REFUSAL TO MAKE ANATOMICAL GIFT Present law authorizes an individual to refuse to make an anatomical gift of the individual's body or part by a writing signed in the same manner as a document of gift or any other writing used to identify the individual as refusing to make an anatomical gift. A terminal patient may refuse to make an anatomical gift by oral statement or other form of communication. This bill provides that if an individual or terminal patient has refused to make such an anatomical gift in accordance with the above provisions, then the individual's signed writing or attestation to the terminal patient's oral statement or other form of communication bars another person from making or amending an anatomical gift of the individual or terminal patient's body or part. This bill prohibits, if a decedent refused to make an anatomical gift of the decedent's body or part, a procurement organization from contacting (i) a guardian or conservator of the person of the decedent at the time of death with legal authority to make healthcare decisions, (ii) an agent of the decedent, (iii) the spouse of the decedent, (iv) adult children of the decedent, (v) parents of the decedent, (vi) adult siblings of the decedent, (vii) adult grandchildren of the decedent, (viii) grandparents of the decedent, (ix) a surrogate identified pursuant to existing law, (x) an adult who exhibited special care and concern for the decedent, and (xi) any other person having the authority to dispose of the decedent's body, and the remains of the decedent must be immediately released to the funeral home authorized by the decedent's next of kin. This bill authorizes a procurement organization to contact the persons described in (i)-(xi) above within six hours of cessation of the decedent's heartbeat, if the decedent did not refuse to make an anatomical gift of decedent's tissue, and the persons described in (i)-(xi) above are not barred from making or amending an anatomical gift of a decedent's tissue pursuant to this bill or another law. However, the remains of the decedent must be immediately released to the funeral home authorized by the decedent's next of kin if a procurement organization does not make initial contact with a person specified in this provision. This bill authorizes a person or entity that reasonably believes a procurement organization, hospital, person, or another entity violated this bill to file a complaint with the department of health ("department") or appropriate licensing board under existing law. If the department or licensing board finds that the procurement organization, hospital, person, or another entity violated this bill, then the department or licensing board, as applicable, must assess each party that violated this bill a civil penalty of $500.WHO MAY MAKE AN ANATOMICAL GIFT OF DECEDENT'S BODY OR PART Present law authorizes an anatomical gift of a decedent's body or part for purpose of transplantation, therapy, research, or education to be made by any person described in (i)-(xi) above who is reasonably available in the order of the persons as listed above. However, if there is more than one member of a class listed in subdivisions (iv), (v), (vi), (vii) or (viii) above entitled to make an anatomical gift, then the anatomical gift may be made by any such person in those classes, unless that person, or a person to which the gift may pass, knows of an objection by another person of the class. If an objection is known, then the gift must only be made by a majority of the persons of the class who are reasonably available. Present law prohibits a person from making an anatomical gift if, at the time of the decedent's death, the person in a prior class is reasonably available to make or to object to the making of an anatomical gift. This bill adds to the present law by prohibiting a person listed in (i)-(xi) above from making an anatomical gift of the body or part of the decedent if the decedent refused to make an anatomical gift of the decedent's body or part and there is a signed writing or attestation to an oral statement or other form of communication by the decedent made in accordance with existing law.

Statutes affected:
Introduced: 62-13-104(b)(3)(B)(i), 62-13-104, 62-13-104(b)(3)(B)