Text: SF02194 Text: SF02196 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 SENATE FILE 2195 1 2 1 3 AN ACT 1 4 RELATING TO THE UNIFORM ANATOMICAL GIFT ACT INCLUDING THE 1 5 DOCUMENT OF GIFT, THE RELEASE OF IDENTIFYING INFORMATION, 1 6 DONORS OTHER THAN THE SUBJECT OF THE DONATION, AND IMMUNITY 1 7 PROVISIONS. 1 8 1 9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 10 1 11 Section 1. Section 142C.2, subsection 4, Code Supplement 1 12 2001, is amended to read as follows: 1 13 4. "Document of gift" means a card signed by an individual 1 14 donor, a written statement attached to or imprinted or noted 1 15 on a driver's license or nonoperator's identification card, an 1 16 entry in a donor registry, a donor's will, or any other 1 17 written document used by a donor to make an anatomical gift. 1 18 Sec. 2. Section 142C.2, Code Supplement 2001, is amended 1 19 by adding the following new subsection: 1 20 NEW SUBSECTION. 5A. "Donor registry" means the statewide 1 21 organ and tissue donor registry established pursuant to 1 22 section 142C.18 or a similar registry. 1 23 Sec. 3. Section 142C.3, subsections 2, 3, and 12, Code 1 24 2001, are amended to read as follows: 1 25 2. An anatomical gift may be made only by completion of a 1 26 document of gift or as otherwise provided in this section. If 1 27 the prospective donor is a minor fourteen through seventeen 1 28 years of age, to be valid, a document of gift shall be signed 1 29 by the minor and the minor's parent or legal guardian. If the 1 30 document of gift requires the signature of the donor, but the 1 31 donor is unable to sign the document, the document of gift 1 32 shall be signed by another individual and by two witnesses, 1 33 all of whom sign at the direction and in the presence of the 1 34 donor, the other individual, and the two witnesses. The 1 35 document of gift, including an entry in a donor registry, 2 1 shall provide certification that the document has been 2 2 executed in the prescribed manner. 2 3 3. If a donor indicates the wish to become a donor, 2 4 pursuant to section 321.189, and the indication is attached to 2 5 or imprinted or noted on an individual's driver's license,or 2 6 nonoperator's identification card, or if a donor indicates the 2 7 wish to become a donor via an entry in a donor registry and 2 8 the entry is certified as being executed in the prescribed 2 9 manner, the document, including an entry in a donor registry, 2 10 shall be consideredan expression of intent for the purposes2 11of this sectiona valid document of gift. 2 12 12. A document of gift may be in the form of a specific 2 13 donor card such as an eye donor card, a uniform donor card, a 2 14 driver's license, a nonoperator's identification card, an 2 15 entry in a donor registry, a will, or any other written 2 16 document executed pursuant to this chapter. A uniform donor 2 17 card shall include the options of donating any and all parts, 2 18 or any specific part or parts. A uniform donor card may, but 2 19 is not required to be, in the following form: 2 20 UNIFORM DONOR CARD 2 21 I, ........, have made a commitment to be an anatomical 2 22 gift donor. 2 23 I wish to donate the following: 2 24 ...... Any needed ............. Only the 2 25 part following part 2 26 .................... 2 27 Donor Signature .............. Date .................... 2 28 Sec. 4. Section 142C.3, subsection 8, Code 2001, is 2 29 amended by striking the subsection and inserting in lieu 2 30 thereof the following: 2 31 8. A document of gift that is not revoked by the donor 2 32 prior to the donor's death does not require the consent or 2 33 concurrence of any other person after the donor's death and is 2 34 sufficient legal authority, following the donor's death, for 2 35 the removal of any part donated under the document of gift, 3 1 without the consent or concurrence of any other person. A 3 2 person, including but not limited to a family member, a 3 3 guardian, an attorney in fact named under a durable power of 3 4 attorney for health care, or an executor of the donor's 3 5 estate, is not authorized to and shall not revoke or in any 3 6 way supersede a document of gift that is not revoked by the 3 7 donor prior to the donor's death. 3 8 Sec. 5. Section 142C.4, subsection 2, paragraph a, Code 3 9 2001, is amended to read as follows: 3 10 a. A person in a prior class is available, in person or by 3 11 telephone contact, at the time of the death of the decedent to 3 12 make an anatomical gift. 3 13 Sec. 6. Section 142C.6, subsection 2, Code 2001, is 3 14 amended to read as follows: 3 15 2. If an anatomical gift is made to a designated donee, 3 16 the document of gift, or a copy, may be delivered to the donee 3 17 to expedite the appropriate procedures after the death of the 3 18 donor. The document of gift, or a copy, may be deposited in 3 19 any hospital, organ procurement organization, bank or storage 3 20 organization, or donor registry office that accepts the 3 21 document of gift for safekeeping or for the facilitation of 3 22 procedures after the death of the donor. If a document is 3 23 deposited by a donor in a hospital, donor registry, or bank or 3 24 storage organization, the hospital or bank or storage 3 25 organization may forward the document to an organ procurement 3 26 organization which will retain the document for facilitating 3 27 procedures following the death of the donor. Upon request of 3 28 a hospital, physician, or surgeon, upon or after the donor's 3 29 death, the person in possession of the document of gift may 3 30 allow the hospital, physician, or surgeon to examine or copy 3 31 the document of gift. 3 32 Sec. 7. Section 142C.7, Code 2001, is amended to read as 3 33 follows: 3 34 142C.7 CONFIDENTIAL INFORMATION. 3 35 A hospital, licensed or certified health care professional, 4 1 pursuant to chapter 148, 148C, 150A, or 152, or medical 4 2 examiner may release patient information to an organ 4 3 procurement organization, donor registry, or bank or storage 4 4 organization as part of a referral or retrospective review of 4 5 the patient as a potential donor. Additionally, a medical 4 6 examiner or a medical examiner's designee, peace officer, fire 4 7 fighter, or emergency medical care provider may release an 4 8 individual's identifying information to an organ procurement 4 9 organization, donor registry, or bank or storage organization 4 10 to determine if the individual is a donor. Any information 4 11 regarding a patient, including the patient's identity, 4 12 however, constitutes confidential medical information and 4 13 under any other circumstances is prohibited from disclosure 4 14 without the written consent of the patient or the patient's 4 15 legal representative. 4 16 Sec. 8. Section 142C.11, subsection 3, Code 2001, is 4 17 amended to read as follows: 4 18 3. A hospital, funeral establishment, health care 4 19 professional licensed or certified pursuant to chapter 148, 4 20 148C, 150A, or 152, a medical examiner, or a medical 4 21 examiner's designee, technician, enucleator, peace officer, 4 22 fire fighter, emergency medical care provider, funeral 4 23 director, or other person, who complies with this chapter in 4 24 good faith or with the applicable anatomical gift law of 4 25 another state, or who attempts in good faith to comply, is 4 26 immune from any liability, civil or criminal, which might 4 27 result from the making or acceptance of an anatomical gift. 4 28 4 29 4 30 4 31 MARY E. KRAMER 4 32 President of the Senate 4 33 4 34 4 35 5 1 BRENT SIEGRIST 5 2 Speaker of the House 5 3 5 4 I hereby certify that this bill originated in the Senate and 5 5 is known as Senate File 2195, Seventy-ninth General Assembly. 5 6 5 7 5 8 5 9 MICHAEL E. MARSHALL 5 10 Secretary of the Senate 5 11 Approved , 2002 5 12 5 13 5 14 5 15 THOMAS J. VILSACK 5 16 Governor
Text: SF02194 Text: SF02196 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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