SF 3371

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to anatomical gifts; amending the Darlene Luther Revised Uniform
Anatomical Gifts Act and other statutes to clarify and conform inconsistent
provisions authorizing agents to make medical decisions, control final disposition
of remains, and make anatomical gifts; correcting an erroneous reference and
making other corrections and clarifications; amending Minnesota Statutes 2007
Supplement, sections 149A.80, subdivision 2; 525A.02, subdivision 9; 525A.03;
525A.09.

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

Section 1.

Minnesota Statutes 2007 Supplement, section 149A.80, subdivision 2,
is amended to read:

Subd. 2.

Determination of right to control and duty of disposition.

The right to
control the disposition of the remains of a deceased person, including the location and
conditions of final disposition, unless other directions have been given by the decedent
pursuant to subdivision 1, vests in, and the duty of final disposition of the body devolves
upon, the following in the order of priority listed:

(1) the person or persons appointed in a dated written instrument signed by the
decedent. Written instrument includes, but is not limited to, a health care directive
executed under chapter 145C. Written instrument does not include a durable or nondurable
power of attorney which terminates on the death of the principal pursuant to sections
523.08 and 523.09;

(2) the spouse of the decedent;

(3) the adult child or the majority of the adult children of the decedent, provided
that, in the absence of actual knowledge to the contrary, a funeral director or mortician
may rely on instructions given by the child or children who represent that they are the sole
surviving child, or that they constitute a majority of the surviving children;

(4) the surviving parent or parents of the decedent, each having equal authority;

(5) the adult sibling or the majority of the adult siblings of the decedent, provided
that, in the absence of actual knowledge to the contrary, a funeral director or mortician
may rely on instructions given by the sibling or siblings who represent that they are the
sole surviving sibling, or that they constitute a majority of the surviving siblings;

(6) new text begin the adult grandchild or the majority of the adult grandchildren of the decedent,
provided that, in the absence of actual knowledge to the contrary, a funeral director or
mortician may rely on instructions given by a grandchild who represents that he or she
is the only grandchild reasonably available to control final disposition of the decedent's
remains or represents a majority of grandchildren reasonably available to control final
disposition of the decedent's remains;
new text end

new text begin (7) the grandparent or the grandparents of the decedent, each having equal authority;
new text end

new text begin (8) the adult nieces and nephews of the decedent, or a majority of them, provided
that, in the absence of actual knowledge to the contrary, a funeral director or mortician
may rely on instructions given by a niece or nephew who represents that he or she is the
only niece or nephew reasonably available to control final disposition of the decedent's
remains or represents a majority of nieces and nephews reasonably available to control
final disposition of the decedent's remains;
new text end

new text begin (9) the person or persons who were acting as the guardians of the person of the
decedent with authority to make health care decisions for the decedent at the time of death;
new text end

new text begin (10) an adult who exhibited special care and concern for the decedent;
new text end

new text begin (11) new text end the person or persons respectively in the next degree of kinship in the order
named by law to inherit the estate of the decedent; and

deleted text begin (7) deleted text end new text begin (12) new text end the appropriate public or court authority, as required by law.

For purposes of this subdivision, the appropriate public or court authority includes
the county board of the county in which the death occurred if the person dies without
apparent financial means to provide for final disposition or the district court in the county
in which the death occurred.

Sec. 2.

Minnesota Statutes 2007 Supplement, section 525A.02, subdivision 9, is
amended to read:

Subd. 9.

Donor registry.

"Donor registry" means a database that contains records
of anatomical gifts and amendments to or revocations of anatomical gifts. new text begin When feasible,
a donor registry may include records of refusals to make anatomical gifts.
new text end

Sec. 3.

Minnesota Statutes 2007 Supplement, section 525A.03, is amended to read:

525A.03 APPLICABILITY.

This chapter applies to an anatomical gift or amendment to, revocation of, or refusal
to make an anatomical gift, whenever made. new text begin A condition, restriction, or limitation of an
anatomical gift contained in a document of gift which becomes effective prior to April 1,
2008, continues to be effective under this chapter. A refusal to make an anatomical gift is
effective whenever made if the refusal is effective in accordance with the laws in effect
at the time of the refusal, and is governed by this chapter regarding the treatment and
effect of a refusal.
new text end

Sec. 4.

Minnesota Statutes 2007 Supplement, section 525A.09, is amended to read:

525A.09 WHO MAY MAKE ANATOMICAL GIFT OF DECEDENT'S BODY
OR PART.

(a) Subject to paragraphs (b) and (c) and unless barred by section 525A.07 or
525A.08, an anatomical gift of a decedent's body or part for the purpose of transplantation,
therapy, research, or education may be made by any member of the following classes of
persons who is reasonably available, in the order of priority listed:

(1) deleted text begin an deleted text end new text begin a health care new text end agent deleted text begin of deleted text end new text begin appointed by new text end the decedent deleted text begin at the time of deleted text end new text begin in accordance
with chapter 145C who immediately prior to the decedent's new text end death deleted text begin who deleted text end could have made new text begin a
health care decision for the decedent if the decedent would have lacked capacity to make a
medical decision; an agent appointed by the decedent who could have made new text end an anatomical
gift new text begin on behalf of the decedent new text end under section 525A.04, clause deleted text begin (2) deleted text end new text begin (3) new text end , immediately before
the decedent's death; new text begin or an agent appointed by the decedent under section 149A.80 for the
purpose of controlling final disposition of the decedent's remains after the decedent's death;
new text end

(2) the spouse of the decedent;

(3) new text begin the new text end adult new text begin child or the majority of the adult new text end children of the decedent;

(4) new text begin the surviving parent or new text end parents of the decedent new text begin , each having equal authority new text end ;

(5) new text begin the new text end adult new text begin sibling or the majority of the adult new text end siblings of the decedent new text begin , provided
that, in the absence of actual knowledge to the contrary, a procurement organization may
rely on instructions given by the sibling or siblings who represent that they are the sole
surviving sibling, or that they constitute a majority of the surviving siblings new text end ;

(6) new text begin the new text end adult new text begin grandchild or the majority of the adult new text end grandchildren of the decedent new text begin ,
provided that, in the absence of actual knowledge to the contrary, a procurement
organization may rely on instructions given by a grandchild who represents that he or she
is the only grandchild reasonably available to authorize an anatomical gift or represents a
majority of grandchildren reasonably available to authorize an anatomical gift new text end ;

(7) new text begin the grandparent or the new text end grandparents of the decedent new text begin , each having equal authority new text end ;

(8) new text begin the adult nieces and nephews of the decedent, or a majority of them, provided
that, in the absence of actual knowledge to the contrary, a procurement organization may
rely on instructions given by a niece or nephew who represents that he or she is the only
niece or nephew reasonably available to authorize an anatomical gift or represents a
majority of nieces and nephews reasonably available to authorize an anatomical gift;
new text end

new text begin (9) new text end the new text begin person or new text end persons who were acting as the guardians of the person of the
decedent new text begin with authority to make health care decisions for the person new text end at the time of death;

deleted text begin (9) deleted text end new text begin (10) new text end an adult who exhibited special care and concern for the decedent; and

deleted text begin (10) deleted text end new text begin (11) new text end any other person having lawful authority to dispose of the decedent's body.

(b) If there is more than one member of a class listed in paragraph (a), clause (1),
(3), (4), (5), (6), (7), or (9), entitled to make an anatomical gift, an anatomical gift may
be made by a member of the class unless that member or a person to which the gift may
pass under section 525A.11 knows of an objection by another member of the class. If
an objection is known, the gift may be made only by a majority of the members of the
class who are reasonably available.

(c) A person may not make an anatomical gift if, at the time of the decedent's death,
a person in a prior class under paragraph (a) is reasonably available to make or to object to
the making of an anatomical gift.