SF 883

3rd Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to anatomical gifts; adopting the Darlene Luther Revised Uniform
Anatomical Gift Act; imposing penalties; amending Minnesota Statutes 2006,
sections 149A.80, subdivision 8; 149A.94, subdivision 1; 604A.13; proposing
coding for new law as Minnesota Statutes, chapter 525A; repealing Minnesota
Statutes 2006, sections 525.921; 525.9211; 525.9212; 525.9213; 525.9214;
525.9215; 525.9216; 525.9217; 525.9218; 525.9219; 525.9221; 525.9222;
525.9223; 525.9224.

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

ARTICLE 1

ANATOMICAL GIFTS ACT

Section 1.

new text begin [525A.01] SHORT TITLE.
new text end

new text begin This chapter may be cited as the "Darlene Luther Revised Uniform Anatomical
Gift Act."
new text end

Sec. 2.

new text begin [525A.02] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin The definitions in this section apply to this chapter.
new text end

new text begin Subd. 2. new text end

new text begin Adult. new text end

new text begin "Adult" means an individual who is at least 18 years of age.
new text end

new text begin Subd. 3. new text end

new text begin Agent. new text end

new text begin "Agent" means an individual who is:
new text end

new text begin (1) a health care agent, as defined in section 145C.01, subdivision 2; or
new text end

new text begin (2) expressly authorized to make an anatomical gift on the principal's behalf by
any other record signed by the principal.
new text end

new text begin Subd. 4. new text end

new text begin Anatomical gift. new text end

new text begin "Anatomical gift" means a donation of all or part of
a human body to take effect after the donor's death for the purpose of transplantation,
therapy, research, or education.
new text end

new text begin Subd. 5. new text end

new text begin Decedent. new text end

new text begin "Decedent" means a deceased individual whose body or part
is or may be the source of an anatomical gift. The term includes a stillborn infant or an
embryo or fetus that has died of natural causes in utero.
new text end

new text begin Subd. 6. new text end

new text begin Disinterested witness. new text end

new text begin "Disinterested witness" means a witness other than
the spouse, child, parent, sibling, grandchild, grandparent, or guardian of the individual
who makes, amends, revokes, or refuses to make an anatomical gift, or another adult who
exhibited special care and concern for the individual. The term does not include a person
to which an anatomical gift could pass under section 525A.11.
new text end

new text begin Subd. 7. new text end

new text begin Document of gift. new text end

new text begin "Document of gift" means a donor card or other record
used to make an anatomical gift. The term includes a statement or symbol on a driver's
license, identification card, or donor registry.
new text end

new text begin Subd. 8. new text end

new text begin Donor. new text end

new text begin "Donor" means an individual whose body or part is the subject of
an anatomical gift.
new text end

new text begin Subd. 9. new text end

new text begin Donor registry. new text end

new text begin "Donor registry" means a database that contains records
of anatomical gifts and amendments to or revocations of anatomical gifts.
new text end

new text begin Subd. 10. new text end

new text begin Driver's license. new text end

new text begin "Driver's license" means a license or permit issued
under chapter 171 to operate a vehicle, whether or not conditions are attached to the
license or permit.
new text end

new text begin Subd. 11. new text end

new text begin Eye bank. new text end

new text begin "Eye bank" means a person that is licensed, accredited,
or regulated under federal or state law to engage in the recovery, screening, testing,
processing, storage, or distribution of human eyes or portions of human eyes.
new text end

new text begin Subd. 12. new text end

new text begin Guardian. new text end

new text begin "Guardian" means a person appointed by a court to make
decisions regarding the support, care, education, health, or welfare of an individual. The
term does not include a guardian ad litem.
new text end

new text begin Subd. 13. new text end

new text begin Hospital. new text end

new text begin "Hospital" means a facility licensed as a hospital under the
law of any state or a facility operated as a hospital by the United States, a state, or a
subdivision of a state.
new text end

new text begin Subd. 14. new text end

new text begin Identification card. new text end

new text begin "Identification card" means a Minnesota
identification card issued under chapter 171.
new text end

new text begin Subd. 15. new text end

new text begin Know. new text end

new text begin "Know" means to have actual knowledge.
new text end

new text begin Subd. 16. new text end

new text begin Medical examiner. new text end

new text begin "Medical examiner" includes coroner.
new text end

new text begin Subd. 17. new text end

new text begin Minor. new text end

new text begin "Minor" means an individual who is under 18 years of age.
new text end

new text begin Subd. 18. new text end

new text begin Organ procurement organization. new text end

new text begin "Organ procurement organization"
means a person designated by the secretary of the United States Department of Health and
Human Services as an organ procurement organization.
new text end

new text begin Subd. 19. new text end

new text begin Parent. new text end

new text begin "Parent" means a parent whose parental rights have not been
terminated.
new text end

new text begin Subd. 20. new text end

new text begin Part. new text end

new text begin "Part" means an organ, an eye, or tissue of a human being. The term
does not include the whole body.
new text end

new text begin Subd. 21. new text end

new text begin Person. new text end

new text begin "Person" means an individual, corporation, business trust, estate,
trust, partnership, limited liability company, association, joint venture, public corporation,
government or governmental subdivision, agency, or instrumentality, or any other legal or
commercial entity.
new text end

new text begin Subd. 22. new text end

new text begin Physician. new text end

new text begin "Physician" means an individual authorized to practice
medicine or osteopathy under the law of any state.
new text end

new text begin Subd. 23. new text end

new text begin Procurement organization. new text end

new text begin "Procurement organization" means an eye
bank, organ procurement organization, or tissue bank.
new text end

new text begin Subd. 24. new text end

new text begin Prospective donor. new text end

new text begin "Prospective donor" means an individual who is dead
or near death and has been determined by a procurement organization to have a part that
could be medically suitable for transplantation, therapy, research, or education. The term
does not include an individual who has made a refusal.
new text end

new text begin Subd. 25. new text end

new text begin Reasonably available. new text end

new text begin "Reasonably available" means able to be
contacted by a procurement organization without undue effort and willing and able to act
in a timely manner consistent with existing medical criteria necessary for the making of
an anatomical gift.
new text end

new text begin Subd. 26. new text end

new text begin Recipient. new text end

new text begin "Recipient" means an individual into whose body a decedent's
part has been or is intended to be transplanted.
new text end

new text begin Subd. 27. new text end

new text begin Record. new text end

new text begin "Record" means information that is inscribed on a tangible
medium or that is stored in an electronic or other medium and is retrievable in perceivable
form.
new text end

new text begin Subd. 28. new text end

new text begin Refusal. new text end

new text begin "Refusal" means a record created under section 525A.07 that
expressly states an intent to bar other persons from making an anatomical gift of an
individual's body or part.
new text end

new text begin Subd. 29. new text end

new text begin Sign. new text end

new text begin "Sign" means, with the present intent to authenticate or adopt
a record:
new text end

new text begin (1) to execute or adopt a tangible symbol; or
new text end

new text begin (2) to attach to or logically associate with the record an electronic symbol, sound,
or process.
new text end

new text begin Subd. 30. new text end

new text begin State. new text end

new text begin "State" means a state of the United States, the District of Columbia,
Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject
to the jurisdiction of the United States.
new text end

new text begin Subd. 31. new text end

new text begin Technician. new text end

new text begin "Technician" means an individual determined to be qualified
to remove or process parts by an appropriate organization that is licensed, accredited, or
regulated under federal or state law. The term includes an enucleator.
new text end

new text begin Subd. 32. new text end

new text begin Tissue. new text end

new text begin "Tissue" means a portion of the human body other than an organ
or an eye. The term does not include blood unless the blood is donated for the purpose
of research or education.
new text end

new text begin Subd. 33. new text end

new text begin Tissue bank. new text end

new text begin "Tissue bank" means a person that is licensed, accredited,
or regulated under federal or state law to engage in the recovery, screening, testing,
processing, storage, or distribution of tissue.
new text end

new text begin Subd. 34. new text end

new text begin Transplant hospital. new text end

new text begin "Transplant hospital" means a hospital that
furnishes organ transplants and other medical and surgical specialty services required
for the care of transplant patients.
new text end

Sec. 3.

new text begin [525A.03] APPLICABILITY.
new text end

new text begin This chapter applies to an anatomical gift or amendment to, revocation of, or refusal
to make an anatomical gift, whenever made.
new text end

Sec. 4.

new text begin [525A.04] WHO MAY MAKE ANATOMICAL GIFT BEFORE DONOR'S
DEATH.
new text end

new text begin Subject to section 525A.08, an anatomical gift of a donor's body or part may be
made during the life of the donor for the purpose of transplantation, therapy, research, or
education in the manner provided in section 525A.05 by:
new text end

new text begin (1) an adult donor;
new text end

new text begin (2) a minor donor, if the minor is:
new text end

new text begin (i) emancipated; or
new text end

new text begin (ii) authorized under state law to apply for a driver's license because the donor is
at least 16 years of age;
new text end

new text begin (3) an agent of the donor, unless the health care directive, as defined in section
145C.01, subdivision 5a, or other record prohibits the agent from making an anatomical
gift;
new text end

new text begin (4) a parent of the donor, if the donor is an unemancipated minor; or
new text end

new text begin (5) the donor's guardian.
new text end

Sec. 5.

new text begin [525A.05] MANNER OF MAKING ANATOMICAL GIFT BEFORE
DONOR'S DEATH.
new text end

new text begin (a) A donor may make an anatomical gift:
new text end

new text begin (1) by authorizing a statement or symbol indicating that the donor has made an
anatomical gift to be imprinted on the donor's driver's license or identification card;
new text end

new text begin (2) in a will;
new text end

new text begin (3) during a terminal illness or injury of the donor, by any form of communication
addressed to at least two adults, at least one of whom is a disinterested witness; or
new text end

new text begin (4) as provided in paragraph (b).
new text end

new text begin (b) A donor or other person authorized to make an anatomical gift under section
525A.04 may make a gift by a donor card or other record signed by the donor or other
person making the gift or by authorizing that a statement or symbol indicating that the
donor has made an anatomical gift be included on a donor registry. If the donor or
other person is physically unable to sign a record, the record may be signed by another
individual at the direction of the donor or other person and must:
new text end

new text begin (1) be witnessed by at least two adults, at least one of whom is a disinterested
witness, who have signed at the request of the donor or the other person; and
new text end

new text begin (2) state that it has been signed and witnessed as provided in clause (1).
new text end

new text begin (c) Revocation, suspension, expiration, or cancellation of a driver's license or
identification card upon which an anatomical gift is indicated does not invalidate the gift.
new text end

new text begin (d) An anatomical gift made by will takes effect upon the donor's death whether or
not the will is probated. Invalidation of the will after the donor's death does not invalidate
the gift.
new text end

new text begin (e) The making of an anatomical gift does not authorize or direct a denial of health
care.
new text end

Sec. 6.

new text begin [525A.06] AMENDING OR REVOKING ANATOMICAL GIFT BEFORE
DONOR'S DEATH.
new text end

new text begin (a) Subject to section 525A.08, a donor or other person authorized to make an
anatomical gift under section 525A.04 may amend or revoke an anatomical gift by:
new text end

new text begin (1) a record signed by:
new text end

new text begin (i) the donor;
new text end

new text begin (ii) the other person; or
new text end

new text begin (iii) subject to paragraph (b), another individual acting at the direction of the donor
or the other person if the donor or other person is physically unable to sign; or
new text end

new text begin (2) a later-executed document of gift that amends or revokes a previous anatomical
gift or portion of an anatomical gift, either expressly or by inconsistency.
new text end

new text begin (b) A record signed pursuant to paragraph (a), clause (1), item (iii), must:
new text end

new text begin (1) be witnessed by at least two adults, at least one of whom is a disinterested
witness, who have signed at the request of the donor or the other person; and
new text end

new text begin (2) state that it has been signed and witnessed as provided in clause (1).
new text end

new text begin (c) Subject to section 525A.08, a donor or other person authorized to make an
anatomical gift under section 525A.04 may revoke an anatomical gift by the destruction or
cancellation of the document of gift, or the portion of the document of gift used to make
the gift, with the intent to revoke the gift.
new text end

new text begin (d) A donor may amend or revoke an anatomical gift that was not made in a will
by any form of communication during a terminal illness or injury addressed to at least
two adults, at least one of whom is a disinterested witness.
new text end

new text begin (e) A donor who makes an anatomical gift in a will may amend or revoke the gift in
the manner provided for amendment or revocation of wills or as provided in paragraph (a).
new text end

Sec. 7.

new text begin [525A.07] REFUSAL TO MAKE ANATOMICAL GIFT; EFFECT OF
REFUSAL.
new text end

new text begin (a) An individual may refuse to make an anatomical gift of the individual's body
or part by:
new text end

new text begin (1) a record signed by:
new text end

new text begin (i) the individual; or
new text end

new text begin (ii) subject to paragraph (b), another individual acting at the direction of the
individual if the individual is physically unable to sign;
new text end

new text begin (2) the individual's will, whether or not the will is admitted to probate or invalidated
after the individual's death; or
new text end

new text begin (3) any form of communication made by the individual during the individual's
terminal illness or injury addressed to at least two adults, at least one of whom is a
disinterested witness.
new text end

new text begin (b) A record signed pursuant to paragraph (a), clause (1), item (ii), must:
new text end

new text begin (1) be witnessed by at least two adults, at least one of whom is a disinterested
witness, who have signed at the request of the individual; and
new text end

new text begin (2) state that it has been signed and witnessed as provided in clause (1).
new text end

new text begin (c) An individual who has made a refusal may amend or revoke the refusal:
new text end

new text begin (1) in the manner provided in paragraph (a) for making a refusal;
new text end

new text begin (2) by subsequently making an anatomical gift pursuant to section 525A.05 that is
inconsistent with the refusal; or
new text end

new text begin (3) by destroying or canceling the record evidencing the refusal, or the portion of the
record used to make the refusal, with the intent to revoke the refusal.
new text end

new text begin (d) Except as otherwise provided in section 525A.08, paragraph (h), in the absence
of an express, contrary indication by the individual set forth in the refusal, an individual's
unrevoked refusal to make an anatomical gift of the individual's body or part bars all other
persons from making an anatomical gift of the individual's body or part.
new text end

Sec. 8.

new text begin [525A.08] PRECLUSIVE EFFECT OF ANATOMICAL GIFT,
AMENDMENT, OR REVOCATION.
new text end

new text begin (a) Except as otherwise provided in paragraph (g) and subject to paragraph (f), in the
absence of an express, contrary indication by the donor, a person other than the donor is
barred from making, amending, or revoking an anatomical gift of a donor's body or part if
the donor made an anatomical gift of the donor's body or part under section 525A.05 or an
amendment to an anatomical gift of the donor's body or part under section 525A.06. An
anatomical gift made in a will, a designation on a driver's license or identification card, or
a health care directive under chapter 145C, and not revoked, establishes the intent of the
person making the designation and may not be overridden by any other person.
new text end

new text begin (b) A donor's revocation of an anatomical gift of the donor's body or part under
section 525A.06 is not a refusal and does not bar another person specified in section
525A.04 or 525A.09 from making an anatomical gift of the donor's body or part under
section 525A.05 or 525A.10.
new text end

new text begin (c) If a person other than the donor makes an unrevoked anatomical gift of the
donor's body or part under section 525A.05 or an amendment to an anatomical gift of the
donor's body or part under section 525A.06, another person may not make, amend, or
revoke the gift of the donor's body or part under section 525A.10.
new text end

new text begin (d) A revocation of an anatomical gift of a donor's body or part under section
525A.06 by a person other than the donor does not bar another person specified in section
525A.09 from making an anatomical gift of the body or part under section 525A.05 or
525A.10.
new text end

new text begin (e) In the absence of an express, contrary indication by the donor or other person
authorized to make an anatomical gift under section 525A.04, an anatomical gift of a part
is neither a refusal to give another part nor a limitation on the making of an anatomical gift
of another part at a later time by the donor or another person.
new text end

new text begin (f) In the absence of an express, contrary indication by the donor or other person
authorized to make an anatomical gift under section 525A.04, an anatomical gift of a
part for one or more of the purposes set forth in section 525A.04 is not a limitation on
the making of an anatomical gift of the part for any of the other purposes by the donor
or any other person under section 525A.05 or 525A.10.
new text end

new text begin (g) If a donor who is an unemancipated minor dies, a parent of the donor who is
reasonably available may revoke or amend an anatomical gift of the donor's body or part.
new text end

new text begin (h) If an unemancipated minor who signed a refusal dies, a parent of the minor who
is reasonably available may revoke the minor's refusal.
new text end

Sec. 9.

new text begin [525A.09] WHO MAY MAKE ANATOMICAL GIFT OF DECEDENT'S
BODY OR PART.
new text end

new text begin (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:
new text end

new text begin (1) an agent of the decedent at the time of death who could have made an anatomical
gift under section 525A.04, clause (2), immediately before the decedent's death;
new text end

new text begin (2) the spouse of the decedent;
new text end

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

new text begin (4) parents of the decedent;
new text end

new text begin (5) adult siblings of the decedent;
new text end

new text begin (6) adult grandchildren of the decedent;
new text end

new text begin (7) grandparents of the decedent;
new text end

new text begin (8) the persons who were acting as the guardians of the person of the decedent at
the time of death;
new text end

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

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

new text begin (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.
new text end

new text begin (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.
new text end

Sec. 10.

new text begin [525A.10] MANNER OF MAKING, AMENDING, OR REVOKING
ANATOMICAL GIFT OF DECEDENT'S BODY OR PART.
new text end

new text begin (a) A person authorized to make an anatomical gift under section 525A.09 may
make an anatomical gift by a document of gift signed by the person making the gift or by
that person's oral communication that is electronically recorded or is contemporaneously
reduced to a record and signed by the individual receiving the oral communication.
new text end

new text begin (b) Subject to paragraph (c), an anatomical gift by a person authorized under section
525A.09 may be amended or revoked orally or in a record by any member of a prior class
who is reasonably available. If more than one member of the prior class is reasonably
available, the gift made by a person authorized under section 525A.09 may be:
new text end

new text begin (1) amended only if a majority of the reasonably available members agree to the
amending of the gift; or
new text end

new text begin (2) revoked only if a majority of the reasonably available members agree to the
revoking of the gift or if they are equally divided as to whether to revoke the gift.
new text end

new text begin (c) A revocation under paragraph (b) is effective only if, before an incision has been
made to remove a part from the donor's body or before invasive procedures have begun to
prepare the recipient, the procurement organization, transplant hospital, or physician or
technician knows of the revocation.
new text end

Sec. 11.

new text begin [525A.11] PERSONS THAT MAY RECEIVE ANATOMICAL GIFT;
PURPOSE OF ANATOMICAL GIFT.
new text end

new text begin (a) An anatomical gift may be made to the following persons named in the document
of gift:
new text end

new text begin (1) a hospital; accredited medical school, dental school, college, or university; organ
procurement organization; or nonprofit organization in medical education or research,
for research or education;
new text end

new text begin (2) subject to paragraph (b), an individual designated by the person making the
anatomical gift if the individual is the recipient of the part; and
new text end

new text begin (3) an eye bank or tissue bank.
new text end

new text begin (b) If an anatomical gift to an individual under paragraph (a), clause (2), cannot be
transplanted into the individual, the part passes in accordance with paragraph (g) in the
absence of an express, contrary indication by the person making the anatomical gift.
new text end

new text begin (c) If an anatomical gift of one or more specific parts or of all parts is made in a
document of gift that does not name a person described in paragraph (a) but identifies the
purpose for which an anatomical gift may be used, the following rules apply:
new text end

new text begin (1) if the part is an eye and the gift is for the purpose of transplantation or therapy,
the gift passes to the appropriate eye bank;
new text end

new text begin (2) if the part is tissue and the gift is for the purpose of transplantation or therapy, the
gift passes to the appropriate tissue bank;
new text end

new text begin (3) if the part is an organ and the gift is for the purpose of transplantation or therapy,
the gift passes to the appropriate organ procurement organization as custodian of the
organ; and
new text end

new text begin (4) if the part is an organ, an eye, or tissue and the gift is for the purpose of research
or education, the gift passes to the appropriate procurement organization.
new text end

new text begin (d) For the purpose of paragraph (c), if there is more than one purpose of an
anatomical gift set forth in the document of gift but the purposes are not set forth in any
priority, the gift must be used for transplantation or therapy, if suitable. If the gift cannot
be used for transplantation or therapy, the gift may be used for research or education.
new text end

new text begin (e) If an anatomical gift of one or more specific parts is made in a document of gift
that does not name a person described in paragraph (a) and does not identify the purpose
of the gift, the gift may be used only for transplantation or therapy, and the gift passes in
accordance with paragraph (g).
new text end

new text begin (f) If a document of gift specifies only a general intent to make an anatomical gift
by words such as "donor," "organ donor," or "body donor," or by a symbol or statement
of similar import, the gift may be used only for transplantation or therapy, and the gift
passes in accordance with paragraph (g).
new text end

new text begin (g) For purposes of paragraphs (b), (e), and (f), the following rules apply:
new text end

new text begin (1) if the part is an eye, the gift passes to the appropriate eye bank;
new text end

new text begin (2) if the part is tissue, the gift passes to the appropriate tissue bank; and
new text end

new text begin (3) if the part is an organ, the gift passes to the appropriate organ procurement
organization as custodian of the organ.
new text end

new text begin (h) An anatomical gift of an organ for transplantation or therapy, other than
an anatomical gift under paragraph (a), clause (2), passes to the organ procurement
organization as custodian of the organ.
new text end

new text begin (i) If an anatomical gift does not pass pursuant to paragraphs (a) to (h) or the
decedent's body or part is not used for transplantation, therapy, research, or education,
custody of the body or part passes to the person under obligation to dispose of the body or
part.
new text end

new text begin (j) A person may not accept an anatomical gift if the person knows that the gift was
not effectively made under section 525A.05 or 525A.10 or if the person knows that the
decedent made a refusal under section 525A.07 that was not revoked. For purposes of
this paragraph, if a person knows that an anatomical gift was made on a document of gift,
the person is deemed to know of any amendment or revocation of the gift or any refusal
to make an anatomical gift on the same document of gift.
new text end

new text begin (k) Except as otherwise provided in paragraph (a), clause (2), nothing in this chapter
affects the allocation of organs for transplantation or therapy.
new text end

Sec. 12.

new text begin [525A.12] SEARCH AND NOTIFICATION.
new text end

new text begin (a) The following persons shall make a reasonable search of an individual who
the person reasonably believes is dead or near death for a document of gift or other
information identifying the individual as a donor or as an individual who made a refusal:
new text end

new text begin (1) a law enforcement officer, firefighter, paramedic, or other emergency rescuer
finding the individual; and
new text end

new text begin (2) if no other source of the information is immediately available, a hospital, as soon
as practical after the individual's arrival at the hospital.
new text end

new text begin (b) If a document of gift or a refusal to make an anatomical gift is located by the
search required by paragraph (a), clause (1), and the individual or deceased individual to
whom it relates is taken to a hospital, the person responsible for conducting the search
shall send the document of gift or refusal to the hospital. If a body is transferred to the
custody of the medical examiner, the first responder must notify the first responder'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

new text begin (c) A person is not subject to criminal or civil liability for failing to discharge the
duties imposed by this section.
new text end

Sec. 13.

new text begin [525A.13] DELIVERY OF DOCUMENT OF GIFT NOT REQUIRED;
RIGHT TO EXAMINE.
new text end

new text begin (a) A document of gift need not be delivered during the donor's lifetime to be
effective.
new text end

new text begin (b) Upon or after an individual's death, a person in possession of a document of
gift or a refusal to make an anatomical gift with respect to the individual shall allow
examination and copying of the document of gift or refusal by a person authorized to
make or object to the making of an anatomical gift with respect to the individual or by a
person to which the gift could pass under section 525A.11.
new text end

Sec. 14.

new text begin [525A.14] RIGHTS AND DUTIES OF PROCUREMENT
ORGANIZATION AND OTHERS.
new text end

new text begin (a) When a hospital refers an individual at or near death to a procurement
organization, the organization shall make a reasonable search of the records of the
Department of Public Safety and any donor registry that it knows exists for the
geographical area in which the individual resides to ascertain whether the individual has
made an anatomical gift.
new text end

new text begin (b) A procurement organization must be allowed reasonable access to information
in the records of the Department of Public Safety to ascertain whether an individual at
or near death is a donor.
new text end

new text begin (c) When a hospital refers an individual at or near death to a procurement
organization, the organization may conduct any reasonable examination necessary to
ensure the medical suitability of a part that is or could be the subject of an anatomical gift
for transplantation, therapy, research, or education from a donor or a prospective donor.
During the examination period, measures necessary to ensure the medical suitability of the
part may not be withdrawn unless the hospital or procurement organization knows that
the individual expressed a contrary intent.
new text end

new text begin (d) Unless prohibited by law other than this chapter, at any time after a donor's death,
the person to which a part passes under section 525A.11 may conduct any reasonable
examination necessary to ensure the medical suitability of the body or part for its intended
purpose.
new text end

new text begin (e) Unless prohibited by law other than this chapter, an examination under paragraph
(c) or (d) may include an examination of all medical and dental records of the donor or
prospective donor.
new text end

new text begin (f) Upon the death of a minor who was a donor or had signed a refusal, unless a
procurement organization knows the minor is emancipated, the procurement organization
shall conduct a reasonable search for the parents of the minor and provide the parents with
an opportunity to revoke or amend the anatomical gift or revoke the refusal.
new text end

new text begin (g) Upon referral by a hospital under paragraph (a), a procurement organization shall
make a reasonable search for any person listed in section 525A.09 having priority to make
an anatomical gift on behalf of a prospective donor. If a procurement organization receives
information that an anatomical gift to any other person was made, amended, or revoked, it
shall promptly advise the other person of all relevant information.
new text end

new text begin (h) Subject to sections 525A.11, paragraph (i), and 525A.23, the rights of the person
to which a part passes under section 525A.11 are superior to the rights of all others with
respect to the part. The person may accept or reject an anatomical gift in whole or in part.
Subject to the terms of the document of gift and this chapter, a person that accepts an
anatomical gift of an entire body may allow embalming, burial, or cremation, and use of
remains in a funeral service. If the gift is of a part, the person to which the part passes
under section 525A.11, upon the death of the donor and before embalming, burial, or
cremation, shall cause the part to be removed without unnecessary mutilation.
new text end

new text begin (i) Neither the physician who attends the decedent at death nor the physician who
determines the time of the decedent's death may participate in the procedures for removing
or transplanting a part from the decedent.
new text end

new text begin (j) A physician or technician may remove a donated part from the body of a donor
that the physician or technician is qualified to remove.
new text end

Sec. 15.

new text begin [525A.15] COORDINATION OF PROCUREMENT AND USE.
new text end

new text begin Each hospital in this state shall enter into agreements or affiliations with procurement
organizations for coordination of procurement and use of anatomical gifts.
new text end

Sec. 16.

new text begin [525A.16] SALE OR PURCHASE OF PARTS PROHIBITED; FELONY.
new text end

new text begin (a) Except as otherwise provided in paragraph (b), a person that for valuable
consideration, knowingly purchases or sells a part for transplantation or therapy if removal
of a part from an individual is intended to occur after the individual's death, commits a
felony and upon conviction is subject to a fine not exceeding $10,000 or imprisonment
not exceeding five years, or both.
new text end

new text begin (b) A person may charge a reasonable amount for the removal, processing,
preservation, quality control, storage, transportation, implantation, or disposal of a part.
new text end

Sec. 17.

new text begin [525A.17] PROHIBITED ACTS; FELONY.
new text end

new text begin A person that, in order to obtain a financial gain, intentionally falsifies, forges,
conceals, defaces, or obliterates a document of gift, an amendment or revocation of a
document of gift, or a refusal commits a felony and upon conviction is subject to a fine not
exceeding $10,000 or imprisonment not exceeding five years, or both.
new text end

Sec. 18.

new text begin [525A.18] IMMUNITY.
new text end

new text begin (a) A person that acts in accordance with this chapter or with the applicable
anatomical gift law of another state, or attempts in good faith to do so, is not liable for the
act in a civil action, criminal prosecution, or administrative proceeding.
new text end

new text begin (b) Neither the person making an anatomical gift nor the donor's estate is liable for
any injury or damage that results from the making or use of the gift.
new text end

new text begin (c) In determining whether an anatomical gift has been made, amended, or revoked
under this chapter, a person may rely upon representations of an individual listed in
section 525A.09, paragraph (a), clause (2), (3), (4), (5), (6), (7), or (8), relating to the
individual's relationship to the donor or prospective donor unless the person knows that
the representation is untrue.
new text end

new text begin (d) An anatomical gift under this chapter is not a sale of goods as that term is defined
in section 336.2-105, paragraph (1), or the sale of a product.
new text end

Sec. 19.

new text begin [525A.19] LAW GOVERNING VALIDITY; CHOICE OF LAW AS TO
EXECUTION OF DOCUMENT OF GIFT; PRESUMPTION OF VALIDITY.
new text end

new text begin (a) A document of gift is valid if executed in accordance with:
new text end

new text begin (1) this chapter;
new text end

new text begin (2) the laws of the state or country where it was executed; or
new text end

new text begin (3) the laws of the state or country where the person making the anatomical gift
was domiciled, has a place of residence, or was a national at the time the document of
gift was executed.
new text end

new text begin (b) If a document of gift is valid under this section, the law of this state governs
the interpretation of the document of gift.
new text end

new text begin (c) A person may presume that a document of gift or amendment of an anatomical
gift is valid unless that person knows that it was not validly executed or was revoked.
new text end

Sec. 20.

new text begin [525A.20] DONOR REGISTRY.
new text end

new text begin (a) The Department of Public Safety shall provide donor information to an organ
procurement organization or eye bank that administers any donor registry that this state
establishes, contracts for, or recognizes for the purpose of transferring to the donor registry
all relevant information regarding a donor's making, amendment to, or revocation of
an anatomical gift.
new text end

new text begin (b) A donor registry must:
new text end

new text begin (1) allow a donor or other person authorized under section 525A.04 to include on
the donor registry a statement or symbol that the donor has made, amended, or revoked
an anatomical gift;
new text end

new text begin (2) be accessible to a procurement organization to allow it to obtain relevant
information on the donor registry to determine, at or near death of the donor or a
prospective donor, whether the donor or prospective donor has made, amended, or revoked
an anatomical gift; and
new text end

new text begin (3) be accessible, for purposes of clauses (1) and (2), seven days a week on a
24-hour basis.
new text end

new text begin (c) Personally identifiable information on a donor registry about a donor or
prospective donor may not be used or disclosed without the express consent of the donor,
prospective donor, or person that made the anatomical gift for any purpose other than
to determine, at or near death of the donor or prospective donor, whether the donor or
prospective donor has made, amended, or revoked an anatomical gift.
new text end

new text begin (d) This section does not prohibit any person from creating or maintaining a donor
registry that is not established by or under contract with the state. Any such registry
must comply with paragraphs (b) and (c).
new text end

Sec. 21.

new text begin [525A.21] EFFECT OF ANATOMICAL GIFT ON HEALTH CARE
DIRECTIVE.
new text end

new text begin (a) In this section, "health care directive" has the meaning given in section 145C.01,
subdivision 5a.
new text end

new text begin (b) If a prospective donor has a health care directive and the terms of the declaration
or directive and the express or implied terms of a potential anatomical gift are in conflict
with regard to the administration of measures necessary to ensure the medical suitability
of a part for transplantation or therapy, the prospective donor's attending physician and the
prospective donor shall confer to resolve the conflict. If the prospective donor is incapable
of resolving the conflict, an agent acting under the prospective donor's declaration or
directive or, if there is none or the agent is not reasonably available, another person
authorized by a law other than this chapter to make health care decisions on behalf of the
prospective donor, shall act for the donor to resolve the conflict. The conflict must be
resolved as expeditiously as possible. Information relevant to the resolution of the conflict
may be obtained from the appropriate procurement organization and any other person
authorized to make an anatomical gift for the prospective donor under section 525A.09.
Before resolution of the conflict, measures necessary to ensure the medical suitability of
the part may not be withheld or withdrawn from the prospective donor if withholding or
withdrawing the measures is not contraindicated by appropriate end-of-life care.
new text end

Sec. 22.

new text begin [525A.22] COOPERATION BETWEEN MEDICAL EXAMINER AND
PROCUREMENT ORGANIZATION.
new text end

new text begin (a) A medical examiner shall cooperate with procurement organizations to maximize
the opportunity to recover anatomical gifts for the purpose of transplantation, therapy,
research, or education.
new text end

new text begin (b) If a medical examiner receives notice from a procurement organization that an
anatomical gift might be available or was made with respect to a decedent whose body is
under the jurisdiction of the medical examiner and a postmortem examination is going to
be performed, unless the medical examiner denies recovery in accordance with section
525A.23, the medical examiner or designee shall conduct a postmortem examination of
the body or the part in a manner and within a period compatible with its preservation for
the purposes of the gift.
new text end

new text begin (c) A part may not be removed from the body of a decedent under the jurisdiction
of a medical examiner for transplantation, therapy, research, or education unless the part
is the subject of an anatomical gift. The body of a decedent under the jurisdiction of the
medical examiner may not be delivered to a person for research or education unless the
body is the subject of an anatomical gift. This paragraph does not preclude a medical
examiner from performing the medicolegal investigation upon the body or parts of a
decedent under the jurisdiction of the medical examiner.
new text end

Sec. 23.

new text begin [525A.23] FACILITATION OF ANATOMICAL GIFT FROM
DECEDENT WHOSE BODY IS UNDER JURISDICTION OF MEDICAL
EXAMINER.
new text end

new text begin (a) Upon request of a procurement organization, a medical examiner shall release to
the procurement organization the name, contact information, and available medical and
social history of a decedent whose body is under the jurisdiction of the medical examiner.
If the decedent's body or part is medically suitable for transplantation, therapy, research,
or education, the medical examiner shall release postmortem examination results to
the procurement organization. The procurement organization may make a subsequent
disclosure of the postmortem examination results or other information received from the
medical examiner only if relevant to transplantation or therapy.
new text end

new text begin (b) The medical examiner may conduct a medicolegal examination by reviewing
all medical records, laboratory test results, x-rays, other diagnostic results, and other
information that any person possesses about a donor or prospective donor whose body is
under the jurisdiction of the medical examiner which the medical examiner determines
may be relevant to the investigation.
new text end

new text begin (c) A person that has any information requested by a medical examiner pursuant
to paragraph (b) shall provide that information as expeditiously as possible to allow the
medical examiner to conduct the medicolegal investigation within a period compatible
with the preservation of parts for the purpose of transplantation, therapy, research, or
education.
new text end

new text begin (d) If an anatomical gift has been or might be made of a part of a decedent whose
body is under the jurisdiction of the medical examiner and a postmortem examination
is not required, or the medical examiner determines that a postmortem examination is
required but that the recovery of the part that is the subject of an anatomical gift will
not interfere with the examination, the medical examiner and procurement organization
shall cooperate in the timely removal of the part from the decedent for the purpose of
transplantation, therapy, research, or education.
new text end

new text begin (e) If an anatomical gift of a part from the decedent under the jurisdiction of
the medical examiner has been or might be made, but the medical examiner initially
believes that the recovery of the part could interfere with the postmortem investigation
into the decedent's cause or manner of death, the medical examiner shall consult with
the procurement organization or physician or technician designated by the procurement
organization about the proposed recovery. After consultation, the medical examiner may
allow the recovery.
new text end

new text begin (f) Following the consultation under paragraph (e), in the absence of mutually
agreed-upon protocols to resolve conflict between the medical examiner and the
procurement organization, if the medical examiner intends to deny recovery of an organ
for transplantation, the medical examiner or designee, at the request of the procurement
organization, shall attend the removal procedure for the part before making a final
determination not to allow the procurement organization to recover the part. During
the removal procedure, the medical examiner or designee may allow recovery by the
procurement organization to proceed, or, if the medical examiner or designee reasonably
believes that the part may be involved in determining the decedent's cause or manner of
death, deny recovery by the procurement organization.
new text end

new text begin (g) If the medical examiner or designee denies recovery under paragraph (f), the
medical examiner or designee shall:
new text end

new text begin (1) explain in a record the specific reasons for not allowing recovery of the part;
new text end

new text begin (2) include the specific reasons in the records of the medical examiner; and
new text end

new text begin (3) provide a record with the specific reasons to the procurement organization.
new text end

new text begin (h) If the medical examiner or designee allows recovery of a part under paragraph
(d), (e), or (f), the procurement organization, upon request, shall cause the physician
or technician who removes the part to provide the medical examiner with a record
describing the condition of the part, a biopsy, a photograph, and any other information and
observations that would assist in the postmortem examination.
new text end

new text begin (i) If a medical examiner or designee is required to be present at a removal procedure
under paragraph (f), upon request the procurement organization requesting the recovery
of the part shall reimburse the medical examiner or designee for the additional costs
incurred in complying with paragraph (f).
new text end

Sec. 24.

new text begin [525A.24] RELATION TO ELECTRONIC SIGNATURES IN GLOBAL
AND NATIONAL COMMERCE ACT.
new text end

new text begin This chapter modifies, limits, and supersedes the Electronic Signatures in Global and
National Commerce Act, United States Code, title 15, section 7001 et seq., but does not
modify, limit, or supersede section 101(a) of that act, United States Code, title 15, section
7001, or authorize electronic delivery of any of the notices described in section 103(b)
of that act, United States Code, title 15, section 7003(b).
new text end

Sec. 25.

new text begin [525A.25] ANATOMICAL GIFT; RELATION TO UNIFORM
COMMERCIAL CODE.
new text end

new text begin The provision or use of any part of a human body, including blood, blood
components, bone marrow, or solid organs from living donors, for the purpose of injection,
transfusion, or transplantation in the human body is the rendition of a health care service
by each person participating in the provision or use and is not a sale of goods, as that term
is defined in section 336.2-105, paragraph (1), or a sale of a product.
new text end

Sec. 26. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2006, sections 525.921; 525.9211; 525.9212; 525.9213;
525.9214; 525.9215; 525.9216; 525.9217; 525.9218; 525.9219; 525.9221; 525.9222;
525.9223; and 525.9224, new text end new text begin are repealed.
new text end

ARTICLE 2

CONFORMING CHANGES

Section 1.

Minnesota Statutes 2006, section 149A.80, subdivision 8, is amended to
read:

Subd. 8.

Liability for cost of final disposition.

In addition to separate contractual
obligations, the liability for the reasonable cost of final disposition devolves upon the estate
of the decedent, regardless of whether testate or intestate, and the distributees of the estate
pursuant to chapter 524, the Uniform Probate Code. In the case of persons who die without
apparent financial means to provide for final disposition, control of final disposition and
liability devolves to the county board of the county in which the death occurred, pursuant
to section 261.035. In the case of unclaimed bodies delivered for dissection deleted text begin pursuant to
section 525.9213 deleted text end new text begin by the medical examiner new text end and anatomical gifts of the entire body made
pursuant to section 149A.81, subdivision 2, subject to the terms of the gift, liability for
transportation and final disposition shall be borne by the institution receiving the body.

Sec. 2.

Minnesota Statutes 2006, section 149A.94, subdivision 1, is amended to read:

Subdivision 1.

Generally.

Every dead human body lying within the state, except
deleted text begin those deleted text end new text begin unclaimed bodies new text end delivered for dissection deleted text begin pursuant to section 525.9213 deleted text end new text begin by the
medical examiner new text end , those delivered for anatomical study pursuant to section 149A.81,
subdivision 2, or lawfully carried through the state for the purpose of disposition
elsewhere; and the remains of any dead human body after dissection or anatomical study,
shall be decently buried, entombed, or cremated, within a reasonable time after death.
Where final disposition of a body will not be accomplished within 72 hours following
death or release of the body by a competent authority with jurisdiction over the body,
the body must be properly embalmed. For purposes of this section, refrigeration is
not considered a form of preservation or disinfection and does not alter the 72-hour
requirement, except as provided in subdivision 2.

Sec. 3.

Minnesota Statutes 2006, section 604A.13, is amended to read:

604A.13 MISCELLANEOUS VOLUNTEER AND CHARITABLE
ACTIVITIES.

deleted text begin An individual and an individual's estate are not liable for an anatomical gift as
provided in section 525.9221, paragraph (d) deleted text end new text begin A person who acts in accordance with chapter
525A or the applicable anatomical gift law of another state or who attempts in good faith
to do so, is immune from liability as provided in section 525A.18 new text end .

Sec. 4. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin In subsequent editions of Minnesota Statutes and supplements, the revisor of statutes
shall:
new text end

new text begin (1) change references from the "Uniform Anatomical Gift Act" or "Uniform
Anatomical Gift Act (1987)" to the "Darlene Luther Revised Uniform Anatomical Gift
Act";
new text end

new text begin (2) change references from "sections 525.921 to 525.9224" to "chapter 525A"; and
new text end

new text begin (3) make other editorial changes consistent with the recodification components
of this act.
new text end

Sec. 5. new text begin EFFECTIVE DATE.
new text end

new text begin This act is effective April 1, 2008.
new text end