HF 3064

as introduced - 88th Legislature (2013 - 2014) Posted on 03/13/2014 02:52pm

A bill for an act
relating to natural resources; requiring applications for hunting and fishing
licenses to allow an applicant to be an organ donor; allowing cash contributions
to fund public education regarding anatomical gifts to be made when applying
for hunting and fishing licenses; amending Minnesota Statutes 2012, sections
97A.475, by adding a subdivision; 171.075, subdivision 1.

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

Section 1.

Minnesota Statutes 2012, section 97A.475, is amended by adding a
subdivision to read:

Subd. 8a.

Anatomical gift; donor records; donation.

(a) A license issued under
subdivision 2, 6, or 8 or under section 97A.473 must contain a provision that allows the
applicant to indicate a desire to make an anatomical gift according to paragraph (b).

(b) The application must contain statements sufficient to comply with the
requirements of the Darlene Luther Revised Uniform Anatomical Gift Act, chapter
525A, so that execution of the application or donor document will make the anatomical
gift as provided in section 171.07, subdivision 5, for those indicating a desire to make
an anatomical gift. The application must be accompanied by information describing
Minnesota laws regarding anatomical gifts, 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 shall distribute a notice that must
accompany all applications for and renewals of a license subject to this subdivision. The
notice must be prepared in conjunction with a Minnesota organ procurement organization
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 for a Minnesota organ procurement organization that may be
called for questions regarding anatomical gifts.

(c) For the purposes of this subdivision, "organ procurement organization" means
an organ procurement organization that is certified by the federal Centers for Medicare
and Medicaid Services.

(d) The commissioner shall identify donors of anatomical gifts by the designation
"donor" on the front side of the license. The issuance of a license identifying the person as
a donor completes the donation process and the license constitutes the final donor record.

(e) The commissioner is not required to keep the physical record of the donor card
or application after issuing the license for the donation to be valid. The commissioner
shall maintain a computer record of donors.

(f) An organ procurement organization must be allowed reasonable access to
information in the records of the Department of Natural Resources to ascertain whether an
individual at or near death is a donor of an anatomical gift. The commissioner shall consult
with the Department of Public Safety and a Minnesota organ procurement organization to
assist the commissioner in developing an efficient and effective mechanism to provide
reasonable access to the department's records.

(g) Revocation, suspension, expiration, or cancellation of the license does not
invalidate the anatomical gift. The designation "donor" constitutes sufficient legal
authority for the removal of all body organs or parts upon death of the donor for the
purpose of transplantation. The donor designation may be removed only upon written
notice to the commissioner. Delivery of the license during the donor's lifetime is not
necessary to make the gift valid.

(h) An application for a license subject to this subdivision must contain a provision
that allows the applicant to add to the applicable fee a $2 donation for public information
and education on anatomical gifts under section 171.075.

EFFECTIVE DATE.

This section is effective the day following final enactment
and applies to applications for licenses submitted after September 1, 2016.

Sec. 2.

Minnesota Statutes 2012, section 171.075, subdivision 1, is amended to read:

Subdivision 1.

Anatomical gift account.

An anatomical gift account is established
in the special revenue fund. The account consist of funds donated under sections 97A.475,
subdivision 8a, 168.013, subdivision 22, and 171.06, subdivision 2, and any other money
donated, allotted, transferred, or otherwise provided to the account. Money in the account
is annually appropriated to the commissioner for (1) grants under subdivision 2, and (2)
administrative expenses in implementing the donation and grant program.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 3. INTERIM REPORT.

By January 1, 2015, the commissioner of natural resources must submit a report
to the chairs and ranking minority members of the senate and house of representatives
committees with primary jurisdiction over natural resources policy that describes the
progress made in implementing this act, including the arrangements made to provide
access to departmental records and any delays or problems encountered.