The bill, introduced by Senator Pressly, amends several sections of the Louisiana Revised Statutes related to the Anatomical Gift Act, specifically R.S. 17:2351, 2354, 2354.1, 2354.2, 2354.7, 2354.8, and 2357, while enacting new sections R.S. 17:2351.1 and 2354.10 through 2354.14. It aims to clarify the procedures for executing anatomical gifts, including definitions for terms such as "authorization," "consent," and "legally effective." The legislation ensures that anatomical gifts cannot be executed in a manner that causes or hastens the donor's death and outlines that individuals aged eighteen or older, or emancipated minors, can execute gifts through various methods. The bill also establishes that refusals to make anatomical gifts carry the same legal weight as gifts and clarifies that a refusal bars others from making a gift unless indicated otherwise.

Additionally, the bill introduces specific provisions regarding minors, stating that anatomical gift decisions made by minors are not legally effective unless the minor is emancipated or legally married. It prohibits state agencies from soliciting anatomical gift decisions from minors without parental consent and mandates that procurement organizations conduct reasonable searches for a minor's parents upon the minor's death. The bill emphasizes that any authorization for anatomical gifts after death does not imply consent for pre-death interventions that could hasten death. Overall, the legislation seeks to enhance the clarity and effectiveness of laws governing anatomical gifts while protecting the rights of donors and their families, with an effective date set for January 1, 2027.

Statutes affected:
SB427 Original: 17:2357(A)
SB427 Engrossed: 17:2357(A)