HF 3431

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to probate; modifying provisions for making 
  1.3             anatomical gifts on driver's license applications; 
  1.4             providing for notice regarding the scope of anatomical 
  1.5             gifts; amending Minnesota Statutes 1998, sections 
  1.6             171.06, subdivision 3; and 525.9214. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1998, section 171.06, 
  1.9   subdivision 3, is amended to read: 
  1.10     Subd. 3.  [CONTENTS OF APPLICATION; OTHER INFORMATION.] (a) 
  1.11  An application must state the full name, date of birth, sex and 
  1.12  residence address of the applicant, a description of the 
  1.13  applicant in such manner as the commissioner may require, and 
  1.14  must state whether or not the applicant has theretofore been 
  1.15  licensed as a driver; and, if so, when and by what state or 
  1.16  country and whether any such license has ever been suspended or 
  1.17  revoked, or whether an application has ever been refused; and, 
  1.18  if so, the date of and reason for such suspension, revocation, 
  1.19  or refusal, together with such facts pertaining to the applicant 
  1.20  and the applicant's ability to operate a motor vehicle with 
  1.21  safety as may be required by the commissioner.  An application 
  1.22  for a class C, class B, or class A driver's license also must 
  1.23  state the applicant's social security number.  An application 
  1.24  for a class D driver's license must have a space for the 
  1.25  applicant's social security number and state that providing the 
  1.26  number is optional, or otherwise convey that the applicant is 
  2.1   not required to enter the social security number.  
  2.2      (b) The application form must contain a space where the 
  2.3   applicant may indicate a desire to make an anatomical gift and 
  2.4   include a conspicuous notice that:  (1) indicating a desire to 
  2.5   make an anatomical gift in the space will result in an 
  2.6   unrestricted anatomical gift of all body organs and parts for 
  2.7   purposes of transplantation, and (2) if the applicant wishes to 
  2.8   restrict the scope of the gift, the applicant should execute an 
  2.9   alternative form of gift document.  If the applicant does not 
  2.10  indicate a desire to make an anatomical gift when the 
  2.11  application is made, the applicant must be offered a donor 
  2.12  document in accordance with section 171.07, subdivision 5.  The 
  2.13  application form must contain statements sufficient to comply 
  2.14  with the requirements of the Uniform Anatomical Gift Act (1987), 
  2.15  sections 525.921 to 525.9224, so that execution of the 
  2.16  application or donor document will make the anatomical gift as 
  2.17  provided in section 171.07, subdivision 5, for those indicating 
  2.18  a desire to make an anatomical gift.  The application form must 
  2.19  also be accompanied by a pamphlet describing Minnesota laws 
  2.20  regarding anatomical gifts and the need for and benefits of 
  2.21  anatomical gifts.  
  2.22     (c) The application form must contain a notification to the 
  2.23  applicant of the availability of a living will/health care 
  2.24  directive designation on the license under section 171.07, 
  2.25  subdivision 7.  
  2.26     (d) The application must be in the form prepared by the 
  2.27  commissioner.  
  2.28     (e) The application form must be accompanied by a pamphlet 
  2.29  containing relevant facts relating to:  
  2.30     (1) the effect of alcohol on driving ability; 
  2.31     (2) the effect of mixing alcohol with drugs; 
  2.32     (3) the laws of Minnesota relating to operation of a motor 
  2.33  vehicle while under the influence of alcohol or a controlled 
  2.34  substance; and 
  2.35     (4) the levels of alcohol-related fatalities and accidents 
  2.36  in Minnesota and of arrests for alcohol-related violations. 
  3.1      The application form must also be accompanied by a pamphlet 
  3.2   describing Minnesota laws regarding anatomical gifts and the 
  3.3   need for and benefits of anatomical gifts. 
  3.4      Sec. 2.  Minnesota Statutes 1998, section 525.9214, is 
  3.5   amended to read: 
  3.6      525.9214 [ROUTINE INQUIRY AND REQUIRED REQUEST; SEARCH AND 
  3.7   NOTIFICATION.] 
  3.8      (a) If, at or near the time of death of a patient, there is 
  3.9   no documentation in the medical record that the patient has made 
  3.10  or refused to make an anatomical gift, the hospital 
  3.11  administrator or a representative designated by the 
  3.12  administrator shall discuss with the patient or a relative of 
  3.13  the patient the option to make or refuse to make an anatomical 
  3.14  gift and may request the making of an anatomical gift pursuant 
  3.15  to section 525.9211 or 525.9212.  The request must be made with 
  3.16  reasonable discretion and sensitivity to the circumstances of 
  3.17  the family.  The request must include a discussion of the 
  3.18  organs, tissues, or body parts that may be included in an 
  3.19  anatomical gift, the purposes for which a gift may be used, and 
  3.20  the options available for the patient or relative to limit the 
  3.21  scope or purpose of the anatomical gift.  A request is not 
  3.22  required if the gift is not suitable, based upon accepted 
  3.23  medical standards, for a purpose specified in section 525.9215.  
  3.24  An entry must be made in the medical record of the patient, 
  3.25  stating the name of the individual making the request, and the 
  3.26  name, response, and relationship to the patient of the person to 
  3.27  whom the request was made.  
  3.28     (b) The following persons shall make a reasonable search 
  3.29  for a document of gift or other information identifying the 
  3.30  bearer as a donor or as an individual who has refused to make an 
  3.31  anatomical gift: 
  3.32     (1) a law enforcement officer, firefighter, paramedic, or 
  3.33  other emergency rescuer finding an individual who the searcher 
  3.34  believes is dead or near death; 
  3.35     (2) a hospital or emergency care facility, upon the 
  3.36  admission or presentation of an individual at or near the time 
  4.1   of death, if there is not immediately available any other source 
  4.2   of that information; and 
  4.3      (3) a medical examiner or coroner upon receipt of a body. 
  4.4      (c) If a document of gift or evidence of refusal to make an 
  4.5   anatomical gift is located by the search required by paragraph 
  4.6   (b), clause (1), and the individual or body to whom it relates 
  4.7   is taken to a hospital, the hospital must be notified of the 
  4.8   contents and the document or other evidence must be sent to the 
  4.9   hospital. 
  4.10     (d) If, at or near the time of death of a patient, a 
  4.11  hospital knows that an anatomical gift has been made pursuant to 
  4.12  section 525.9212, paragraph (a), or a release and removal of a 
  4.13  part has been permitted pursuant to section 525.9213, or that a 
  4.14  patient or an individual identified as in transit to the 
  4.15  hospital is a donor, the hospital shall notify the donee if one 
  4.16  is named and known to the hospital; if not, it shall notify an 
  4.17  appropriate procurement organization.  The hospital shall 
  4.18  cooperate in the implementation of the anatomical gift or 
  4.19  release and removal of a part. 
  4.20     (e) A person who fails to discharge the duties imposed by 
  4.21  this section is not subject to criminal or civil liability.