HF 2473

1st Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to drivers' licenses; specifying that organ 
  1.3             donor designation on driver's license or Minnesota 
  1.4             identification card establishes intent; amending 
  1.5             Minnesota Statutes 2000, section 525.9211.  
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2000, section 525.9211, is 
  1.8   amended to read: 
  1.9      525.9211 [MAKING, AMENDING, REVOKING, AND REFUSING TO MAKE 
  1.10  ANATOMICAL GIFTS BY INDIVIDUAL.] 
  1.11     (a) An individual who is at least 18 years of age, or a 
  1.12  minor with the written consent of a parent or legal guardian, 
  1.13  may (i) make an anatomical gift for any of the purposes stated 
  1.14  in section 525.9215, paragraph (a), (ii) limit an anatomical 
  1.15  gift to one or more of those purposes, or (iii) refuse to make 
  1.16  an anatomical gift. 
  1.17     (b) An anatomical gift may be made by a will or by a 
  1.18  document of gift signed by the donor.  If the donor cannot sign, 
  1.19  the document of gift must be signed by another individual and by 
  1.20  two witnesses, all of whom have signed at the direction and in 
  1.21  the presence of the donor and of each other, and state that it 
  1.22  has been so signed. 
  1.23     (c) If a document of gift is attached to or imprinted on a 
  1.24  donor's motor vehicle operator's or chauffeur's license, the 
  1.25  document of gift must comply with paragraph (b).  Revocation, 
  2.1   suspension, expiration, or cancellation of the license does not 
  2.2   invalidate the anatomical gift. 
  2.3      (d) A document of gift may designate a particular physician 
  2.4   or surgeon to carry out the appropriate procedures.  In the 
  2.5   absence of a designation or if the designee is not available, 
  2.6   the donee or other person authorized to accept the anatomical 
  2.7   gift may employ or authorize any physician, surgeon, technician, 
  2.8   or enucleator to carry out the appropriate procedures. 
  2.9      (e) An anatomical gift by will takes effect upon death of 
  2.10  the testator, whether or not the will is probated.  If, after 
  2.11  death, the will is declared invalid for testamentary purposes, 
  2.12  the validity of the anatomical gift is unaffected. 
  2.13     (f) A donor may amend or revoke an anatomical gift, not 
  2.14  made by will, only by: 
  2.15     (1) a signed statement; 
  2.16     (2) an oral statement made in the presence of two 
  2.17  individuals; 
  2.18     (3) any form of communication during a terminal illness or 
  2.19  injury addressed to a health care professional or member of the 
  2.20  clergy; or 
  2.21     (4) the delivery of a signed statement to a specified donee 
  2.22  to whom a document of gift had been delivered. 
  2.23     (g) The donor of an anatomical gift made by will may amend 
  2.24  or revoke the gift in the manner provided for amendment or 
  2.25  revocation of wills, or as provided in paragraph (f). 
  2.26     (h) An anatomical gift that is not revoked by the donor 
  2.27  before death is irrevocable and does not require the consent or 
  2.28  concurrence of any person after the donor's death.  An organ 
  2.29  donor designation on a driver's license or Minnesota 
  2.30  identification card made under section 171.07, subdivision 5, 
  2.31  and not revoked, establishes the intent of the person making the 
  2.32  designation and may not be overridden by any other person. 
  2.33     (i) An individual may refuse to make an anatomical gift of 
  2.34  the individual's body or part by (i) a writing signed in the 
  2.35  same manner as a document of gift, or (ii) any other writing 
  2.36  used to identify the individual as refusing to make an 
  3.1   anatomical gift.  During a terminal illness or injury, the 
  3.2   refusal may be an oral statement or other form of communication. 
  3.3      (j) In the absence of contrary indications by the donor, an 
  3.4   anatomical gift of a part is neither a refusal to give other 
  3.5   parts nor a limitation on an anatomical gift under section 
  3.6   525.9212 or on a removal or release of other parts under section 
  3.7   525.9213. 
  3.8      (k) In the absence of contrary indications by the donor, a 
  3.9   revocation or amendment of an anatomical gift is not a refusal 
  3.10  to make another anatomical gift.  If the donor intends a 
  3.11  revocation to be a refusal to make an anatomical gift, the donor 
  3.12  shall make the refusal pursuant to paragraph (i).