Text: SSB03048                          Text: SSB03050
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Senate Study Bill 3049

Bill Text

PAG LIN
  1  1    Section 1.  Section 142C.2, subsection 4, Code Supplement
  1  2 2001, is amended to read as follows:
  1  3    4.  "Document of gift" means a card signed by an individual
  1  4 donor, a written statement attached to or imprinted or noted
  1  5 on a driver's license or nonoperator's identification card, an
  1  6 entry in a donor registry, a donor's will, or any other
  1  7 written document used by a donor to make an anatomical gift.
  1  8    Sec. 2.  Section 142C.2, Code Supplement 2001, is amended
  1  9 by adding the following new subsection:
  1 10    NEW SUBSECTION.  5A.  "Donor registry" means the statewide
  1 11 organ and tissue donor registry established pursuant to
  1 12 section 142C.18 or a similar registry.
  1 13    Sec. 3.  Section 142C.3, subsections 2, 3, and 12, Code
  1 14 2001, are amended to read as follows:
  1 15    2.  An anatomical gift may be made only by completion of a
  1 16 document of gift or as otherwise provided in this section.  If
  1 17 the prospective donor is a minor fourteen through seventeen
  1 18 years of age, to be valid, a document of gift shall be signed
  1 19 by the minor and the minor's parent or legal guardian.  If the
  1 20 document of gift requires the signature of the donor, but the
  1 21 donor is unable to sign the document, the document of gift
  1 22 shall be signed by another individual and by two witnesses,
  1 23 all of whom sign at the direction and in the presence of the
  1 24 donor, the other individual, and the two witnesses.  The
  1 25 document of gift, including an entry in a donor registry,
  1 26 shall provide certification that the document has been
  1 27 executed in the prescribed manner.
  1 28    3.  If a donor indicates the wish to become a donor,
  1 29 pursuant to section 321.189, and the indication is attached to
  1 30 or imprinted or noted on an individual's driver's license, or
  1 31 nonoperator's identification card, or if a donor indicates the
  1 32 wish to become a donor via an entry in a donor registry and
  1 33 the entry is certified as being executed in the prescribed
  1 34 manner, the document, including an entry in a donor registry,
  1 35 shall be considered an expression of intent for the purposes
  2  1 of this section a valid document of gift.
  2  2    12.  A document of gift may be in the form of a specific
  2  3 donor card such as an eye donor card, a uniform donor card, a
  2  4 driver's license, a nonoperator's identification card, an
  2  5 entry in a donor registry, a will, or any other written
  2  6 document executed pursuant to this chapter.  A uniform donor
  2  7 card shall include the options of donating any and all parts,
  2  8 or any specific part or parts.  A uniform donor card may, but
  2  9 is not required to be, in the following form:  
  2 10                       UNIFORM DONOR CARD
  2 11    I, ........, have made a commitment to be an anatomical
  2 12 gift donor.
  2 13    I wish to donate the following:  
  2 14   ...... Any needed       ............. Only the
  2 15          part                           following part
  2 16                                         ....................
  2 17    Donor Signature ..............  Date ....................
  2 18    Sec. 4.  Section 142C.4, subsection 2, paragraph a, Code
  2 19 2001, is amended to read as follows:
  2 20    a.  A person in a prior class is available, in person or by
  2 21 telephone contact, at the time of the death of the decedent to
  2 22 make an anatomical gift.
  2 23    Sec. 5.  Section 142C.6, subsection 2, Code 2001, is
  2 24 amended to read as follows:
  2 25    2.  If an anatomical gift is made to a designated donee,
  2 26 the document of gift, or a copy, may be delivered to the donee
  2 27 to expedite the appropriate procedures after the death of the
  2 28 donor.  The document of gift, or a copy, may be deposited in
  2 29 any hospital, organ procurement organization, bank or storage
  2 30 organization, or donor registry office that accepts the
  2 31 document of gift for safekeeping or for the facilitation of
  2 32 procedures after the death of the donor.  If a document is
  2 33 deposited by a donor in a hospital, donor registry, or bank or
  2 34 storage organization, the hospital or bank or storage
  2 35 organization may forward the document to an organ procurement
  3  1 organization which will retain the document for facilitating
  3  2 procedures following the death of the donor.  Upon request of
  3  3 a hospital, physician, or surgeon, upon or after the donor's
  3  4 death, the person in possession of the document of gift may
  3  5 allow the hospital, physician, or surgeon to examine or copy
  3  6 the document of gift.
  3  7    Sec. 6.  Section 142C.7, Code 2001, is amended to read as
  3  8 follows:
  3  9    142C.7  CONFIDENTIAL INFORMATION.
  3 10    A hospital, licensed or certified health care professional,
  3 11 pursuant to chapter 148, 148C, 150A, or 152, or medical
  3 12 examiner may release patient information to an organ
  3 13 procurement organization, donor registry, or bank or storage
  3 14 organization as part of a referral or retrospective review of
  3 15 the patient as a potential donor.  Additionally, a medical
  3 16 examiner or a medical examiner's designee, peace officer, fire
  3 17 fighter, or emergency medical care provider may release an
  3 18 individual's identifying information to an organ procurement
  3 19 organization, donor registry, or bank or storage organization
  3 20 to determine if the individual is a donor.  Any information
  3 21 regarding a patient, including the patient's identity,
  3 22 however, constitutes confidential medical information and
  3 23 under any other circumstances is prohibited from disclosure
  3 24 without the written consent of the patient or the patient's
  3 25 legal representative.
  3 26    Sec. 7.  Section 142C.11, subsection 3, Code 2001, is
  3 27 amended to read as follows:
  3 28    3.  A hospital, health care professional licensed or
  3 29 certified pursuant to chapter 148, 148C, 150A, or 152, a
  3 30 medical examiner, or a medical examiner's designee,
  3 31 technician, enucleator, peace officer, fire fighter, emergency
  3 32 medical care provider, or other person, who complies with this
  3 33 chapter in good faith or with the applicable anatomical gift
  3 34 law of another state, or who attempts in good faith to comply,
  3 35 is immune from any liability, civil or criminal, which might
  4  1 result from the making or acceptance of an anatomical gift.  
  4  2                           EXPLANATION
  4  3    This bill relates to the uniform anatomical gift Act.  The
  4  4 bill defines "document of gift" to include a written statement
  4  5 attached to or imprinted or noted on a driver's license or
  4  6 nonoperator's identification card and an entry in a donor
  4  7 registry, in addition to the existing forms which include a
  4  8 card signed by the individual donor, a donor's will, or any
  4  9 other written document used by a donor to make an anatomical
  4 10 gift.  The bill also defines "donor registry" to mean the
  4 11 statewide organ and tissue donor registry established pursuant
  4 12 to Code section 142C.18 or a similar registry.
  4 13    The bill provides that valid documents of gift include a
  4 14 driver's license, a nonoperator's identification card, and an
  4 15 entry in a donor registry if the document or entry is
  4 16 certified as being executed in the prescribed manner.
  4 17    The bill provides that in the provisions relating to a
  4 18 donation of an anatomical gift by an individual other than the
  4 19 donor, such gift cannot be made if a person in a prior class
  4 20 is available, whether in person or by telephone contact, at
  4 21 the time of the death of the decedent to make an anatomical
  4 22 gift.
  4 23    The bill provides that if an anatomical gift is made to a
  4 24 designated donee, the document of gift, or a copy, may be
  4 25 deposited in any hospital, organ procurement organization,
  4 26 bank or storage organization, or donor registry office that
  4 27 accepts the document of gift for safekeeping or for the
  4 28 facilitation of procedures after the death of the donor and
  4 29 includes a donor registry as one of these entities that may
  4 30 forward the document to an organ procurement organization
  4 31 which will retain the document for facilitating procedures
  4 32 following the death of the donor.
  4 33    With regard to confidential information, the bill provides
  4 34 that in addition to a hospital, licensed or certified health
  4 35 care professional, pursuant to Code chapter 148, 148C, 150A,
  5  1 or 152, or medical examiner being able to release patient
  5  2 information to an organ procurement organization, or bank or
  5  3 storage organization as part of a referral or retrospective
  5  4 review of the patient as a potential donor, the patient
  5  5 information may also be released to a donor registry, and
  5  6 additionally the bill provides that a medical examiner or a
  5  7 medical examiner's designee, peace officer, fire fighter, or
  5  8 emergency medical care provider may release an individual's
  5  9 identifying information to an organ procurement organization,
  5 10 donor registry, or bank or storage organization for the
  5 11 purposes of determining if the individual is a donor.  The
  5 12 bill provides that the additional individuals who are
  5 13 authorized to release identifying information to determine if
  5 14 a person is a donor are provided immunity from civil or
  5 15 criminal liability if they attempt to comply in good faith
  5 16 with the anatomical gift law of this or another state.  
  5 17 LSB 5800SC 79
  5 18 pf/pj/5
     

Text: SSB03048                          Text: SSB03050
Text: SSB03000 - SSB03099               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

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