts concerning a document of gift, an |
| 65 | amendment or revocation of a document of gift, or a |
| 66 | refusal in order to obtain a financial gain; providing |
| 67 | criminal penalties; creating s. 765.5118, F.S.; providing |
| 68 | immunity in a civil action, criminal prosecution, or |
| 69 | administrative proceeding to a person who acts in |
| 70 | accordance with the act or with the applicable anatomical |
| 71 | gift law of another state, or attempts in good faith to do |
| 72 | so; providing immunity from liability to the donor and the |
| 73 | donor's estate for use of the gift; permitting reliance on |
| 74 | specified representations in determining whether an |
| 75 | anatomical gift has been made, amended, or revoked; |
| 76 | creating s. 765.5119, F.S.; specifying the law governing |
| 77 | validity of a document of gift; providing for the law |
| 78 | governing the interpretation of a document of gift in |
| 79 | certain circumstances; providing a presumption of |
| 80 | validity; renumbering s. 765.5155, F.S., relating to the |
| 81 | organ and tissue donor registry, as s. 765.5120, F.S.; |
| 82 | renumbering s. 765.51551, F.S., relating to an organ and |
| 83 | tissue donor registry public records exemption, as s. |
| 84 | 765.51201, F.S.; creating s. 765.5121, F.S.; providing for |
| 85 | the effect of an anatomical gift on an advance healthcare |
| 86 | directive; creating s. 765.5122, F.S.; requiring |
| 87 | cooperation between medical examiners and procurement |
| 88 | organizations; creating s. 765.5123, F.S.; providing for |
| 89 | facilitation of anatomical gifts from decedents whose |
| 90 | bodies are under the jurisdiction of medical examiners; |
| 91 | requiring persons with information requested by a medical |
| 92 | examiner conducting a medicolegal examination about a |
| 93 | donor or prospective donor whose body is under the |
| 94 | examiner's jurisdiction to provide that information as |
| 95 | expeditiously as possible; requiring a medical examiner |
| 96 | and procurement organization to cooperate in the timely |
| 97 | removal of a part when recovery of the part will not |
| 98 | interfere with the examination; requiring consultation |
| 99 | between a medical examiner and a procurement organization |
| 100 | when the medical examiner believes that recovery of the |
| 101 | part could interfere with the postmortem investigation |
| 102 | into the decedent's cause or manner of death; requiring a |
| 103 | medical examiner who intends to deny recovery to attend, |
| 104 | if requested, the removal procedure for the part before |
| 105 | making a final determination not to allow recovery of the |
| 106 | part; requiring a medical examiner denying recovery to |
| 107 | make specified recorded findings; requiring a procurement |
| 108 | organization in certain circumstances, upon request, to |
| 109 | provide the medical examiner with a records concerning a |
| 110 | part assist in the postmortem examination; requiring a |
| 111 | procurement organization to reimburse a medical examiner |
| 112 | for additional costs incurred by the examiner who is |
| 113 | required to be present in certain circumstances; creating |
| 114 | s. 765.5124, F.S.; providing for uniformity of application |
| 115 | and construction of the revised act; creating s. 765.5125, |
| 116 | F.S.; providing for relation of the revised act to the |
| 117 | Electronic Signatures in Global and National Commerce Act; |
| 118 | repealing s. 765.510, F.S., relating to a legislative |
| 119 | declaration; repealing s. 765.511, F.S., relating to |
| 120 | definitions; repealing s. 765.512, F.S., relating to |
| 121 | persons who may make an anatomical gift; repealing s. |
| 122 | 765.513, F.S., relating to persons and entities that may |
| 123 | become donees and purposes for which anatomical gifts may |
| 124 | be made; repealing s. 765.514, F.S., relating to manner of |
| 125 | making anatomical gifts; repealing s. 765.515, F.S., |
| 126 | relating to delivery of a donor document; repealing s. |
| 127 | 765.516, F.S., relating to amendment of the terms of or |
| 128 | the revocation of the gift; repealing s. 765.517, F.S., |
| 129 | relating to rights and duties at death; amending ss. |
| 130 | 381.0041, 765.521, and 765.522, F.S.; revising cross- |
| 131 | references to conform to changes made by the act; |
| 132 | providing an effective date. |
| 133 |
|
| 134 | Be It Enacted by the Legislature of the State of Florida: |
| 135 |
|
| 136 | Section 1. Section 765.5101, Florida Statutes, is created |
| 137 | to read: |
| 138 | 765.5101 Short title.--Sections 765.5101-765.5125 may be |
| 139 | cited as the "Revised Uniform Anatomical Gift Act." |
| 140 | Section 2. Section 765.5102, Florida Statutes, is created |
| 141 | to read: |
| 142 | 765.5102 Definitions.--As used in ss. 765.5101-765.5125, |
| 143 | the term: |
| 144 | (1) "Adult" means an individual who is at least 18 years |
| 145 | of age. |
| 146 | (2) "Agent" means an individual who is: |
| 147 | (a) Authorized to make healthcare decisions on the |
| 148 | principal's behalf by a power of attorney for healthcare; or |
| 149 | (b) Expressly authorized to make an anatomical gift on the |
| 150 | principal's behalf by any other record signed by the principal. |
| 151 | (3) "Anatomical gift" means a donation of all or part of a |
| 152 | human body to take effect after the donor's death for the |
| 153 | purpose of transplantation, therapy, research, or education. |
| 154 | (4) "Decedent" means a deceased individual whose body or |
| 155 | part is or may be the source of an anatomical gift. The term |
| 156 | includes a stillborn infant and, subject to restrictions imposed |
| 157 | by law other than ss. 765.5101-765.5125, a fetus. |
| 158 | (5) "Disinterested witness" means a witness other than a |
| 159 | spouse, child, parent, sibling, grandchild, grandparent, or |
| 160 | guardian of the individual who makes, amends, revokes, or |
| 161 | refuses to make an anatomical gift, or another adult who |
| 162 | exhibited special care and concern for the individual. The term |
| 163 | does not include a person to whom an anatomical gift could pass |
| 164 | under s. 765.5111. |
| 165 | (6) "Document of gift" means a donor card or other record |
| 166 | used to make an anatomical gift and includes a statement or |
| 167 | symbol on a driver's license, identification card, or donor |
| 168 | registry. |
| 169 | (7) "Donor" means an individual whose body or part is the |
| 170 | subject of an anatomical gift. |
| 171 | (8) "Donor registry" means a database that contains |
| 172 | records of anatomical gifts and amendments to or revocations of |
| 173 | anatomical gifts. |
| 174 | (9) "Driver's license" means a license or permit issued by |
| 175 | the Department of Highway Safety and Motor Vehicles to operate a |
| 176 | vehicle, whether or not conditions are attached to the license |
| 177 | or permit. |
| 178 | (10) "Eye bank" means a person licensed, accredited, or |
| 179 | regulated under federal or state law to engage in the recovery, |
| 180 | screening, testing, processing, storage, or distribution of |
| 181 | human eyes or portions of human eyes. |
| 182 | (11) "Guardian" means a person appointed by a court to |
| 183 | make decisions regarding the support, care, education, health, |
| 184 | or welfare of an individual. The term does not include a |
| 185 | guardian ad litem. |
| 186 | (12) "Hospital" means a facility licensed as a hospital |
| 187 | under the law of any state or a facility operated as a hospital |
| 188 | by the United States, a state, or a subdivision of a state. |
| 189 | (13) "Identification card" means an identification card |
| 190 | issued 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 |
| 193 | designated by the Secretary of the United States Department of |
| 194 | Health and Human Services as an organ procurement organization. |
| 195 | (16) "Parent" means a parent whose parental rights have |
| 196 | not been terminated. |
| 197 | (17) "Part" means an organ, an eye, or tissue of a human |
| 198 | being. The term does not include the whole body. |
| 199 | (18) "Person" means an individual, corporation, business |
| 200 | trust, estate, trust, partnership, limited liability company, |
| 201 | association, joint venture, public corporation, government or |
| 202 | governmental subdivision, agency, or instrumentality or any |
| 203 | other legal or commercial entity. |
| 204 | (19) "Physician" means an individual authorized to |
| 205 | practice medicine or osteopathy under the law of any state. |
| 206 | (20) "Procurement organization" means an eye bank, organ |
| 207 | procurement organization, or tissue bank. |
| 208 | (21) "Prospective donor" means an individual who is dead |
| 209 | or near death and who has been determined by a procurement |
| 210 | organization to have a part that could be medically suitable for |
| 211 | transplantation, therapy, research, or education. The term does |
| 212 | not include an individual who has made a refusal. |
| 213 | (22) "Reasonably available" means able to be contacted by |
| 214 | a procurement organization without undue effort and willing and |
| 215 | able to act in a timely manner consistent with existing medical |
| 216 | criteria necessary for the making of an anatomical gift. |
| 217 | (23) "Recipient" means an individual into whose body a |
| 218 | decedent's part has been or is intended to be transplanted. |
| 219 | (24) "Record" means information that is inscribed on a |
| 220 | tangible medium or that is stored in an electronic or other |
| 221 | medium and is retrievable in perceivable form. |
| 222 | (25) "Refusal" means a record created under s. 765.5107 |
| 223 | that expressly states an intent to bar other persons from making |
| 224 | an anatomical gift of an individual's body or part. |
| 225 | (26) "Sign" means, with the present intent to authenticate |
| 226 | or 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 |
| 229 | electronic symbol, sound, or process. |
| 230 | (27) "State" means a state of the United States, the |
| 231 | District of Columbia, Puerto Rico, the United States Virgin |
| 232 | Islands, or any territory or insular possession subject to the |
| 233 | jurisdiction of the United States. |
| 234 | (28) "Technician" means an individual determined to be |
| 235 | qualified to remove or process parts by an appropriate |
| 236 | organization that is licensed, accredited, or regulated under |
| 237 | federal or state law. The term includes an enucleator. |
| 238 | (29) "Tissue" means a portion of the human body other than |
| 239 | an organ or an eye. The term does not include blood unless the |
| 240 | blood is donated for the purpose of research or education. |
| 241 | (30) "Tissue bank" means a person licensed, accredited, or |
| 242 | regulated under federal or state law to engage in the recovery, |
| 243 | screening, testing, processing, storage, or distribution of |
| 244 | tissue. |
| 245 | (31) "Transplant hospital" means a hospital that furnishes |
| 246 | organ transplants and other medical and surgical specialty |
| 247 | services required for the care of transplant patients. |
| 248 | Section 3. Section 765.5103, Florida Statutes, is created |
| 249 | to read: |
| 250 | 765.5103 Applicability.--Sections 765.5101-765.5125 apply |
| 251 | to an anatomical gift or amendment to, revocation of, or refusal |
| 252 | to make an anatomical gift, whenever made. |
| 253 | Section 4. Section 765.5104, Florida Statutes, is created |
| 254 | to read: |
| 255 | 765.5104 Persons who may make an anatomical gift before |
| 256 | the donor's death.--Subject to s. 765.5108, an anatomical gift |
| 257 | of a donor's body or part may be made during the life of the |
| 258 | donor for the purpose of transplantation, therapy, research, or |
| 259 | education in the manner provided in s. 765.5105 by: |
| 260 | (1) The donor, if the donor is an adult or if the donor is |
| 261 | a minor and is: |
| 262 | (a) Emancipated; or |
| 263 | (b) Authorized under state law to apply for a driver's |
| 264 | license because the donor is at least 16 years of age. |
| 265 | (2) An agent of the donor, unless the power of attorney |
| 266 | for healthcare or other record prohibits the agent from making |
| 267 | an anatomical gift. |
| 268 | (3) A parent of the donor, if the donor is an |
| 269 | unemancipated minor. |
| 270 | (4) The donor's guardian. |
| 271 | Section 5. Section 765.5105, Florida Statutes, is created |
| 272 | to read: |
| 273 | 765.5105 Manner of making an anatomical gift before the |
| 274 | donor's death.-- |
| 275 | (1) A donor may make an anatomical gift: |
| 276 | (a) By authorizing a statement or symbol indicating that |
| 277 | the donor has made an anatomical gift to be imprinted on the |
| 278 | donor's driver's license or identification card; |
| 279 | (b) In a will; |
| 280 | (c) During a terminal illness or injury of the donor, by |
| 281 | any form of communication addressed to at least two adults, at |
| 282 | least 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 |
| 285 | anatomical gift under s. 765.5104 may make a gift by a donor |
| 286 | card or other record signed by the donor or other person making |
| 287 | the gift or by authorizing that a statement or symbol indicating |
| 288 | that the donor has made an anatomical gift be included on a |
| 289 | donor registry. If the donor or other person is physically |
| 290 | unable to sign a record, the record may be signed by another |
| 291 | individual at the direction of the donor or other person and |
| 292 | must: |
| 293 | (a) Be witnessed by at least two adults, at least one of |
| 294 | whom is a disinterested witness, who have signed at the request |
| 295 | of the donor or the other person. |
| 296 | (b) State that it has been signed and witnessed as |
| 297 | provided in paragraph (a). |
| 298 | (3) Revocation, suspension, expiration, or cancellation of |
| 299 | a driver's license or identification card upon which an |
| 300 | anatomical gift is indicated does not invalidate the gift. |
| 301 | (4) An anatomical gift made by will takes effect upon the |
| 302 | donor's death whether or not the will is probated. Invalidation |
| 303 | of the will after the donor's death does not invalidate the |
| 304 | gift. |
| 305 | Section 6. Section 765.5106, Florida Statutes, is created |
| 306 | to read: |
| 307 | 765.5106 Amending or revoking an anatomical gift before |
| 308 | the donor's death.-- |
| 309 | (1) Subject to s. 765.5108, a donor or other person |
| 310 | authorized to make an anatomical gift under s. 765.5104 may |
| 311 | amend 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 |
| 316 | the direction of the donor or the other person if the donor or |
| 317 | other person is physically unable to sign; or |
| 318 | (b) A later-executed document of gift that amends or |
| 319 | revokes a previous anatomical gift or portion of an anatomical |
| 320 | gift, either expressly or by inconsistency. |
| 321 | (2) A record signed pursuant to subparagraph (1)(a)3. |
| 322 | must: |
| 323 | (a) Be witnessed by at least two adults, at least one of |
| 324 | whom is a disinterested witness, who have signed at the request |
| 325 | of the donor or the other person. |
| 326 | (b) State that it has been signed and witnessed as |
| 327 | provided in paragraph (a). |
| 328 | (3) Subject to s. 765.5108, a donor or other person |
| 329 | authorized to make an anatomical gift under s. 765.5104 may |
| 330 | revoke an anatomical gift by the destruction or cancellation of |
| 331 | the document of gift, or the portion of the document of gift |
| 332 | used to make the gift, with the intent to revoke the gift. |
| 333 | (4) A donor may amend or revoke an anatomical gift that |
| 334 | was not made in a will by any form of communication during a |
| 335 | terminal illness or injury addressed to at least two adults, at |
| 336 | least one of whom is a disinterested witness. |
| 337 | (5) A donor who makes an anatomical gift in a will may |
| 338 | amend or revoke the gift in the manner provided for amendment or |
| 339 | revocation of wills or as provided in subsection (1). |
| 340 | Section 7. Section 765.5107, Florida Statutes, is created |
| 341 | to read: |
| 342 | 765.5107 Refusal to make an anatomical gift; effect of |
| 343 | refusal.-- |
| 344 | (1) An individual may refuse to make an anatomical gift of |
| 345 | the 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 |
| 349 | the direction of the individual if the individual is physically |
| 350 | unable to sign; |
| 351 | (b) The individual's will, whether or not the will is |
| 352 | admitted to probate or invalidated after the individual's death; |
| 353 | or |
| 354 | (c) Any form of communication made by the individual |
| 355 | during the individual's terminal illness or injury addressed to |
| 356 | at least two adults, at least one of whom is a disinterested |
| 357 | witness. |
| 358 | (2) A record signed pursuant to subparagraph (1)(a)2. |
| 359 | must: |
| 360 | (a) Be witnessed by at least two adults, at least one of |
| 361 | whom is a disinterested witness, who have signed at the request |
| 362 | of the individual. |
| 363 | (b) State that it has been signed and witnessed as |
| 364 | provided in paragraph (a). |
| 365 | (3) An individual who has made a refusal may amend or |
| 366 | revoke the refusal: |
| 367 | (a) In the manner provided in subsection (1) for making a |
| 368 | refusal; |
| 369 | (b) By subsequently making an anatomical gift pursuant to |
| 370 | s. 765.5105 that is inconsistent with the refusal; or |
| 371 | (c) By destroying or canceling the record evidencing the |
| 372 | refusal, or the portion of the record used to make the refusal, |
| 373 | with the intent to revoke the refusal. |
| 374 | (4) Except as otherwise provided in s. 765.5108(8), in the |
| 375 | absence of an express, contrary indication by the individual set |
| 376 | forth in the refusal, an individual's unrevoked refusal to make |
| 377 | an anatomical gift of the individual's body or part bars all |
| 378 | other persons from making an anatomical gift of the individual's |
| 379 | body or part. |
| 380 | Section 8. Section 765.5108, Florida Statutes, is created |
| 381 | to read: |
| 382 | 765.5108 Preclusive effect of an anatomical gift, |
| 383 | amendment, or revocation.-- |
| 384 | (1) Except as otherwise provided in subsection (7) and |
| 385 | subject to subsection (6), in the absence of an express, |
| 386 | contrary indication by the donor, a person other than the donor |
| 387 | is barred from making, amending, or revoking an anatomical gift |
| 388 | of a donor's body or part if the donor made an anatomical gift |
| 389 | of the donor's body or part under s. 765.5105 or an amendment to |
| 390 | an anatomical gift of the donor's body or part under s. |
| 391 | 765.5106. |
| 392 | (2) A donor's revocation of an anatomical gift of the |
| 393 | donor's body or part under s. 765.5106 is not a refusal and does |
| 394 | not bar another person specified in s. 765.5104 or s. 765.5109 |
| 395 | from making an anatomical gift of the donor's body or part under |
| 396 | s. 765.5105 or s. 765.5110. |
| 397 | (3) If a person other than the donor makes an unrevoked |
| 398 | anatomical gift of the donor's body or part under s. 765.5105 or |
| 399 | an amendment to an anatomical gift of the donor's body or part |
| 400 | under s. 765.5106, another person may not make, amend, or revoke |
| 401 | the 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 |
| 403 | or part under s. 765.5106 by a person other than the donor does |
| 404 | not bar another person from making an anatomical gift of the |
| 405 | body or part under s. 765.5105 or s. 765.5110. |
| 406 | (5) In the absence of an express, contrary indication by |
| 407 | the donor or other person authorized to make an anatomical gift |
| 408 | under s. 765.5104, an anatomical gift of a part is neither a |
| 409 | refusal to give another part nor a limitation on the making of |
| 410 | an anatomical gift of another part at a later time by the donor |
| 411 | or another person. |
| 412 | (6) In the absence of an express, contrary indication by |
| 413 | the donor or other person authorized to make an anatomical gift |
| 414 | under s. 765.5104, an anatomical gift of a part for one or more |
| 415 | of the purposes set forth in s. 765.5104 is not a limitation on |
| 416 | the making of an anatomical gift of the part for any of the |
| 417 | other purposes by the donor or any other person under s. |
| 418 | 765.5105 or s. 765.5110. |
| 419 | (7) If a donor who is an unemancipated minor dies, a |
| 420 | parent of the donor who is reasonably available may revoke or |
| 421 | amend an anatomical gift of the donor's body or part. |
| 422 | (8) If an unemancipated minor who signed a refusal dies, a |
| 423 | parent of the minor who is reasonably available may revoke the |
| 424 | minor's refusal. |
| 425 | Section 9. Section 765.5109, Florida Statutes, is created |
| 426 | to read: |
| 427 | 765.5109 Who may make an anatomical gift of a decedent's |
| 428 | body or part.-- |
| 429 | (1) Subject to subsections (2) and (3) and unless barred |
| 430 | by s. 765.5107 or s. 765.5108, an anatomical gift of a |
| 431 | decedent's body or part for purpose of transplantation, therapy, |
| 432 | research, or education may be made by any member of the |
| 433 | following classes of persons who is reasonably available, in the |
| 434 | order of priority listed: |
| 435 | (a) An agent of the decedent at the time of death who |
| 436 | could have made an anatomical gift under s. 765.5104(2) |
| 437 | immediately 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 |
| 445 | the decedent. |
| 446 | (i) The persons who were acting as the guardians of the |
| 447 | person of the decedent at the time of death. |
| 448 | (j) Any other person having the authority to dispose of |
| 449 | the decedent's body. |
| 450 | (2) If there is more than one member of a class listed in |
| 451 | paragraphs (1)(a), (c), (d), (e), (f), (g), or (i) who is |
| 452 | entitled to make an anatomical gift, an anatomical gift may be |
| 453 | made by a member of the class unless that member or a person to |
| 454 | whom the gift may pass under s. 765.5111 knows of an objection |
| 455 | by another member of the class. If an objection is known, the |
| 456 | gift may be made only by a majority of the members of the class |
| 457 | who are reasonably available. |
| 458 | (3) A person may not make an anatomical gift if, at the |
| 459 | time of the decedent's death, a person in a prior class under |
| 460 | subsection (1) is reasonably available to make or to object to |
| 461 | the making of an anatomical gift. |
| 462 | (4) A health care surrogate designated by the decedent |
| 463 | pursuant to part II of this chapter may give all or any part of |
| 464 | the decedent's body for any purpose specified in s. 765.5111 |
| 465 | absent actual notice of contrary indications by the decedent. |
| 466 | Section 10. Section 765.5110, Florida Statutes, is created |
| 467 | to read: |
| 468 | 765.5110 Manner of making, amending, or revoking an |
| 469 | anatomical gift of a decedent's body or part.-- |
| 470 | (1) A person authorized to make an anatomical gift under |
| 471 | s. 765.5109 may make an anatomical gift by a document of gift |
| 472 | signed by the person making the gift or by that person's oral |
| 473 | communication that is electronically recorded or is |
| 474 | contemporaneously reduced to a record and signed by the |
| 475 | individual receiving the oral communication. |
| 476 | (2) Subject to subsection (3), an anatomical gift by a |
| 477 | person authorized under s. 765.5109 may be amended or revoked |
| 478 | orally or in a record by any member of a prior class who is |
| 479 | reasonably available. If more than one member of the prior class |
| 480 | is reasonably available, the gift made by a person authorized |
| 481 | under s. 765.5109 may be: |
| 482 | (a) Amended only if a majority of the reasonably available |
| 483 | members agree to the amending of the gift; or |
| 484 | (b) Revoked only if a majority of the reasonably available |
| 485 | members agree to the revoking of the gift or if they are equally |
| 486 | divided as to whether to revoke the gift. |
| 487 | (3) A revocation under subsection (2) is effective only |
| 488 | if, before an incision has been made to remove a part from the |
| 489 | donor's body or before invasive procedures have begun to prepare |
| 490 | the recipient, the procurement organization, transplant |
| 491 | hospital, or physician or technician knows of the revocation. |
| 492 | Section 11. Section 765.5111, Florida Statutes, is created |
| 493 | to read: |
| 494 | 765.5111 Persons who may receive an anatomical gift; |
| 495 | purpose of an anatomical gift.-- |
| 496 | (1) An anatomical gift may be made to the following |
| 497 | persons named in the document of gift: |
| 498 | (a) A hospital; an accredited medical school, dental |
| 499 | school, college, or university; an organ procurement |
| 500 | organization; or other appropriate person, for research or |
| 501 | education. |
| 502 | (b) Subject to subsection (2), an individual designated by |
| 503 | the person making the anatomical gift if the individual is the |
| 504 | recipient 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 |
| 508 | passes in accordance with subsection (7) in the absence of an |
| 509 | express, contrary indication by the person making the anatomical |
| 510 | gift. |
| 511 | (3) If an anatomical gift of one or more specific parts or |
| 512 | all parts is made in a document of gift that does not name a |
| 513 | person described in subsection (1) but identifies the purpose |
| 514 | for which an anatomical gift may be used, the following rules |
| 515 | apply: |
| 516 | (a) If the part is an eye and the gift is for the purpose |
| 517 | of transplantation or therapy, the gift passes to the |
| 518 | appropriate eye bank. |
| 519 | (b) If the part is tissue and the gift is for the purpose |
| 520 | of transplantation or therapy, the gift passes to the |
| 521 | appropriate tissue bank. |
| 522 | (c) If the part is an organ and the gift is for the |
| 523 | purpose of transplantation or therapy, the gift passes to the |
| 524 | appropriate organ procurement organization as custodian of the |
| 525 | organ. |
| 526 | (d) If the part is an organ, an eye, or tissue and the |
| 527 | gift is for the purpose of research or education, the gift |
| 528 | passes to the appropriate procurement organization. |
| 529 | (4) For the purpose of subsection (3), if there is more |
| 530 | than one purpose of an anatomical gift set forth in the document |
| 531 | of gift but the purposes are not set forth in any priority, the |
| 532 | gift must be used for transplantation or therapy, if suitable. |
| 533 | If the gift cannot be used for transplantation or therapy, the |
| 534 | gift may be used for research or education. |
| 535 | (5) If an anatomical gift of one or more specific parts is |
| 536 | made in a document of gift that does not name a person described |
| 537 | in subsection (1) and does not identify the purpose of the gift, |
| 538 | the gift may be used only for transplantation or therapy, and |
| 539 | the gift passes in accordance with subsection (7). |
| 540 | (6) If a document of gift specifies only a general intent |
| 541 | to make an anatomical gift by words such as "donor," "organ |
| 542 | donor," or "body donor," or by a symbol or statement of similar |
| 543 | import, the gift may be used only for transplantation or |
| 544 | therapy, and the gift passes in accordance with subsection (7). |
| 545 | (7) For purposes of subsections (2), (5), and (6), the |
| 546 | following rules apply: |
| 547 | (a) If the part is an eye, the gift passes to the |
| 548 | appropriate eye bank. |
| 549 | (b) If the part is tissue, the gift passes to the |
| 550 | appropriate tissue bank. |
| 551 | (c) If the part is an organ, the gift passes to the |
| 552 | appropriate organ procurement organization as custodian of the |
| 553 | organ. |
| 554 | (8) An anatomical gift of an organ for transplantation or |
| 555 | therapy, other than an anatomical gift under paragraph (1)(b), |
| 556 | passes to the organ procurement organization as custodian of the |
| 557 | organ. |
| 558 | (9) If an anatomical gift does not pass pursuant to |
| 559 | subsections (1)-(8) or the decedent's body or part is not used |
| 560 | for transplantation, therapy, research, or education, custody of |
| 561 | the body or part passes to the person under obligation to |
| 562 | dispose of the body or part. |
| 563 | (10) A person may not accept an anatomical gift if the |
| 564 | person knows that the gift was not effectively made under s. |
| 565 | 765.5105 or s. 765.5110 or if the person knows that the decedent |
| 566 | made a refusal under s. 765.5107 that was not revoked. For |
| 567 | purposes of the subsection, if a person knows that an anatomical |
| 568 | gift was made on a document of gift, the person is deemed to |
| 569 | know of any amendment or revocation of the gift or any refusal |
| 570 | to make an anatomical gift on the same document of gift. |
| 571 | (11) Except as otherwise provided in paragraph (1)(b), |
| 572 | nothing in ss. 765.5101-765.5125 affects the allocation of |
| 573 | organs for transplantation or therapy. |
| 574 | Section 12. Section 765.5112, Florida Statutes, is created |
| 575 | to read: |
| 576 | 765.5112 Search and notification.-- |
| 577 | (1) The following persons shall make a reasonable search |
| 578 | of an individual who the person reasonably believes to be dead |
| 579 | or near death for a document of gift or other information |
| 580 | identifying the individual as a donor or as an individual who |
| 581 | made a refusal: |
| 582 | (a) A law enforcement officer, firefighter, paramedic, or |
| 583 | other emergency rescuer finding the individual. |
| 584 | (b) If no other source of the information is immediately |
| 585 | available, a hospital, as soon as practical after the |
| 586 | individual's arrival at the hospital. |
| 587 | (2) If a document of gift or a refusal to make an |
| 588 | anatomical gift is located by the search required by paragraph |
| 589 | (1)(a) and the individual or deceased individual to whom it |
| 590 | relates is taken to a hospital, the person responsible for |
| 591 | conducting the search shall send the document of gift or refusal |
| 592 | to the hospital. |
| 593 | (3) A person is not subject to criminal or civil liability |
| 594 | for failing to discharge the duties imposed by this section but |
| 595 | may be subject to administrative sanctions. |
| 596 | Section 13. Section 765.5113, Florida Statutes, is created |
| 597 | to read: |
| 598 | 765.5113 Delivery of a document of gift not required; |
| 599 | right to examine.-- |
| 600 | (1) A document of gift need not be delivered during the |
| 601 | donor's lifetime to be effective. |
| 602 | (2) Upon or after an individual's death, a person in |
| 603 | possession of a document of gift or a refusal to make an |
| 604 | anatomical gift with respect to the individual shall allow |
| 605 | examination and copying of the document of gift or refusal by a |
| 606 | person authorized to make or object to the making of an |
| 607 | anatomical gift with respect to the individual or by a person to |
| 608 | whom the gift could pass under s. 765.5111. |
| 609 | Section 14. Section 765.5114, Florida Statutes, is created |
| 610 | to read: |
| 611 | 765.5114 Rights and duties of procurement organizations |
| 612 | and others.-- |
| 613 | (1) When a hospital refers an individual at or near death |
| 614 | to a procurement organization, the organization shall make a |
| 615 | reasonable search of the records of the statewide organ and |
| 616 | tissue donor registry and any donor registry that the |
| 617 | organization knows exists for the geographical area in which the |
| 618 | individual resides to ascertain whether the individual has made |
| 619 | an anatomical gift. |
| 620 | (2) A procurement organization must be allowed reasonable |
| 621 | access to information in the records of the statewide organ and |
| 622 | tissue donor registry to ascertain whether an individual at or |
| 623 | near death is a donor. |
| 624 | (3) When a hospital refers an individual at or near death |
| 625 | to a procurement organization, the organization may conduct any |
| 626 | reasonable examination necessary to ensure the medical |
| 627 | suitability of a part that is or could be the subject of an |
| 628 | anatomical gift for transplantation, therapy, research, or |
| 629 | education from a donor or a prospective donor. During the |
| 630 | examination period, measures necessary to ensure the medical |
| 631 | suitability of the part may not be withdrawn unless the hospital |
| 632 | or procurement organization knows that the individual expressed |
| 633 | a contrary intent. |
| 634 | (4) Unless prohibited by law other than ss. 765.5101- |
| 635 | 765.5125, at any time after a donor's death, the person to whom |
| 636 | a part passes under s. 765.5111 may conduct any reasonable |
| 637 | examination necessary to ensure the medical suitability of the |
| 638 | body or part for its intended purpose. |
| 639 | (5) Unless prohibited by law other than ss. 765.5101- |
| 640 | 765.5125, an examination under subsection (3) or subsection (4) |
| 641 | may include an examination of all medical and dental records of |
| 642 | the donor or prospective donor. |
| 643 | (6) Upon the death of a minor who was a donor or had |
| 644 | signed a refusal, unless a procurement organization knows the |
| 645 | minor is emancipated, the procurement organization shall conduct |
| 646 | a reasonable search for the parents of the minor and provide the |
| 647 | parents with an opportunity to revoke or amend the anatomical |
| 648 | gift or revoke the refusal. |
| 649 | (7) Upon referral by a hospital under subsection (1), a |
| 650 | procurement organization shall make a reasonable search for any |
| 651 | person listed in s. 765.5109 having priority to make an |
| 652 | anatomical gift on behalf of a prospective donor. If a |
| 653 | procurement organization receives information that an anatomical |
| 654 | gift to any other person was made, amended, or revoked, it shall |
| 655 | promptly advise the other person of all relevant information. |
| 656 | (8) Subject to s. 765.5111(9) and s. 765.5123, the rights |
| 657 | of the person to whom a part passes under s. 765.5111 are |
| 658 | superior to the rights of all others with respect to the part. |
| 659 | The person may accept or reject an anatomical gift in whole or |
| 660 | in part. Subject to the terms of the document of gift and ss. |
| 661 | 765.5101-765.5125, a person who accepts an anatomical gift of an |
| 662 | entire body may allow embalming, burial, or cremation, and use |
| 663 | of remains in a funeral service. If the gift is of a part, the |
| 664 | person to whom the part passes under s. 765.5111, upon the death |
| 665 | of the donor and before embalming, burial, or cremation, shall |
| 666 | cause the part to be removed without unnecessary mutilation. |
| 667 | (9) Neither the physician who attends the decedent at |
| 668 | death nor the physician who determines the time of the |
| 669 | decedent's death may participate in the procedures for removing |
| 670 | or transplanting a part from the decedent. |
| 671 | (10) A physician or technician may remove a donated part |
| 672 | from the body of a donor that the physician or technician is |
| 673 | qualified to remove. |
| 674 | Section 15. Section 765.5115, Florida Statutes, is created |
| 675 | to read: |
| 676 | 765.5115 Coordination of procurement and use.--Each |
| 677 | hospital in this state shall enter into agreements or |
| 678 | affiliations with procurement organizations for coordination of |
| 679 | procurement and use of anatomical gifts. |
| 680 | Section 16. Section 765.5117, Florida Statutes, is created |
| 681 | to read: |
| 682 | 765.5117 Prohibited acts.--A person who, in order to |
| 683 | obtain financial gain, intentionally falsifies, forges, |
| 684 | conceals, defaces, or obliterates a document of gift, an |
| 685 | amendment or revocation of a document of gift, or a refusal |
| 686 | commits a felony of the third degree, punishable as provided in |
| 687 | s. 775.082, s. 775.083, or s. 775.084. |
| 688 | Section 17. Section 765.5118, Florida Statutes, is created |
| 689 | to read: |
| 690 | 765.5118 Immunity.-- |
| 691 | (1) A person who acts in accordance with ss. 765.5101- |
| 692 | 765.5125 or with the applicable anatomical gift law of another |
| 693 | state, or attempts in good faith to do so, is not liable for |
| 694 | such an act in a civil action, criminal prosecution, or |
| 695 | administrative proceeding. |
| 696 | (2) Neither the person making an anatomical gift nor the |
| 697 | donor's estate is liable for any injury or damage that results |
| 698 | from the making or use of the gift. |
| 699 | (3) In determining whether an anatomical gift has been |
| 700 | made, amended, or revoked under ss. 765.5101-765.5125, a person |
| 701 | may rely upon representations of an individual listed in s. |
| 702 | 765.5109(1)(b), (c), (d), (e), (f), (g), or (h) relating to the |
| 703 | individual's relationship to the donor or prospective donor |
| 704 | unless the person knows that the representation is untrue. |
| 705 | Section 18. Section 765.5119, Florida Statutes, is created |
| 706 | to read: |
| 707 | 765.5119 Law governing validity; choice of law as to |
| 708 | execution of a document of gift; presumption of validity.-- |
| 709 | (1) A document of gift is valid if executed in accordance |
| 710 | with: |
| 711 | (a) Sections 765.5101-765.5125; |
| 712 | (b) The laws of the state or country where it was |
| 713 | executed; or |
| 714 | (c) The laws of the state or country where the person |
| 715 | making the anatomical gift was domiciled, has a place of |
| 716 | residence, or was a national at the time the document of gift |
| 717 | was executed. |
| 718 | (2) If a document of gift is valid under this section, the |
| 719 | law of this state governs the interpretation of the document of |
| 720 | gift. |
| 721 | (3) A person may presume that a document of gift or |
| 722 | amendment of an anatomical gift is valid unless that person |
| 723 | knows that it was not validly executed or was revoked. |
| 724 | Section 19. Section 765.5155, Florida Statutes, is |
| 725 | transferred and renumbered as s. 765.5120, Florida Statutes. |
| 726 | Section 20. Section 765.51551, Florida Statutes, is |
| 727 | transferred and renumbered as 765.51201, Florida Statutes. |
| 728 | Section 21. Section 765.5121, Florida Statutes, is created |
| 729 | to read: |
| 730 | 765.5121 Effect of an anatomical gift on an advance |
| 731 | healthcare directive.-- |
| 732 | (1) As used in this section, the term: |
| 733 | (a) "Advance healthcare directive" means a power of |
| 734 | attorney for healthcare or a record signed or authorized by a |
| 735 | prospective donor containing the prospective donor's direction |
| 736 | concerning a healthcare decision for the prospective donor. |
| 737 | (b) "Declaration" means a record signed by a prospective |
| 738 | donor specifying the circumstances under which life support |
| 739 | services may be withheld or withdrawn from the prospective |
| 740 | donor. |
| 741 | (c) "Healthcare decision" means any decision regarding the |
| 742 | health care of the prospective donor. |
| 743 | (2) If a prospective donor has a declaration or advance |
| 744 | healthcare directive and the terms of the declaration or |
| 745 | directive and the express or implied terms of a potential |
| 746 | anatomical gift are in conflict with regard to the |
| 747 | administration of measures necessary to ensure the medical |
| 748 | suitability of a part for transplantation or therapy, the |
| 749 | prospective donor's attending physician and prospective donor |
| 750 | shall confer to resolve the conflict. If the prospective donor |
| 751 | is incapable of resolving the conflict, an agent acting under |
| 752 | the prospective donor's declaration or directive, or, if none or |
| 753 | the agent is not reasonably available, another person authorized |
| 754 | by law other than ss. 765.5101-765.5125 to make healthcare |
| 755 | decisions on behalf of the prospective donor, shall act for the |
| 756 | donor to resolve the conflict. The conflict must be resolved as |
| 757 | expeditiously as possible. Information relevant to the |
| 758 | resolution of the conflict may be obtained from the appropriate |
| 759 | procurement organization and any other person authorized to make |
| 760 | an anatomical gift for the prospective donor under s. 765.5109. |
| 761 | Before resolution of the conflict, measures necessary to ensure |
| 762 | the medical suitability of the part may not be withheld or |
| 763 | withdrawn from the prospective donor if withholding or |
| 764 | withdrawing the measures is not contraindicated by appropriate |
| 765 | end-of-life care. |
| 766 | Section 22. Section 765.5122, Florida Statutes, is created |
| 767 | to read: |
| 768 | 765.5122 Cooperation between medical examiners and |
| 769 | procurement organizations.-- |
| 770 | (1) A medical examiner shall cooperate with procurement |
| 771 | organizations to maximize the opportunity to recover anatomical |
| 772 | gifts for the purpose of transplantation, therapy, research, or |
| 773 | education. |
| 774 | (2) If a medical examiner receives notice from a |
| 775 | procurement organization that an anatomical gift might be |
| 776 | available or was made with respect to a decedent whose body is |
| 777 | under the jurisdiction of the medical examiner and a postmortem |
| 778 | examination is going to be performed, unless the medical |
| 779 | examiner denies recovery in accordance with s. 765.5123, the |
| 780 | medical examiner or designee shall conduct a postmortem |
| 781 | examination of the body or the part in a manner and within a |
| 782 | period compatible with its preservation for the purposes of the |
| 783 | gift. |
| 784 | (3) A part may not be removed from the body of a decedent |
| 785 | under the jurisdiction of a medical examiner for |
| 786 | transplantation, therapy, research, or education unless the part |
| 787 | is the subject of an anatomical gift. The body of a decedent |
| 788 | under the jurisdiction of the medical examiner may not be |
| 789 | delivered to a person for research or education unless the body |
| 790 | is the subject of an anatomical gift. This subsection does not |
| 791 | preclude a medical examiner from performing the medicolegal |
| 792 | investigation upon the body or parts of a decedent under the |
| 793 | jurisdiction of the medical examiner. |
| 794 | Section 23. Section 765.5123, Florida Statutes, is created |
| 795 | to read: |
| 796 | 765.5123 Facilitation of an anatomical gift from a |
| 797 | decedent whose body is under the jurisdiction of a medical |
| 798 | examiner.-- |
| 799 | (1) Upon request of a procurement organization, a medical |
| 800 | examiner shall release to the procurement organization the name, |
| 801 | contact information, and available medical and social history of |
| 802 | a decedent whose body is under the jurisdiction of the medical |
| 803 | examiner. If the decedent's body or part is medically suitable |
| 804 | for transplantation, therapy, research, or education, the |
| 805 | medical examiner shall release postmortem examination results to |
| 806 | the procurement organization. The procurement organization may |
| 807 | make a subsequent disclosure of the postmortem examination |
| 808 | results or other information received from the medical examiner |
| 809 | only if relevant to transplantation or therapy. |
| 810 | (2) The medical examiner may conduct a medicolegal |
| 811 | examination by reviewing all medical records, laboratory test |
| 812 | results, X rays, other diagnostic results, and other information |
| 813 | that any person possesses about a donor or prospective donor |
| 814 | whose body is under the jurisdiction of the medical examiner |
| 815 | which the medical examiner determines may be relevant to the |
| 816 | investigation. |
| 817 | (3) A person who has any information requested by a |
| 818 | medical examiner pursuant to subsection (2) shall provide that |
| 819 | information as expeditiously as possible to allow the medical |
| 820 | examiner to conduct the medicolegal investigation within a |
| 821 | period compatible with the preservation of parts for the purpose |
| 822 | of transplantation, therapy, research, or education. |
| 823 | (4) If an anatomical gift has been or might be made of a |
| 824 | part of a decedent whose body is under the jurisdiction of the |
| 825 | medical examiner and a postmortem examination is not required, |
| 826 | or the medical examiner determines that a postmortem examination |
| 827 | is required but that the recovery of the part that is the |
| 828 | subject of an anatomical gift will not interfere with the |
| 829 | examination, the medical examiner and procurement organization |
| 830 | shall cooperate in the timely removal of the part from the |
| 831 | decedent for the purpose of transplantation, therapy, research, |
| 832 | or education. |
| 833 | (5) If an anatomical gift of a part from the decedent |
| 834 | under the jurisdiction of the medical examiner has been or might |
| 835 | be made, but the medical examiner initially believes that the |
| 836 | recovery of the part could interfere with the postmortem |
| 837 | investigation into the decedent's cause or manner of death, the |
| 838 | medical examiner shall consult with the procurement organization |
| 839 | or physician or technician designated by the procurement |
| 840 | organization about the proposed recovery. After consultation, |
| 841 | the medical examiner may allow the recovery. |
| 842 | (6) After the consultation under subsection (5), in the |
| 843 | absence of mutually agreed-upon protocols to resolve conflict |
| 844 | between the medical examiner and the procurement organization, |
| 845 | if the medical examiner intends to deny recovery, the medical |
| 846 | examiner or designee, at the request of the procurement |
| 847 | organization, shall attend the removal procedure for the part |
| 848 | before making a final determination not to allow the procurement |
| 849 | organization to recover the part. During the removal procedure, |
| 850 | the medical examiner or designee may allow recovery by the |
| 851 | procurement organization to proceed or, if the medical examiner |
| 852 | or designee reasonably believes that the part may be involved in |
| 853 | determining the decedent's cause or manner of death, may deny |
| 854 | recovery by the procurement organization. |
| 855 | (7) If the medical examiner or designee denies recovery |
| 856 | under subsection (6), the medical examiner or designee shall: |
| 857 | (a) Explain in a record the specific reasons for not |
| 858 | allowing recovery of the part. |
| 859 | (b) Include the specific reasons in the records of the |
| 860 | medical examiner. |
| 861 | (c) Provide a record with the specific reasons to the |
| 862 | procurement organization. |
| 863 | (8) If the medical examiner or designee allows recovery of |
| 864 | a part under subsection (4), subsection (5), or subsection (6), |
| 865 | the procurement organization shall, upon request, cause the |
| 866 | physician or technician who removes the part to provide the |
| 867 | medical examiner with a record describing the condition of the |
| 868 | part, a biopsy, a photograph, and any other information and |
| 869 | observations that would assist in the postmortem examination. |
| 870 | (9) If a medical examiner or designee is required to be |
| 871 | present at a removal procedure under subsection (6), upon |
| 872 | request the procurement organization requesting the recovery of |
| 873 | the part shall reimburse the medical examiner or designee for |
| 874 | the additional costs incurred in complying with subsection (6). |
| 875 | Section 24. Section 765.5124, Florida Statutes, is created |
| 876 | to read: |
| 877 | 765.5124 Uniformity of application and construction.--In |
| 878 | applying and construing this uniform act, consideration must be |
| 879 | given to the need to promote uniformity of the law with respect |
| 880 | to its subject matter among states that enact it. |
| 881 | Section 25. Section 765.5125, Florida Statutes, is created |
| 882 | to read: |
| 883 | 765.5125 Relation to Electronic Signatures in Global and |
| 884 | National Commerce Act.--Sections 765.5101-765.5125 modify, |
| 885 | limit, and supersede the Electronic Signatures in Global and |
| 886 | National Commerce Act, 15 U.S.C. ss. 7001 et seq., but do not |
| 887 | modify, limit, or supersede s. 101(a) of that act, 15 U.S.C. s. |
| 888 | 7001, or authorize electronic delivery of any of the notices |
| 889 | described 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, |
| 891 | 765.514, 765.515, 765.516, and 765.517, Florida Statutes, are |
| 892 | repealed. |
| 893 | Section 27. Paragraph (c) of subsection (2) of section |
| 894 | 381.0041, Florida Statutes, is amended to read: |
| 895 | 381.0041 Donation and transfer of human tissue; testing |
| 896 | requirements.-- |
| 897 | (2) Notwithstanding the provisions of subsection (1), |
| 898 | written, informed consent to perform testing shall not be |
| 899 | required: |
| 900 | (c) When an unrevoked anatomical gift has been made |
| 901 | pursuant to s. 765.5105 765.514, by will or other written |
| 902 | instrument, and the donor is deceased or incompetent. |
| 903 | Section 28. Subsection (1) of section 765.521, Florida |
| 904 | Statutes, is amended to read: |
| 905 | 765.521 Donations as part of driver license or |
| 906 | identification card process.-- |
| 907 | (1) The Agency for Health Care Administration and the |
| 908 | Department of Highway Safety and Motor Vehicles shall develop |
| 909 | and implement a program encouraging and allowing persons to make |
| 910 | anatomical gifts as a part of the process of issuing |
| 911 | identification cards and issuing and renewing driver licenses. |
| 912 | The donor registration card distributed by the Department of |
| 913 | Highway Safety and Motor Vehicles shall include the information |
| 914 | required by the uniform donor card under s. 765.5105(1)(a) |
| 915 | 765.514 and such additional information as determined necessary |
| 916 | by the department. The department shall also develop and |
| 917 | implement a program to identify donors, which includes notations |
| 918 | on identification cards, driver licenses, and driver records or |
| 919 | such other methods as the department develops to clearly |
| 920 | indicate the individual's intent to donate the individual's |
| 921 | organs, tissues, or eyes. A notation on an individual's driver |
| 922 | license or identification card that the individual intends to |
| 923 | donate organs, tissues, or eyes satisfies all requirements for |
| 924 | consent to organ or tissue donation. The Agency for Health Care |
| 925 | Administration shall provide the necessary supplies and forms |
| 926 | from funds appropriated from general revenue or contributions |
| 927 | from interested voluntary, nonprofit organizations. The |
| 928 | department shall provide the necessary recordkeeping system from |
| 929 | funds appropriated from general revenue. The Department of |
| 930 | Highway Safety and Motor Vehicles and the Agency for Health Care |
| 931 | Administration shall incur no liability in connection with the |
| 932 | performance of any acts authorized herein. |
| 933 | Section 29. Subsections (2) and (3) of section 765.522, |
| 934 | Florida Statutes, are amended to read: |
| 935 | 765.522 Duty of certain hospital administrators; liability |
| 936 | of hospital administrators, organ procurement organizations, eye |
| 937 | banks, and tissue banks.-- |
| 938 | (2) Where, based on accepted medical standards, a hospital |
| 939 | patient is a suitable candidate for organ or tissue donation, |
| 940 | the hospital administrator or the hospital administrator's |
| 941 | designee shall, at or near the time of death, notify the |
| 942 | appropriate organ, eye, or tissue recovery program, which shall |
| 943 | access the organ and tissue donor registry created by s. |
| 944 | 765.5120 765.5155 to ascertain the existence of an entry in the |
| 945 | registry that has not been revoked, a donor card, or a document |
| 946 | executed by the decedent. In the absence of an entry in the |
| 947 | donor registry, donor card, organ donation sticker or organ |
| 948 | donation imprint on a driver's license, or other properly |
| 949 | executed document, the organ, eye, or tissue recovery program |
| 950 | shall request: |
| 951 | (a) The patient's health care surrogate, as authorized in |
| 952 | s. 765.5109(4) 765.512(2); or |
| 953 | (b) If the patient does not have a surrogate, or the |
| 954 | surrogate is not reasonably available, any of the persons |
| 955 | specified in s. 765.5109(1) 765.512(3), in the order and manner |
| 956 | listed, |
| 957 |
|
| 958 | to consent to the gift of all or any part of the decedent's body |
| 959 | for any purpose specified in this part. Except as provided in s. |
| 960 | 765.5109 765.512, in the absence of actual notice of opposition, |
| 961 | consent need only be obtained from the person or persons in the |
| 962 | highest priority class reasonably available. |
| 963 | (3) A gift made pursuant to a request required by this |
| 964 | section shall be executed pursuant to s. 765.5110 765.514. |
| 965 | Section 30. This act shall take effect October 1, 2009. |