Text: SSB03048 Text: SSB03050 Text: SSB03000 - SSB03099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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 consideredan expression of intent for the purposes2 1of this sectiona 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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