HF 965

as introduced - 87th Legislature (2011 - 2012) Posted on 03/09/2011 09:35am

A bill for an act
relating to anatomical gifts; adding to the types of documents upon which a
donor may make an anatomical gift; amending Minnesota Statutes 2010, section
525A.05; proposing coding for new law in Minnesota Statutes, chapter 525A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2010, section 525A.05, is amended to read:

525A.05 MANNER OF MAKING ANATOMICAL GIFT BEFORE DONOR'S
DEATH.

(a) A donor may make an anatomical gift:

(1) by authorizing a statement or symbol indicating that the donor has made an
anatomical gift to be imprinted on the donor's driver's license deleted text begin or deleted text end new text begin , new text end identification card new text begin , or
other document, as specified in section 525A.055 new text end ;

(2) in a will;

(3) during a terminal illness or injury of the donor, by any form of communication
addressed to at least two adults, at least one of whom is a disinterested witness; or

(4) as provided in paragraph (b).

(b) A donor or other person authorized to make an anatomical gift under section
525A.04 may make a gift by a donor card or other record signed by the donor or other
person making the gift or by authorizing that a statement or symbol indicating that the
donor has made an anatomical gift be included on a donor registry. If the donor or
other person is physically unable to sign a record, the record may be signed by another
individual at the direction of the donor or other person and must:

(1) be witnessed by at least two adults, at least one of whom is a disinterested
witness, who have signed at the request of the donor or the other person; and

(2) state that it has been signed and witnessed as provided in clause (1).

(c) Revocation, suspension, expiration, or cancellation of a driver's license or
identification card upon which an anatomical gift is indicated does not invalidate the gift.

(d) An anatomical gift made by will takes effect upon the donor's death whether or
not the will is probated. Invalidation of the will after the donor's death does not invalidate
the gift.

(e) The making of an anatomical gift does not authorize or direct a denial of health
care.

Sec. 2.

new text begin [525A.055] DONOR DOCUMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Application for donor documents. new text end

new text begin Applications for the permits or
licenses specified in subdivision 2 must include a method for the applicant to indicate a
desire to make an anatomical gift. The application must contain statements sufficient to
comply with the requirements of this chapter, so that execution of the application or donor
document will make the anatomical gift for those indicating a desire to make an anatomical
gift. The application must be accompanied by information describing Minnesota laws
regarding anatomical gifts and the need for and benefits of anatomical gifts, and the legal
implications of making an anatomical gift, including the law governing revocation of
anatomical gifts. The commissioner issuing the permit or license shall distribute a notice
that must accompany all applications for and renewals of permits or licenses administered
by the commissioner. The notice must be prepared in conjunction with a Minnesota organ
procurement organization that is certified by the federal Department of Health and Human
Services and must include: (1) a statement that provides a fair and reasonable description
of the organ donation process, the care of the donor body after death, and the importance
of informing family members of the donation decision; and (2) a telephone number in a
certified Minnesota organ procurement organization that may be called with respect to
questions regarding anatomical gifts.
new text end

new text begin Subd. 2. new text end

new text begin Donor documents. new text end

new text begin Documents upon which a donor may make an
anatomical gift as permitted under section 525A.05 include the following:
new text end

new text begin (1) the donor's driver's license or identification card;
new text end

new text begin (2) the donor's watercraft operator's permit under chapter 86B;
new text end

new text begin (3) the donor's hunting license under chapter 97B;
new text end

new text begin (4) the donor's permit to carry a weapon under section 624.714; or
new text end

new text begin (5) the donor's transferee permit under section 624.7131.
new text end