Text: HF00121 Text: HF00123 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 142C.1 SHORT TITLE.
1 2 This Act may be cited as the "Anatomical Gift Registry
1 3 Act".
1 4 Sec. 2. NEW SECTION. 142C.2 DEFINITIONS.
1 5 As used in this chapter unless the context otherwise
1 6 requires:
1 7 1. "Adult" means an individual eighteen years of age or
1 8 older or an emancipated minor.
1 9 2. "Attorney in fact" means attorney in fact as defined in
1 10 section 144B.1 or as defined under other applicable state or
1 11 federal law.
1 12 3. "Competent adult" means an adult who has not been
1 13 adjudged incompetent under applicable state law.
1 14 4. "Death" means the irreversible cessation of circulatory
1 15 and respiratory functions or the irreversible cessation of all
1 16 functions of the entire brain including the brain stem and
1 17 which determination has been made in accordance with generally
1 18 accepted medical standards.
1 19 5. "Decedent" means decedent as defined in section 142A.1.
1 20 6. "Department" means the Iowa department of
1 21 transportation.
1 22 7. "Director" means the director of transportation or the
1 23 director's designee.
1 24 8. "Donor" means an individual who has been recorded on
1 25 the registry as an individual from whom all organs may be
1 26 removed for transplantation purposes upon the death of the
1 27 individual or an individual from whom an organ is removed for
1 28 transplantation purposes.
1 29 9. "Donor form" means the Iowa organ donor registration
1 30 form described in section 142C.6.
1 31 10. "Emancipated minor" means an individual under eighteen
1 32 years of age for whom the parent or guardian of the individual
1 33 has released, by consent or operation of law, all care,
1 34 custody, and control of the individual.
1 35 11. "Family" means an individual's spouse, child, or
2 1 parent.
2 2 12. "Guardian" means a judicially appointed committee,
2 3 guardian, or conservator authorized to make health care
2 4 decisions for a minor or incompetent adult.
2 5 13. "Health care" means health care as defined in section
2 6 144B.1.
2 7 14. "Health care institution" means a hospital, health
2 8 care facility, hospice, or other facility where health care is
2 9 provided, which is licensed, accredited, approved, owned, or
2 10 operated by the government of the United States or a state or
2 11 which receives federal or state funding through the medical
2 12 assistance or Medicare program.
2 13 15. "Health care provider" means a person who is licensed,
2 14 certified, or otherwise authorized or permitted by state or
2 15 federal law to administer health care in the ordinary course
2 16 of business or in the practice of a profession.
2 17 16. "Hospice" means a hospice program as defined in
2 18 section 135J.1 which is licensed, accredited, approved, owned,
2 19 or operated by the government of the United States or a state
2 20 or which receives federal or state funding through the medical
2 21 assistance or Medicare program.
2 22 17. "Hospital" means hospital as defined in section 135B.1
2 23 which is licensed pursuant to chapter 135B or which is
2 24 licensed, accredited, or approved under state or federal law,
2 25 or which is operated by the government of the United States, a
2 26 state, or a political subdivision of a state although not
2 27 required to be licensed.
2 28 18. "Incompetent adult" means an adult who has been
2 29 adjudged incompetent.
2 30 19. "Minor" means an individual who is under eighteen
2 31 years of age, who is not emancipated, and includes a stillborn
2 32 child.
2 33 20. "Nondonor" means an individual recorded on the
2 34 registry from whom the removal of an organ is prohibited for
2 35 transplantation purposes upon the individual's death.
3 1 21. "Nursing home" means nursing home as defined in
3 2 section 155.1 including a nursing home which is licensed,
3 3 accredited, approved, owned, or operated as a nursing home by
3 4 the federal government, a state, or which receives federal or
3 5 state funding under the medical assistance or Medicare
3 6 program.
3 7 22. "Organ" means human organs, tissue, eyes, bones, or
3 8 cells processed for transplantation purposes, and any other
3 9 portion of the human body.
3 10 23. "Parent" means a biological or adoptive parent of a
3 11 child who has legal custody of the child or the guardian of a
3 12 child.
3 13 24. "Person" means person as defined in section 4.1.
3 14 25. "Physician" means physician or surgeon as defined in
3 15 section 142A.1.
3 16 26. "Principal" means an adult who has executed a durable
3 17 power of attorney for health care under state law.
3 18 27. "Registry" means the Iowa organ donor registry.
3 19 28. "Restricted donor" means an individual recorded on the
3 20 registry from whom removal of some but not all organs is
3 21 authorized for transplantation purposes, upon the individual's
3 22 death.
3 23 29. "State" means state as defined in section 142A.1.
3 24 30. "Transplantation purposes" means grafting,
3 25 transplanting, or implanting an organ to the body of another
3 26 individual.
3 27 Sec. 3. NEW SECTION. 142C.3 IOWA ORGAN DONOR REGISTRY
3 28 ESTABLISHED.
3 29 The director shall establish an Iowa organ donor registry
3 30 within the department and shall adopt rules to provide a
3 31 single, uniform database in the state to reflect the donative
3 32 status of individual registrants and to make the data
3 33 accessible to all health care institutions, organ procurement
3 34 organizations, and other persons as designated by rule. The
3 35 rules shall include the establishment or revision of forms to
4 1 enable collection of organ donor information. The rules shall
4 2 also provide access to personal data of an individual by that
4 3 individual for the purposes of ascertaining or changing the
4 4 individual's donative status.
4 5 Sec. 4. NEW SECTION. 142C.4 REGISTRATION PROCEDURES.
4 6 1. Upon initial or renewal application for a driver's
4 7 license or identification card by an individual who is
4 8 eighteen years of age or older, the individual shall do one of
4 9 the following:
4 10 a. Complete Donor Form A, identified in section 142C.6,
4 11 prior to the issuance or renewal of the license or
4 12 identification card.
4 13 b. Complete the license or identification card application
4 14 including designation by the applicant of the applicant's
4 15 status relative to organ donation by checking one of the
4 16 following choices provided on the form:
4 17 ____ DONOR STATUS. Upon my death, I wish to make all of
4 18 my organs available for transplantation.
4 19 ____ RESTRICTED DONOR STATUS. Upon my death, I wish to
4 20 make all of my organs available for transplant-
4 21 ation, with the exception of the following:
4 22 ____________________________________________
4 23 ____ NONDONOR STATUS. Upon my death, I do not wish to
4 24 make any of my organs available for transplantation.
4 25 2. In addition to the procedure for registration provided
4 26 under subsection 1, a competent adult may record the
4 27 individual's donor status at any time by completing donor form
4 28 A and filing the completed form with the department.
4 29 3. A competent adult may change the individual's donor
4 30 status at any time by filing a new Donor Form A with the
4 31 department or by completing an initial or renewal application
4 32 for a driver's license or identification card which includes
4 33 designation of the individual's donor status as provided in
4 34 subsection 1, paragraph "b".
4 35 4. A parent of a minor or a guardian of an incompetent
5 1 adult may record the donor status of the minor or incompetent
5 2 adult with the registry at any time, by filing a completed
5 3 Donor Form B, identified in section 142C.6, with the
5 4 department, if the minor or incompetent adult has not
5 5 previously recorded the individual's status under subsection
5 6 1. A parent of a minor or a guardian of an incompetent adult
5 7 may change the donor status of the minor or incompetent adult
5 8 with the registry by filing a new, completed Donor Form B with
5 9 the registry.
5 10 5. The donor status of an individual is effective only
5 11 following recording of the information, provided through
5 12 completion of the donor form or driver's license or
5 13 identification card application, with the registry.
5 14 6. The department shall delete the status of a minor
5 15 recorded with the registry upon the minor attaining the age of
5 16 eighteen.
5 17 Sec. 5. NEW SECTION. 142C.5 DUTIES.
5 18 1. The department shall maintain the registry and provide
5 19 educational materials to the public regarding the program.
5 20 2. The director shall do all of the following:
5 21 a. Record the information provided in each donor form on
5 22 the registry within a reasonable period of time as determined
5 23 by rule following receipt of the completed form.
5 24 b. Record as a donor, a restricted donor, or a nondonor,
5 25 each individual who files a completed form with the
5 26 department.
5 27 c. Use the individual's social security number to identify
5 28 the individual as a donor, restricted donor, or nondonor.
5 29 d. Provide access to the information in the registry to
5 30 all health care institutions, organ procurement organizations,
5 31 and other persons as designated by rule.
5 32 e. Provide access to the information in the registry
5 33 regarding a specific individual to that individual, upon
5 34 request, or to a parent of a minor or guardian of an
5 35 incompetent adult, upon request of the parent or guardian.
6 1 f. Provide donor forms to every physician and health care
6 2 institution, at all offices of the department, and at all
6 3 other locations designated by rule.
6 4 g. Provide educational materials regarding organ donation
6 5 for distribution to all physicians and health care
6 6 institutions, at all offices of the department and at all
6 7 other locations designated by rule.
6 8 Sec. 6. NEW SECTION. 142C.6 ORGAN DONOR REGISTRATION
6 9 FORMS.
6 10 The forms provided by the department shall be in
6 11 substantially the following form:
6 12 1. IOWA ORGAN DONOR REGISTRATION FORM A (competent
6 13 adults).
6 14 DONOR FORM A
6 15 ADULTS
6 16 NAME (print your name): __________________________________
6 17 SOCIAL SECURITY NUMBER OR ALIEN REGISTRATION NUMBER IF
6 18 KNOWN (print your number): ___________________
6 19 DATE OF BIRTH: _________________
6 20 ______________________________________________________________
6 21 CHECK ONLY ONE OF THE FOLLOWING:
6 22 ____ DONOR STATUS - Upon my death, I wish to make all of my
6 23 organs available for transplantation.
6 24 ____ RESTRICTED DONOR STATUS - Upon my death, I wish to make all
6 25 my organs available for transplantation, with the
6 26 exception of the following:
6 27 ________________________________________________________
6 28 ____ NONDONOR STATUS - Upon my death, I do not wish to make
6 29 any of my organs available for transplantation.
6 30 ____________________________
6 31 Your signature
6 32 The following notarial certificate need not be completed if
6 33 this form is filed at any office of the Iowa department of
6 34 transportation, or at any health care institution in the state
6 35 if this form is filed in conjunction with admission to that
7 1 health care institution.
7 2 NOTARIAL CERTIFICATE
7 3 STATE OF IOWA )
7 4 COUNTY OF )
7 5 On this ____ day of _____________, ____, before me
7 6 a Notary Public in and for the State of ____________________
7 7 personally appeared _________________________ (insert name of
7 8 person above), to me known and known to me to be the
7 9 individual named in and who executed the foregoing Adult Donor
7 10 Form A, and who acknowledged to me that the
7 11 individual executed the
7 12 same as the individual's free act and deed.
7 13 _______________________________________________________
7 14 Notary Public in and for the State of _________________
7 15 NOTICE:
7 16 Through completion of this form you may donate all or some
7 17 of your organs if they are needed after your death for
7 18 transplantation purposes. You may refuse to donate any of
7 19 your organs. You may complete this form at any time and are
7 20 required to do so before you receive an Iowa driver's license
7 21 or Iowa identification card when you initially apply for a
7 22 license or identification card after your eighteenth birthday.
7 23 When you complete and return this form, you will be
7 24 recorded on the Iowa organ donor registry. This registry will
7 25 be used at your death to determine your decision regarding
7 26 organ donation. At your death, your decision regarding the
7 27 donation of your organs will be followed regardless of any
7 28 other individual's decision to the contrary. Please inform
7 29 your family of the decision you record on this form.
7 30 You may change your status on the registry at any time
7 31 after you reach eighteen years of age if you complete and
7 32 return a subsequent form to the Iowa department of
7 33 transportation and the offices of health care providers. You
7 34 may also change your status when you are admitted as a patient
7 35 at a health care institution.
8 1 If you personally return a completed form to any office of
8 2 the Iowa department of transportation or to a health care
8 3 institution in conjunction with your admission to that
8 4 institution, notarization is not necessary. If you mail a
8 5 completed form directly to the Iowa department of
8 6 transportation, the form must be notarized to insure that no
8 7 other person is attempting to change your status on the
8 8 registry.
8 9 (Insert name and address of office that maintains the Iowa
8 10 organ donor registry.)
8 11 2. IOWA ORGAN DONOR REGISTRATION FORM B (minors and
8 12 incompetent adults).
8 13 DONOR FORM B
8 14 MINORS UNDER EIGHTEEN YEARS OF AGE OR INCOMPETENT ADULTS
8 15 (to be completed by either parent or guardian)
8 16 NAME (print name of child or ward): __________________________
8 17 CHILD OR WARD'S SOCIAL SECURITY NUMBER OR ALIEN REGISTRATION
8 18 NUMBER (print child or ward's number): ___________________
8 19 DATE OF BIRTH OF CHILD OR WARD: _________________
8 20 ______________________________________________________________
8 21 CHECK ONLY ONE OF THE FOLLOWING:
8 22 ____ DONOR STATUS - Upon the death of the child or ward, all
8 23 of the child's or ward's organs may be removed for
8 24 transplantation.
8 25 ____ RESTRICTED DONOR STATUS - Upon the death of the child
8 26 or ward, all of the child's or ward's organs may be
8 27 removed for transplantation, with the exception of
8 28 the following:
8 29 ________________________________________________________
8 30 ____ NONDONOR STATUS - Upon the death of the child or ward,
8 31 none of the child's or ward's organs may be removed
8 32 for transplantation.
8 33 ____________________________
8 34 Parent or guardian signature
8 35 The following notarial certificate need not be completed if
9 1 this form is filed at any office of the Iowa department of
9 2 transportation, or of any health care institution in the state
9 3 if this form is filed in conjunction with admission to the
9 4 health care institution.
9 5 NOTARIAL CERTIFICATE
9 6 STATE OF IOWA )
9 7 COUNTY OF )
9 8 On this ____ day of _____________, ____, before me
9 9 a Notary Public in and for the State of ____________________
9 10 personally appeared _________________________ (insert name of
9 11 parent or guardian), to me known and known to me to be the
9 12 individual named in and who executed the foregoing Donor
9 13 Form B, and who
9 14 acknowledged to me that the individual executed the
9 15 same as the individual's free act and deed.
9 16 _______________________________________________________
9 17 Notary Public in and for the State of _________________
9 18 NOTICE:
9 19 Through completion of this form you may donate all or some
9 20 of the organs of your minor child or ward, if they are needed
9 21 after the child's or ward's death for transplantation
9 22 purposes. You also may refuse to donate any of your child's
9 23 or ward's organs. You may complete this form at any time.
9 24 When you complete and return this form to any office of the
9 25 Iowa department of transportation, your child or ward will be
9 26 recorded on the Iowa organ donor registry. This registry will
9 27 be used at the child's or ward's death to determine the
9 28 child's or ward's decision regarding the donation of organs.
9 29 At a ward's death, the ward's wishes as evidenced by this form
9 30 will be followed regardless of any other individual's decision
9 31 to the contrary with the exception of you, the guardian.
9 32 Following the death of a minor, a minor's parents or guardian
9 33 may authorize the removal, or may refuse to authorize the
9 34 removal, of the minor's organs regardless of the minor's
9 35 status on the registry.
10 1 Parents of minors and the guardian of incompetent adults
10 2 may change the status of the minor or ward on the registry at
10 3 any time by filing a new form. However, a minor's status on
10 4 the registry is automatically deleted from the registry when
10 5 the minor attains age eighteen. Thereafter, only the
10 6 individual who has attained majority status and on whose
10 7 behalf this form was filed may alter the individual's status
10 8 on the registry. Forms are available at any office of the
10 9 Iowa department of transportation and health care providers
10 10 offices. Your child's or ward's status may also be changed
10 11 when the child or ward is admitted as a patient at a health
10 12 care institution.
10 13 If you personally return a completed form to any office of
10 14 the Iowa department of transportation, or to a health care
10 15 institution in conjunction with your child's or ward's
10 16 admission to that institution, notarization is not necessary.
10 17 If you mail a completed form directly to the Iowa department
10 18 of transportation, notarization is necessary to insure that no
10 19 other person is attempting to change your child's or ward's
10 20 status on the registry.
10 21 (Insert name and address of office that maintains the
10 22 national organ donor registry.)
10 23 Sec. 7. NEW SECTION. 142C.7 REMOVAL OF CADAVERIC ORGANS.
10 24 1. Except as provided in subsection 2, upon the death of
10 25 an individual, the health care institution in which the
10 26 individual dies or to which a decedent's body is transported
10 27 shall initiate all necessary procedures to maintain, remove,
10 28 preserve, and transfer all of the decedent's usable organs
10 29 needed for transplantation purposes.
10 30 2. An organ shall not be removed from a decedent if any
10 31 one of the following conditions exist:
10 32 a. The decedent is recorded with the registry as a
10 33 nondonor or a restricted donor with respect to that organ,
10 34 unless the decedent is a minor whose parent authorizes the
10 35 removal of that organ.
11 1 b. The decedent is not recorded on the registry and one of
11 2 the following individuals objects at the time of the
11 3 decedent's death:
11 4 (1) The decedent's attorney in fact.
11 5 (2) The decedent's guardian.
11 6 (3) The decedent's surviving spouse.
11 7 (4) A competent adult child of the decedent.
11 8 (5) A parent of the decedent.
11 9 c. The identity of the decedent cannot be determined.
11 10 d. The decedent was a minor whose parent objects to the
11 11 removal of that organ at the time of the minor's death.
11 12 e. The removal of that organ would interfere with a
11 13 pending autopsy or official investigation under federal law or
11 14 the law of any state.
11 15 f. The decedent is not a citizen or resident of the United
11 16 States and is not recorded on the registry. However, if one
11 17 of the individuals noted in paragraph "b" authorizes the
11 18 removal of the organ at the time of the decedent's death, the
11 19 organ may be removed.
11 20 3. Following removal of an organ from a donor or a
11 21 restricted donor, the remainder of the body vests in the
11 22 surviving spouse, the next of kin, or any other person
11 23 responsible for the disposal of the body.
11 24 4. On or before the admission of a patient to a health
11 25 care institution, or as soon as is practicable after
11 26 admission, the health care institution shall do all of the
11 27 following:
11 28 a. Determine the status of the patient on the registry.
11 29 b. Inform the patient, if the patient is a competent
11 30 adult, or the patient's parent if the patient is a minor, or
11 31 the patient's guardian if the patient is an incompetent adult,
11 32 of the options available for organ donation and of
11 33 registration with the registry.
11 34 c. Provide the patient, or the patient's parent or
11 35 guardian, as applicable, with the appropriate donor form.
12 1 5. If a patient, or the patient's parent or guardian, as
12 2 applicable, files a donor form with a health care institution
12 3 in accordance with the procedures established in subsection 4,
12 4 the health care institution shall immediately forward the
12 5 information contained on the form to the department.
12 6 Notarization is not necessary if the form is completed under
12 7 section 4.
12 8 6. A health care institution does not have an affirmative
12 9 duty under this chapter to locate an individual or request a
12 10 decision from an individual who may authorize or object to the
12 11 removal of an organ under subsection 2.
12 12 7. The status of a patient on the registry or on a donor
12 13 form filed with a health care institution pursuant to
12 14 subsection 5 shall be recorded on the patient's medical
12 15 record.
12 16 Sec. 8. NEW SECTION. 142C.8 CONSCIENTIOUS OBJECTION,
12 17 CONFLICT OF INTEREST, AND TRANSFER OF PATIENTS.
12 18 1. Subject to the conditions of subsection 2, a health
12 19 care provider who has a conscientious objection or a conflict
12 20 of interest with respect to any aspect of a transplantation
12 21 procedure involving a deceased individual's organ may refuse
12 22 to participate, directly or indirectly, in any aspect of a
12 23 transplantation procedure.
12 24 2. A health care provider who has a conscientious
12 25 objection or conflict of interest regarding a specific patient
12 26 pursuant to subsection 1, shall refer or transfer the patient
12 27 immediately to another health care provider who has no
12 28 objection or conflict of interest with regard to any aspect of
12 29 the transplantation procedure.
12 30 Sec. 9. NEW SECTION. 142C.9 IMMUNITIES.
12 31 1. A health care provider who acts in good faith in
12 32 accordance with the terms of this chapter, is immune from any
12 33 liability, civil or criminal, or from disciplinary action for
12 34 unprofessional conduct, based upon the provider's
12 35 participation, directly or indirectly, in a transplantation
13 1 procedure.
13 2 2. A health care provider who relies on the information
13 3 recorded in the registry or in the patient's medical record,
13 4 is immune from any liability, civil or criminal, or from
13 5 disciplinary action for unprofessional conduct for
13 6 participating, directly or indirectly, in a transplantation
13 7 procedure.
13 8 3. An individual who donates an organ on the individual's
13 9 own behalf, or on behalf of another individual for whom the
13 10 individual has authority to donate an organ, in accordance
13 11 with this chapter, is immune from any liability, civil or
13 12 criminal, which is based upon any injury that may result from
13 13 the transplantation of the organ.
13 14 Sec. 10. NEW SECTION. 142C.10 SERVICE BUT NOT A SALE.
13 15 The procurement, processing, distribution, or use of whole
13 16 blood, plasma, blood products, blood derivatives, and other
13 17 human tissues such as corneas, bones, or organs for the
13 18 purpose of injecting, transfusing, or transplanting any of
13 19 them into the human body is declared to be, for all purposes,
13 20 the rendition of a service by every person participating in
13 21 the service and whether or not any remuneration is paid for
13 22 the service, is declared not to be a sale of the whole blood,
13 23 plasma, blood products, blood derivatives, or other tissues,
13 24 for any purpose. However, any person or entity that renders
13 25 such service warrants only under this section that due care
13 26 has been exercised and that professional standards of care in
13 27 providing such service to the current state of the medical
13 28 arts have been followed. Strict liability, in tort, shall not
13 29 be applicable to the rendition of such service.
13 30 Sec. 11. NEW SECTION. 142C.11 EFFECTS ON INSURANCE AND
13 31 HEALTH CARE.
13 32 1. The recordation of an individual on the registry as a
13 33 donor, nondonor, or restricted donor shall not affect the
13 34 sale, procurement, issuance, or terms of a health, life, or
13 35 annuity policy or contract and shall not affect, impair, or
14 1 modify the terms of any existing health, life, or annuity
14 2 policy or contract. A health, life, or annuity policy is not
14 3 legally impaired or invalidated by any act or procedure
14 4 authorized under this chapter.
14 5 2. A person shall not prohibit or require the execution of
14 6 a donor form as a condition of health care insurance or
14 7 benefits coverage.
14 8 Sec. 12. Section 142A.2, subsection 2, unnumbered
14 9 paragraph 1, and subsection 3, Code 1995, is amended to read
14 10 as follows:
14 11 Any of the following persons, in order of priority stated,
14 12 when persons in prior classes are not available at the time of
14 13 death, and in the absence of actual notice of contrary
14 14 indications by the decedent whether indicated through
14 15 registration with the Iowa organ donor registry, through
14 16 completion of a Donor Form A or a Donor Form B in the
14 17 decedent's medical records or through any other manner, or
14 18 actual notice of opposition by a member of the same or a prior
14 19 class, may give all or any part of the decedent's body for any
14 20 purposes specified in section 142A.3:
14 21 3. If the donee has actual notice of contrary indications
14 22 by the decedent through completion of Donor Form A or Donor
14 23 Form B, by inclusion of the contrary indication in the
14 24 decedent's medical records, or through any other means, or
14 25 that a gift by a member of a class is opposed by a member of
14 26 the same or a prior class, the donee shall not accept the
14 27 gift.
14 28 Sec. 13. Section 142A.4, subsection 2, Code 1995, is
14 29 amended to read as follows:
14 30 2. A gift of all or part of the body under section 142A.2,
14 31 subsection 1, may also be made by a document other than a
14 32 will. The gift becomes effective upon the death of the donor.
14 33 The document, which may be a card designed to be carried on
14 34 the person, must be signed by the donor, in the presence of
14 35 two witnesses who must sign the document in the donor's
15 1 presence. If the donor cannot sign, the document may be
15 2 signed for the donor at the donor's direction and in the
15 3 donor's presence, and in the presence of two witnesses who
15 4 must sign the document in the donor's presence. The document
15 5 may also be a Donor Form A described in and completed in
15 6 accordance with section 142C.6. Delivery of the document of
15 7 gift during the donor's lifetime is not necessary to make the
15 8 gift valid.
15 9 Sec. 14. Section 142A.4, Code 1995, is amended by adding
15 10 the following new subsection:
15 11 NEW SUBSECTION. 6. This section shall not be construed to
15 12 preclude the donation of a part by recordation as a donor or
15 13 restricted donor on the Iowa organ donor registry pursuant to
15 14 chapter 142C.
15 15 Sec. 15. Section 142A.6, subsection 1, Code 1995, is
15 16 amended by adding the following new paragraph:
15 17 NEW PARAGRAPH. e. Filing a new Donor Form A with the Iowa
15 18 department of transportation or by completing an initial or
15 19 renewal application for a driver's license or identification
15 20 card, pursuant to section 142C.4, or by indicating the
15 21 amendment or revocation in the donor's medical records
15 22 pursuant to section 142C.7.
15 23 Sec. 16. NEW SECTION. 142A.11 COORDINATION WITH CHAPTER
15 24 142C.
15 25 If this chapter and chapter 142C conflict, chapter 142C
15 26 shall control.
15 27 EXPLANATION
15 28 This bill establishes an Iowa organ donor registry within
15 29 the Iowa department of transportation, which is to develop a
15 30 uniform database to reflect the donative status of registrants
15 31 and to make the data accessible to health care institutions,
15 32 organ procurement organizations, and others.
15 33 Under the registry provisions, an individual applying for
15 34 initial or renewal application for driver's license or
15 35 identification cards, who is 18 years of age or older, is to
16 1 complete forms which indicate the individual's donor status.
16 2 An individual may also complete the donor form at any other
16 3 time and file the form with the department. A parent may also
16 4 register a minor child's donor status and a guardian may also
16 5 register an incompetent adult's donor status with the
16 6 department.
16 7 The bill also establishes duties of the department
16 8 regarding the registry program, provides examples of the forms
16 9 to be used, provides requirements for removal of cadaveric
16 10 organs, provides conscientious objection or conflict of
16 11 interest provisions with regard to a health care provider's
16 12 actions in relation to transplants, provides for good faith
16 13 immunity, establishes that certain actions taken regarding
16 14 donation and transplantation of body parts are a service and
16 15 not a sale, and provides that donation of a body part does not
16 16 affect an insurance policy and that insurance coverage shall
16 17 not prohibit or require execution of a donation form as a
16 18 condition of coverage.
16 19 The bill also makes conforming changes in the current
16 20 anatomical gift Act chapter.
16 21 LSB 1027HH 76
16 22 pf/cf/24
Text: HF00121 Text: HF00123 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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