SF 3604

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to public safety; requiring public safety officers to notify the state's
federally designated organ procurement organization when a deceased organ
donor is discovered; amending Minnesota Statutes 2004, section 525.9214.

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

Section 1. new text begin PURPOSE.
new text end

new text begin The legislature finds that current procedures for initiating and procuring organ
donation and collection from eligible donors whose deaths occur outside the realm of
health care facilities can be improved and enhanced. Many registered and potential donors
are unable to gift their organs because uniform procedures are not in place to ensure that the
proper authorities are notified upon their death. Several other states have already adopted
policies to address this issue. In order to honor the noble intent of donors and to facilitate
potentially life saving transplants for state citizens, it is necessary to establish uniform
procedures in Minnesota to ensure the procurement of organs under these circumstances.
new text end

new text begin The most effective procedure for organ donation requires cooperation and
communication between emergency response personnel and organ donation organizations
in a manner that utilizes all reasonable means possible to effectuate a successful donation
process. Therefore, the legislature declares it necessary to enact sections 2 and 3.
new text end

Sec. 2.

Minnesota Statutes 2004, section 525.9214, is amended to read:

525.9214 ROUTINE INQUIRY AND REQUIRED REQUEST; SEARCH AND
NOTIFICATION.

(a) If, at or near the time of death of a patient, there is no documentation in the
medical record that the patient has made or refused to make an anatomical gift, the hospital
administrator or a representative designated by the administrator shall discuss with the
patient or a relative of the patient the option to make or refuse to make an anatomical
gift and may request the making of an anatomical gift pursuant to section 525.9211 or
525.9212. The request must be made with reasonable discretion and sensitivity to the
circumstances of the family. A request is not required if the gift is not suitable, based
upon accepted medical standards, for a purpose specified in section 525.9215. An entry
must be made in the medical record of the patient, stating the name of the individual
making the request, and the name, response, and relationship to the patient of the person
to whom the request was made.

(b) The following persons shall make a reasonable search for a document of gift or
other information identifying the bearer as a donor or as an individual who has refused to
make an anatomical gift:

(1) a law enforcement officer, firefighter, paramedic, or other emergency rescuer
finding an individual who the searcher believes is dead or near death;

(2) a hospital or emergency care facility, upon the admission or presentation of an
individual at or near the time of death, if there is not immediately available any other
source of that information; and

(3) a medical examiner or coroner upon receipt of a body.

(c) If a document of gift or evidence of refusal to make an anatomical gift is located
by the search required by paragraph (b), clause (1), and the individual or body to whom
it relates is taken to a hospital, the hospital must be notified of the contents and the
document or other evidence must be sent to the hospital. new text begin If a document of gift is located
by the search required by paragraph (b), clause (1), and the individual or body to whom it
relates is taken to a morgue, the person who discovered the document of gift must notify
the person's dispatcher. A dispatcher notified under this section must notify the state's
federally designated organ procurement organization and inform the organization of the
deceased's name, donor status, and location.
new text end

(d) If, at or near the time of death of a patient, a hospital knows that an anatomical
gift has been made pursuant to section 525.9212, paragraph (a), or a release and removal
of a part has been permitted pursuant to section 525.9213, or that a patient or an individual
identified as in transit to the hospital is a donor, the hospital shall notify the donee if one
is named and known to the hospital; if not, it shall notify an appropriate procurement
organization. The hospital shall cooperate in the implementation of the anatomical gift
or release and removal of a part.

(e) A person who fails to discharge the duties imposed by this section is not subject
to criminal or civil liability.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3. new text begin PUBLIC SAFETY OFFICERS NOTICE OF ORGAN DONOR
IDENTIFICATION AND NOTIFICATION REQUIREMENTS.
new text end

new text begin The Peace Officers Standards and Training Board and the Emergency Medical
Services Regulatory Board must provide materials to each licensee that explain the organ
donor identification and notification requirements established in Minnesota Statutes,
section 525.9214. The materials shall be provided to each current licensee and to each
person who receives a license on or after the effective date of this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end