1.1 	A bill for an act
1.2 	relating to anatomical gifts; adopting the Darlene Luther Revised Uniform 
1.3 	Anatomical Gift Act; imposing penalties; proposing coding for new law as 
1.4 	Minnesota Statutes, chapter 525A; repealing Minnesota Statutes 2006, sections 
1.5 	525.921; 525.9211; 525.9212; 525.9213; 525.9214; 525.9215; 525.9216; 
1.6 	525.9217; 525.9218; 525.9219; 525.9221; 525.9222; 525.9223; 525.9224.
1.7 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8 	Section 1. [525A.01] SHORT TITLE.
1.9 	This chapter may be cited as the "Darlene Luther Revised Uniform Anatomical 
1.10 	Gift Act."

1.11 	Sec. 2. [525A.02] DEFINITIONS.
1.12 		Subdivision 1.Scope. The definitions in this section apply to this chapter.
1.13 		Subd. 2.Adult. "Adult" means an individual who is at least 18 years of age.
1.14 		Subd. 3.Agent. "Agent" means an individual who is:
1.15 	(1) authorized to make health care decisions on the principal's behalf by a power of 
1.16 	attorney for health care; or
1.17 	(2) expressly authorized to make an anatomical gift on the principal's behalf by 
1.18 	any other record signed by the principal.
1.19 		Subd. 4.Anatomical gift. "Anatomical gift" means a donation of all or part of 
1.20 	a human body to take effect after the donor's death for the purpose of transplantation, 
1.21 	therapy, research, or education.
1.22 		Subd. 5.Decedent. "Decedent" means a deceased individual whose body or part 
1.23 	is or may be the source of an anatomical gift. The term includes a stillborn infant and, 
1.24 	subject to restrictions imposed by other law, a fetus.
2.1 		Subd. 6.Disinterested witness. "Disinterested witness" means a witness other than 
2.2 	the spouse, child, parent, sibling, grandchild, grandparent, or guardian of the individual 
2.3 	who makes, amends, revokes, or refuses to make an anatomical gift, or another adult who 
2.4 	exhibited special care and concern for the individual. The term does not include a person 
2.5 	to which an anatomical gift could pass under section 525A.11.
2.6 		Subd. 7.Document of gift. "Document of gift" means a donor card or other record 
2.7 	used to make an anatomical gift. The term includes a statement or symbol on a driver's 
2.8 	license, identification card, or donor registry.
2.9 		Subd. 8.Donor. "Donor" means an individual whose body or part is the subject of 
2.10 	an anatomical gift.
2.11 		Subd. 9.Donor registry. "Donor registry" means a database that contains records 
2.12 	of anatomical gifts and amendments to or revocations of anatomical gifts.
2.13 		Subd. 10.Driver's license. "Driver's license" means a license or permit issued 
2.14 	under chapter 171 to operate a vehicle, whether or not conditions are attached to the 
2.15 	license or permit.
2.16 		Subd. 11.Eye bank. "Eye bank" means a person that is licensed, accredited, 
2.17 	or regulated under federal or state law to engage in the recovery, screening, testing, 
2.18 	processing, storage, or distribution of human eyes or portions of human eyes.
2.19 		Subd. 12.Guardian. "Guardian" means a person appointed by a court to make 
2.20 	decisions regarding the support, care, education, health, or welfare of an individual. The 
2.21 	term does not include a guardian ad litem.
2.22 		Subd. 13.Hospital. "Hospital" means a facility licensed as a hospital under the 
2.23 	law of any state or a facility operated as a hospital by the United States, a state, or a 
2.24 	subdivision of a state.
2.25 		Subd. 14.Identification card. "Identification card" means a Minnesota 
2.26 	identification card issued under chapter 171.
2.27 		Subd. 15.Know. "Know" means to have actual knowledge.
2.28 		Subd. 16.Medical examiner. "Medical examiner" includes coroner.
2.29 		Subd. 17.Minor. "Minor" means an individual who is under 18 years of age.
2.30 		Subd. 18.Organ procurement organization. "Organ procurement organization" 
2.31 	means a person designated by the secretary of the United States Department of Health and 
2.32 	Human Services as an organ procurement organization.
2.33 		Subd. 19.Parent. "Parent" means a parent whose parental rights have not been 
2.34 	terminated.
2.35 		Subd. 20.Part. "Part" means an organ, an eye, or tissue of a human being. The term 
2.36 	does not include the whole body.
3.1 		Subd. 21.Person. "Person" means an individual, corporation, business trust, estate, 
3.2 	trust, partnership, limited liability company, association, joint venture, public corporation, 
3.3 	government or governmental subdivision, agency, or instrumentality, or any other legal or 
3.4 	commercial entity.
3.5 		Subd. 22.Physician. "Physician" means an individual authorized to practice 
3.6 	medicine or osteopathy under the law of any state.
3.7 		Subd. 23.Procurement organization. "Procurement organization" means an eye 
3.8 	bank, organ procurement organization, or tissue bank.
3.9 		Subd. 24.Prospective donor. "Prospective donor" means an individual who is dead 
3.10 	or near death and has been determined by a procurement organization to have a part that 
3.11 	could be medically suitable for transplantation, therapy, research, or education. The term 
3.12 	does not include an individual who has made a refusal.
3.13 		Subd. 25.Reasonably available. "Reasonably available" means able to be 
3.14 	contacted by a procurement organization without undue effort and willing and able to act 
3.15 	in a timely manner consistent with existing medical criteria necessary for the making of 
3.16 	an anatomical gift.
3.17 		Subd. 26.Recipient. "Recipient" means an individual into whose body a decedent's 
3.18 	part has been or is intended to be transplanted.
3.19 		Subd. 27.Record. "Record" means information that is inscribed on a tangible 
3.20 	medium or that is stored in an electronic or other medium and is retrievable in perceivable 
3.21 	form.
3.22 		Subd. 28.Refusal. "Refusal" means a record created under section 525A.07 that 
3.23 	expressly states an intent to bar other persons from making an anatomical gift of an 
3.24 	individual's body or part.
3.25 		Subd. 29.Sign. "Sign" means, with the present intent to authenticate or adopt 
3.26 	a record:
3.27 	(1) to execute or adopt a tangible symbol; or
3.28 	(2) to attach to or logically associate with the record an electronic symbol, sound, 
3.29 	or process.
3.30 		Subd. 30.State. "State" means a state of the United States, the District of Columbia, 
3.31 	Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject 
3.32 	to the jurisdiction of the United States.
3.33 		Subd. 31.Technician. "Technician" means an individual determined to be qualified 
3.34 	to remove or process parts by an appropriate organization that is licensed, accredited, or 
3.35 	regulated under federal or state law. The term includes an enucleator.
4.1 		Subd. 32.Tissue. "Tissue" means a portion of the human body other than an organ 
4.2 	or an eye. The term does not include blood unless the blood is donated for the purpose 
4.3 	of research or education.
4.4 		Subd. 33.Tissue bank. "Tissue bank" means a person that is licensed, accredited, 
4.5 	or regulated under federal or state law to engage in the recovery, screening, testing, 
4.6 	processing, storage, or distribution of tissue.
4.7 		Subd. 34.Transplant hospital. "Transplant hospital" means a hospital that 
4.8 	furnishes organ transplants and other medical and surgical specialty services required 
4.9 	for the care of transplant patients.

4.10 	Sec. 3. [525A.03] APPLICABILITY.
4.11 	This chapter applies to an anatomical gift or amendment to, revocation of, or refusal 
4.12 	to make an anatomical gift, whenever made.

4.13 	Sec. 4. [525A.04] WHO MAY MAKE ANATOMICAL GIFT BEFORE DONOR'S 
4.14 	DEATH.
4.15 	Subject to section 525A.08, an anatomical gift of a donor's body or part may be 
4.16 	made during the life of the donor for the purpose of transplantation, therapy, research, or 
4.17 	education in the manner provided in section 525A.05 by:
4.18 	(1) the donor, if the donor is an adult or if the donor is a minor and is:
4.19 	(i) emancipated; or
4.20 	(ii) authorized under state law to apply for a driver's license because the donor is 
4.21 	at least 16 years of age;
4.22 	(2) an agent of the donor, unless the power of attorney for health care or other record 
4.23 	prohibits the agent from making an anatomical gift;
4.24 	(3) a parent of the donor, if the donor is an unemancipated minor; or
4.25 	(4) the donor's guardian.

4.26 	Sec. 5. [525A.05] MANNER OF MAKING ANATOMICAL GIFT BEFORE 
4.27 	DONOR'S DEATH.
4.28 	(a) A donor may make an anatomical gift:
4.29 	(1) by authorizing a statement or symbol indicating that the donor has made an 
4.30 	anatomical gift to be imprinted on the donor's driver's license or identification card;
4.31 	(2) in a will;
4.32 	(3) during a terminal illness or injury of the donor, by any form of communication 
4.33 	addressed to at least two adults, at least one of whom is a disinterested witness; or
5.1 	(4) as provided in paragraph (b).
5.2 	(b) A donor or other person authorized to make an anatomical gift under section 
5.3 	525A.04 may make a gift by a donor card or other record signed by the donor or other 
5.4 	person making the gift or by authorizing that a statement or symbol indicating that the 
5.5 	donor has made an anatomical gift be included on a donor registry. If the donor or 
5.6 	other person is physically unable to sign a record, the record may be signed by another 
5.7 	individual at the direction of the donor or other person and must:
5.8 	(1) be witnessed by at least two adults, at least one of whom is a disinterested 
5.9 	witness, who have signed at the request of the donor or the other person; and
5.10 	(2) state that it has been signed and witnessed as provided in clause (1).
5.11 	(c) Revocation, suspension, expiration, or cancellation of a driver's license or 
5.12 	identification card upon which an anatomical gift is indicated does not invalidate the gift.
5.13 	(d) An anatomical gift made by will takes effect upon the donor's death whether or 
5.14 	not the will is probated. Invalidation of the will after the donor's death does not invalidate 
5.15 	the gift.

5.16 	Sec. 6. [525A.06] AMENDING OR REVOKING ANATOMICAL GIFT BEFORE 
5.17 	DONOR'S DEATH.
5.18 	(a) Subject to section 525A.08, a donor or other person authorized to make an 
5.19 	anatomical gift under section 525A.04 may amend or revoke an anatomical gift by:
5.20 	(1) a record signed by:
5.21 	(i) the donor;
5.22 	(ii) the other person; or
5.23 	(iii) subject to paragraph (b), another individual acting at the direction of the donor 
5.24 	or the other person if the donor or other person is physically unable to sign; or
5.25 	(2) a later-executed document of gift that amends or revokes a previous anatomical 
5.26 	gift or portion of an anatomical gift, either expressly or by inconsistency.
5.27 	(b) A record signed pursuant to paragraph (a), clause (1), item (iii), must:
5.28 	(1) be witnessed by at least two adults, at least one of whom is a disinterested 
5.29 	witness, who have signed at the request of the donor or the other person; and
5.30 	(2) state that it has been signed and witnessed as provided in clause (1).
5.31 	(c) Subject to section 525A.08, a donor or other person authorized to make an 
5.32 	anatomical gift under section 525A.04 may revoke an anatomical gift by the destruction or 
5.33 	cancellation of the document of gift, or the portion of the document of gift used to make 
5.34 	the gift, with the intent to revoke the gift.
6.1 	(d) A donor may amend or revoke an anatomical gift that was not made in a will 
6.2 	by any form of communication during a terminal illness or injury addressed to at least 
6.3 	two adults, at least one of whom is a disinterested witness.
6.4 	(e) A donor who makes an anatomical gift in a will may amend or revoke the gift in 
6.5 	the manner provided for amendment or revocation of wills or as provided in paragraph (a).

6.6 	Sec. 7. [525A.07] REFUSAL TO MAKE ANATOMICAL GIFT; EFFECT OF 
6.7 	REFUSAL.
6.8 	(a) An individual may refuse to make an anatomical gift of the individual's body 
6.9 	or part by:
6.10 	(1) a record signed by:
6.11 	(i) the individual; or
6.12 	(ii) subject to paragraph (b), another individual acting at the direction of the 
6.13 	individual if the individual is physically unable to sign;
6.14 	(2) the individual's will, whether or not the will is admitted to probate or invalidated 
6.15 	after the individual's death; or
6.16 	(3) any form of communication made by the individual during the individual's 
6.17 	terminal illness or injury addressed to at least two adults, at least one of whom is a 
6.18 	disinterested witness.
6.19 	(b) A record signed pursuant to paragraph (a), clause (1), item (ii), must:
6.20 	(1) be witnessed by at least two adults, at least one of whom is a disinterested 
6.21 	witness, who have signed at the request of the individual; and
6.22 	(2) state that it has been signed and witnessed as provided in clause (1).
6.23 	(c) An individual who has made a refusal may amend or revoke the refusal:
6.24 	(1) in the manner provided in paragraph (a) for making a refusal;
6.25 	(2) by subsequently making an anatomical gift pursuant to section 525A.05 that is 
6.26 	inconsistent with the refusal; or
6.27 	(3) by destroying or canceling the record evidencing the refusal, or the portion of the 
6.28 	record used to make the refusal, with the intent to revoke the refusal.
6.29 	(d) Except as otherwise provided in section 525A.08, paragraph (h), in the absence 
6.30 	of an express, contrary indication by the individual set forth in the refusal, an individual's 
6.31 	unrevoked refusal to make an anatomical gift of the individual's body or part bars all other 
6.32 	persons from making an anatomical gift of the individual's body or part.

6.33 	Sec. 8. [525A.08] PRECLUSIVE EFFECT OF ANATOMICAL GIFT, 
6.34 	AMENDMENT, OR REVOCATION.
7.1 	(a) Except as otherwise provided in paragraph (g) and subject to paragraph (f), in the 
7.2 	absence of an express, contrary indication by the donor, a person other than the donor is 
7.3 	barred from making, amending, or revoking an anatomical gift of a donora??s body or part if 
7.4 	the donor made an anatomical gift of the donora??s body or part under section 525A.05 or an 
7.5 	amendment to an anatomical gift of the donora??s body or part under section 525A.06.
7.6 	(b) A donora??s revocation of an anatomical gift of the donora??s body or part under 
7.7 	section 525A.06 is not a refusal and does not bar another person specified in section 
7.8 	525A.04 or 525A.09 from making an anatomical gift of the donora??s body or part under 
7.9 	section 525A.05 or 525A.10.
7.10 	(c) If a person other than the donor makes an unrevoked anatomical gift of the 
7.11 	donora??s body or part under section 525A.05 or an amendment to an anatomical gift of the 
7.12 	donora??s body or part under section 525A.06, another person may not make, amend, or 
7.13 	revoke the gift of the donora??s body or part under section 525A.10.
7.14 	(d) A revocation of an anatomical gift of a donora??s body or part under section 
7.15 	525A.06 by a person other than the donor does not bar another person from making an 
7.16 	anatomical gift of the body or part under section 525A.05 or 525A.10.
7.17 	(e) In the absence of an express, contrary indication by the donor or other person 
7.18 	authorized to make an anatomical gift under section 525A.04, an anatomical gift of a part 
7.19 	is neither a refusal to give another part nor a limitation on the making of an anatomical gift 
7.20 	of another part at a later time by the donor or another person.
7.21 	(f) In the absence of an express, contrary indication by the donor or other person 
7.22 	authorized to make an anatomical gift under section 525A.04, an anatomical gift of a 
7.23 	part for one or   more of the purposes set forth in section 525A.04 is not a limitation on 
7.24 	the making of an anatomical gift of the part for any of the other purposes by the donor 
7.25 	or any other person under section 525A.05 or 525A.10.
7.26 	(g) If a donor who is an unemancipated minor dies, a parent of the donor who is 
7.27 	reasonably available may revoke or amend an anatomical gift of the donora??s body or part.
7.28 	 (h) If an unemancipated minor who signed a refusal dies, a parent of the minor who 
7.29 	is reasonably available may revoke the minora??s refusal.

7.30 	Sec. 9. [525A.09] WHO MAY MAKE ANATOMICAL GIFT OF DECEDENT'S 
7.31 	BODY OR PART.
7.32 	(a) Subject to paragraphs (b) and (c) and unless barred by section 525A.07 or 
7.33 	525A.08, an anatomical gift of a decedenta??s body or part for the purpose of transplantation, 
7.34 	therapy, research, or education may be made by any member of the following classes of 
7.35 	persons who is reasonably available, in the order of priority listed:
8.1 	(1) an agent of the decedent at the time of death who could have made an anatomical 
8.2 	gift under section 525A.04, clause (2), immediately before the decedenta??s death;
8.3 	(2) the spouse of the decedent;
8.4 	(3) adult children of the decedent;
8.5 	(4) parents of the decedent;
8.6 	(5) adult siblings of the decedent;
8.7 	(6) adult grandchildren of the decedent;
8.8 	(7) grandparents of the decedent;
8.9 	(8) an adult who exhibited special care and concern for the decedent;
8.10 	(9) the persons who were acting as the guardians of the person of the decedent 
8.11 	at the time of death; and 
8.12 	(10) any other person having the authority to dispose of the decedenta??s body.
8.13 	(b) If there is more than one member of a class listed in paragraph (a), clause (1), 
8.14 	(3), (4), (5), (6), (7), or (9), entitled to make an anatomical gift, an anatomical gift may 
8.15 	be made by a member of the class unless that member or a person to which the gift may 
8.16 	pass under section 525A.11 knows of an objection by another member of the class. If 
8.17 	an objection is known, the gift may be made only by a majority of the members of the 
8.18 	class who are reasonably available.
8.19 	(c) A person may not make an anatomical gift if, at the time of the decedenta??s death, 
8.20 	a person in a prior class under paragraph (a) is reasonably available to make or to object to 
8.21 	the making of an anatomical gift.

8.22 	Sec. 10. [525A.10] MANNER OF MAKING, AMENDING, OR REVOKING 
8.23 	ANATOMICAL GIFT OF DECEDENT'S BODY OR PART.
8.24 	(a) A person authorized to make an anatomical gift under section 525A.09 may 
8.25 	make an anatomical gift by a document of gift signed by the person making the gift or by 
8.26 	that persona??s oral communication that is electronically recorded or is contemporaneously 
8.27 	reduced to a record and signed by the individual receiving the oral communication.
8.28 	(b) Subject to paragraph (c), an anatomical gift by a person authorized under section 
8.29 	525A.09 may be amended or revoked orally or in a record by any member of a prior class 
8.30 	who is reasonably available. If more than one member of the prior class is reasonably 
8.31 	available, the gift made by a person authorized under section 525A.09 may be:
8.32 	(1) amended only if a majority of the reasonably available members agree to the 
8.33 	amending of the gift; or
8.34 	(2) revoked only if a majority of the reasonably available members agree to the 
8.35 	revoking of the gift or if they are equally divided as to whether to revoke the gift.
9.1 	(c) A revocation under paragraph (b) is effective only if, before an incision has been 
9.2 	made to remove a part from the donora??s body or before invasive procedures have begun to 
9.3 	prepare the recipient, the procurement organization, transplant hospital, or physician or 
9.4 	technician knows of the revocation.

9.5 	Sec. 11. [525A.11] PERSONS THAT MAY RECEIVE ANATOMICAL GIFT; 
9.6 	PURPOSE OF ANATOMICAL GIFT.
9.7 	(a) An anatomical gift may be made to the following persons named in the document 
9.8 	of gift:
9.9 	(1) a hospital; accredited medical school, dental school, college, or university; organ 
9.10 	procurement organization; or nonprofit organization in medical education or research, 
9.11 	for research or education;
9.12 	(2) subject to paragraph (b), an individual designated by the person making the 
9.13 	anatomical gift if the individual is the recipient of the part; and 
9.14 	(3) an eye bank or tissue bank.
9.15 	(b) If an anatomical gift to an individual under paragraph (a), clause (2), cannot be 
9.16 	transplanted into the individual, the part passes in accordance with paragraph (g) in the 
9.17 	absence of an express, contrary indication by the person making the anatomical gift.
9.18 	(c) If an anatomical gift of one or more specific parts or of all parts is made in a 
9.19 	document of gift that does not name a person described in paragraph (a) but identifies the 
9.20 	purpose for which an anatomical gift may be used, the following rules apply:
9.21 	(1) if the part is an eye and the gift is for the purpose of transplantation or therapy, 
9.22 	the gift passes to the appropriate eye bank;
9.23 	(2) if the part is tissue and the gift is for the purpose of transplantation or therapy, the 
9.24 	gift passes to the appropriate tissue bank;
9.25 	(3) if the part is an organ and the gift is for the purpose of transplantation or therapy, 
9.26 	the gift passes to the appropriate organ procurement organization as custodian of the 
9.27 	organ; and
9.28 	(4) if the part is an organ, an eye, or tissue and the gift is for the purpose of research 
9.29 	or education, the gift passes to the appropriate procurement organization.
9.30 	(d) For the purpose of paragraph (c), if there is more than one purpose of an 
9.31 	anatomical gift set forth in the document of gift but the purposes are not set forth in any 
9.32 	priority,  the gift must be used for transplantation or therapy, if suitable. If the gift cannot 
9.33 	be used for transplantation or therapy, the gift may be used for research or education. 
9.34 	(e) If an anatomical gift of one or more specific parts is made in a document of gift 
9.35 	that does not name a person described in paragraph (a) and does not identify the purpose 
10.1 	of the gift, the gift may be used only for transplantation or therapy, and the gift passes in 
10.2 	accordance with paragraph (g).
10.3 	(f) If a document of gift specifies only a general intent to make an anatomical gift 
10.4 	by words such as "donor," "organ donor," or "body donor," or by a symbol or statement 
10.5 	of similar import, the gift may be used only for transplantation or therapy, and the gift 
10.6 	passes in accordance with paragraph (g).
10.7 	(g) For purposes of paragraphs (b), (e), and (f), the following rules apply:
10.8 	(1) if the part is an eye, the gift passes to the appropriate eye bank;
10.9 	(2) if the part is tissue, the gift passes to the appropriate tissue bank; and
10.10 	(3) if the part is an organ, the gift passes to the appropriate organ procurement 
10.11 	organization as custodian of the organ.
10.12 	(h) An anatomical gift of an organ for transplantation or therapy, other than 
10.13 	an anatomical gift under paragraph (a), clause (2), passes to the organ procurement 
10.14 	organization as custodian of the organ.
10.15 	(i) If an anatomical gift does not pass pursuant to paragraphs (a) to (h) or the 
10.16 	decedenta??s body or part is not used for transplantation, therapy, research, or education, 
10.17 	custody of the body or part passes to the person under obligation to dispose of the body or 
10.18 	part.
10.19 	(j) A person may not accept an anatomical gift if the person knows that the gift was 
10.20 	not effectively made under section 525A.05 or 525A.10 or if the person knows that the 
10.21 	decedent made a refusal under section 525A.07 that was not revoked. For purposes of 
10.22 	this paragraph, if a person knows that an anatomical gift was made on a document of gift, 
10.23 	the person is deemed to know of any amendment or revocation of the gift or any refusal 
10.24 	to make an anatomical gift on the same document of gift.
10.25 	(k) Except as otherwise provided in paragraph (a), clause (2), nothing in this chapter 
10.26 	affects the allocation of organs for transplantation or therapy.

10.27 	Sec. 12. [525A.12] SEARCH AND NOTIFICATION.
10.28 	(a) The following persons shall make a reasonable search of an individual who 
10.29 	the person reasonably believes is dead or near death for a document of gift or other 
10.30 	information identifying the individual as a donor or as an individual who made a refusal:
10.31 	(1) a law enforcement officer, firefighter, paramedic, or other emergency rescuer 
10.32 	finding the individual; and
10.33 	(2) if no other source of the information is immediately available, a hospital, as soon 
10.34 	as practical after the individuala??s arrival at the hospital.
11.1 	(b) If a document of gift or a refusal to make an anatomical gift is located by the 
11.2 	search required by paragraph (a), clause (1), and the individual or deceased individual to 
11.3 	whom it relates is taken to a hospital, the person responsible for conducting the search 
11.4 	shall send the document of gift or refusal to the hospital.
11.5 	(c) A person is not subject to criminal or civil liability for failing to discharge the 
11.6 	duties imposed by this section but may be subject to administrative sanctions.

11.7 	Sec. 13. [525A.13] DELIVERY OF DOCUMENT OF GIFT NOT REQUIRED; 
11.8 	RIGHT TO EXAMINE.
11.9 	(a) A document of gift need not be delivered during the donora??s lifetime to be 
11.10 	effective.
11.11 	(b) Upon or after an individuala??s death, a person in possession of a document of 
11.12 	gift or a refusal to make an anatomical gift with respect to the individual shall allow 
11.13 	examination and copying of the document of gift or refusal by a person authorized to 
11.14 	make or object to the making of an anatomical gift with respect to the individual or by a 
11.15 	person to which the gift could pass under section 525A.11.

11.16 	Sec. 14. [525A.14] RIGHTS AND DUTIES OF PROCUREMENT 
11.17 	ORGANIZATION AND OTHERS.
11.18 	(a) When a hospital refers an individual at or near death to a procurement 
11.19 	organization, the organization shall make a reasonable search of the records of the 
11.20 	Department of Public Safety and any donor registry that it knows exists for the 
11.21 	geographical area in which the individual resides to ascertain whether the individual has 
11.22 	made an anatomical gift.
11.23 	(b) A procurement organization must be allowed reasonable access to information 
11.24 	in the records of the Department of Public Safety to ascertain whether an individual at 
11.25 	or near death is a donor.
11.26 	(c) When a hospital refers an individual at or near death to a procurement 
11.27 	organization, the organization may conduct any reasonable examination necessary to 
11.28 	ensure the medical suitability of a part that is or could be the subject of an anatomical gift 
11.29 	for transplantation, therapy, research, or education from a donor or a prospective donor. 
11.30 	During the examination period, measures necessary to ensure the medical suitability of the 
11.31 	part may not be withdrawn unless the hospital or procurement organization knows that 
11.32 	the individual expressed a contrary intent.
11.33 	(d) Unless prohibited by law other than this chapter, at any time after a donora??s 
11.34 	death, the person to which a part passes under section 525A.11 may conduct any 
12.1 	reasonable examination necessary to ensure the medical suitability of the body or part 
12.2 	for its intended purpose.
12.3 	(e) Unless prohibited by law other than this chapter, an examination under paragraph 
12.4 	(c) or (d) may include an examination of all medical and dental records of the donor or 
12.5 	prospective donor.
12.6 	(f) Upon the death of a minor who was a donor or had signed a refusal, unless a 
12.7 	procurement organization knows the minor is emancipated, the procurement organization 
12.8 	shall conduct a reasonable search for the parents of the minor and provide the parents with 
12.9 	an opportunity to revoke or amend the anatomical gift or revoke the refusal.
12.10 	(g) Upon referral by a hospital under paragraph (a), a procurement organization shall 
12.11 	make a reasonable search for any person listed in section 525A.09 having priority to make 
12.12 	an anatomical gift on behalf of a prospective donor. If a procurement organization receives 
12.13 	information that an anatomical gift to any other person was made, amended, or revoked, it 
12.14 	shall promptly advise the other person of all relevant information.
12.15 	(h) Subject to sections 525A.11, paragraph (i), and 525A.23, the rights of the person 
12.16 	to which a part passes under section 525A.11 are superior to the rights of all others with 
12.17 	respect to the part. The person may accept or reject an anatomical gift in whole or in part. 
12.18 	Subject to the terms of the document of gift and this chapter, a person that accepts an 
12.19 	anatomical gift of an entire body may allow embalming, burial, or cremation, and use of 
12.20 	remains in a funeral service. If the gift is of a part, the person to which the part passes 
12.21 	under section 525A.11, upon the death of the donor and before embalming, burial, or 
12.22 	cremation, shall cause the part to be removed without unnecessary mutilation.
12.23 	(i) Neither the physician who attends the decedent at death nor the physician who 
12.24 	determines the time of the decedenta??s death may participate in the procedures for removing 
12.25 	or transplanting a part from the decedent.
12.26 	(j) A physician or technician may remove a donated part from the body of a donor 
12.27 	that the physician or technician is qualified to remove.

12.28 	Sec. 15. [525A.15] COORDINATION OF PROCUREMENT AND USE.
12.29 	Each hospital in this state shall enter into agreements or affiliations with procurement 
12.30 	organizations for coordination of procurement and use of anatomical gifts.

12.31 	Sec. 16. [525A.16] SALE OR PURCHASE OF PARTS PROHIBITED; FELONY.
12.32 	(a) Except as otherwise provided in paragraph (b), a person that for valuable 
12.33 	consideration, knowingly purchases or sells a part for transplantation or therapy if removal 
12.34 	of a part from an individual is intended to occur after the individuala??s death, commits a 
13.1 	felony and upon conviction is subject to a fine not exceeding $10,000 or imprisonment 
13.2 	not exceeding five years, or both.
13.3 	(b) A person may charge a reasonable amount for the removal, processing, 
13.4 	preservation, quality control, storage, transportation, implantation, or disposal of a part.

13.5 	Sec. 17. [525A.17] PROHIBITED ACTS; FELONY.
13.6 	A person that, in order to obtain a financial gain, intentionally falsifies, forges, 
13.7 	conceals, defaces, or obliterates a document of gift, an amendment or revocation of a 
13.8 	document of gift, or a refusal commits a felony and upon conviction is subject to a fine not 
13.9 	exceeding $10,000 or imprisonment not exceeding five years, or both.

13.10 	Sec. 18. [525A.18] IMMUNITY.
13.11 	(a) A person that acts in accordance with this chapter or with the applicable 
13.12 	anatomical gift law of another state, or attempts in good faith to do so, is not liable for the 
13.13 	act in a civil action, criminal prosecution, or administrative proceeding.
13.14 	(b) Neither the person making an anatomical gift nor the donora??s estate is liable for 
13.15 	any injury or damage that results from the making or use of the gift.
13.16 	(c) In determining whether an anatomical gift has been made, amended, or revoked 
13.17 	under this chapter, a person may rely upon representations of an individual listed in 
13.18 	section 525A.09, paragraph (a), clause (2), (3), (4), (5), (6), (7), or (8), relating to the 
13.19 	individuala??s relationship to the donor or prospective donor unless the person knows that 
13.20 	the representation is untrue.
13.21 	(d) An anatomical gift under this chapter is not a sale of goods as that term is defined 
13.22 	in section 336.2-105, paragraph (1), or the sale of a product.

13.23 	Sec. 19. [525A.19] LAW GOVERNING VALIDITY; CHOICE OF LAW AS TO 
13.24 	EXECUTION OF DOCUMENT OF GIFT; PRESUMPTION OF VALIDITY.
13.25 	(a) A document of gift is valid if executed in accordance with:
13.26 	(1) this chapter;
13.27 	(2) the laws of the state or country where it was executed; or
13.28 	(3) the laws of the state or country where the person making the anatomical gift 
13.29 	was domiciled, has a place of residence, or was a national at the time the document of 
13.30 	gift was executed.
13.31 	(b) If a document of gift is valid under this section, the law of this state governs 
13.32 	the interpretation of the document of gift.
14.1 	(c) A person may presume that a document of gift or amendment of an anatomical 
14.2 	gift is valid unless that person knows that it was not validly executed or was revoked.

14.3 	Sec. 20. [525A.20] DONOR REGISTRY.
14.4 	(a) The Department of Health may establish or contract for the establishment of a 
14.5 	donor registry.
14.6 	(b) The Department of Public Safety shall cooperate with a person that administers 
14.7 	any donor registry that this state establishes, contracts for, or recognizes for the purpose 
14.8 	of transferring to the donor registry all relevant information regarding a donora??s making, 
14.9 	amendment to, or revocation of an anatomical gift.
14.10 	(c) A donor registry must:
14.11 	(1) allow a donor or other person authorized under section 525A.04 to include on 
14.12 	the donor registry a statement or symbol that the donor has made, amended, or revoked 
14.13 	an anatomical gift;
14.14 	(2) be accessible to a procurement organization to allow it to obtain relevant 
14.15 	information on the donor registry to determine, at or near death of the donor or a 
14.16 	prospective donor, whether the donor or prospective donor has made, amended, or revoked 
14.17 	an anatomical gift; and
14.18 	(3) be accessible, for purposes of clauses (1) and (2), seven days a week on a 
14.19 	24-hour basis.
14.20 	(d) Personally identifiable information on a donor registry about a donor or 
14.21 	prospective donor may not be used or disclosed without the express consent of the donor, 
14.22 	prospective donor, or person that made the anatomical gift for any purpose other than 
14.23 	to determine, at or near death of the donor or prospective donor, whether the donor or 
14.24 	prospective donor has made, amended, or revoked an anatomical gift.
14.25 	(e) This section does not prohibit any person from creating or maintaining a donor 
14.26 	registry that is not established by or under contract with the state. Any such registry 
14.27 	must comply with paragraphs (c) and (d).

14.28 	Sec. 21. [525A.21] EFFECT OF ANATOMICAL GIFT ON ADVANCE HEALTH 
14.29 	CARE DIRECTIVE.
14.30 	(a) In this section:
14.31 	(1) "advance health care directive" means a power of attorney for health care 
14.32 	or a record signed by a prospective donor containing the prospective donora??s direction 
14.33 	concerning a health care decision for the prospective donor;
15.1 	(2) "declaration" means a record signed by a prospective donor specifying the 
15.2 	circumstances under which a life support system may be withheld or withdrawn from 
15.3 	the prospective donor; and
15.4 	(3) "health care decision" means any decision made regarding the health care of the 
15.5 	prospective donor.
15.6 	(b) If a prospective donor has a declaration or advance health care directive, 
15.7 	measures necessary to ensure the medical suitability of an organ for transplantation 
15.8 	or therapy may not be withheld or withdrawn from the prospective donor, unless the 
15.9 	declaration expressly provides to the contrary.

15.10 	Sec. 22. [525A.22] COOPERATION BETWEEN MEDICAL EXAMINER AND 
15.11 	PROCUREMENT ORGANIZATION.
15.12 	(a) A medical examiner shall cooperate with procurement organizations to maximize 
15.13 	the opportunity to recover anatomical gifts for the purpose of transplantation, therapy, 
15.14 	research, or education.
15.15 	(b) If a medical examiner receives notice from a procurement organization that an 
15.16 	anatomical gift might be available or was made with respect to a decedent whose body is 
15.17 	under the jurisdiction of the medical examiner and a postmortem examination is going to 
15.18 	be performed, unless the medical examiner denies recovery in accordance with section 
15.19 	525A.23, the medical examiner or designee shall conduct a postmortem examination of 
15.20 	the body or the part in a manner and within a period compatible with its preservation for 
15.21 	the purposes of the gift.
15.22 	(c) A part may not be removed from the body of a decedent under the jurisdiction 
15.23 	of a medical examiner for transplantation, therapy, research, or education unless the part 
15.24 	is the subject of an anatomical gift. The body of a decedent under the jurisdiction of the 
15.25 	medical examiner may not be delivered to a person for research or education unless the 
15.26 	body is the subject of an anatomical gift. This paragraph does not preclude a medical 
15.27 	examiner from performing the medicolegal investigation upon the body or parts of a 
15.28 	decedent under the jurisdiction of the medical examiner.

15.29 	Sec. 23. [525A.23] FACILITATION OF ANATOMICAL GIFT FROM 
15.30 	DECEDENT WHOSE BODY IS UNDER JURISDICTION OF MEDICAL 
15.31 	EXAMINER.
15.32 	(a) Upon request of a procurement organization, a medical examiner shall release to 
15.33 	the procurement organization the name, contact information, and available medical and 
15.34 	social history of a decedent whose body is under the jurisdiction of the medical examiner. 
16.1 	If the decedenta??s body or part is medically suitable for transplantation, therapy, research, 
16.2 	or education, the medical examiner shall release postmortem examination results to 
16.3 	the procurement organization. The procurement organization may make a subsequent 
16.4 	disclosure of the postmortem examination results or other information received from the 
16.5 	medical examiner only if relevant to transplantation or therapy.
16.6 	(b) The medical examiner may conduct a medicolegal examination by reviewing 
16.7 	all medical records, laboratory test results, x-rays, other diagnostic results, and other 
16.8 	information that any person possesses about a donor or prospective donor whose body is 
16.9 	under the jurisdiction of the medical examiner which the medical examiner determines 
16.10 	may be relevant to the investigation.
16.11 	(c) A person that has any information requested by a medical examiner pursuant 
16.12 	to paragraph (b) shall provide that information as expeditiously as possible to allow the 
16.13 	medical examiner to conduct the medicolegal investigation within a period compatible 
16.14 	with the preservation of parts for the purpose of transplantation, therapy, research, or 
16.15 	education.
16.16 	(d) If an anatomical gift has been or might be made of a part of a decedent whose 
16.17 	body is under the jurisdiction of the medical examiner and a postmortem examination 
16.18 	is not required, or the medical examiner determines that a postmortem examination is 
16.19 	required but that the recovery of the part that is the subject of an anatomical gift will 
16.20 	not interfere with the examination, the medical examiner and procurement organization 
16.21 	shall cooperate in the timely removal of the part from the decedent for the purpose of 
16.22 	transplantation, therapy, research, or education.
16.23 	(e) If an anatomical gift of a part from the decedent under the jurisdiction of 
16.24 	the medical examiner has been or might be made, but the medical examiner initially 
16.25 	believes that the recovery of the part could interfere with the postmortem investigation 
16.26 	into the decedenta??s cause or manner of death, the medical examiner shall consult with 
16.27 	the procurement organization or physician or technician designated by the procurement 
16.28 	organization about the proposed recovery. After consultation, the medical examiner may 
16.29 	allow the recovery.
16.30 	(f) Following the consultation under paragraph (e), in the absence of mutually 
16.31 	agreed-upon protocols to resolve conflict between the medical examiner and the 
16.32 	procurement organization, if the medical examiner intends to deny recovery of an organ 
16.33 	for transplantation, the medical examiner or designee, at the request of the procurement 
16.34 	organization, shall attend the removal procedure for the part before making a final 
16.35 	determination not to allow the procurement organization to recover the part. During 
16.36 	the removal procedure, the medical examiner or designee may allow recovery by the 
17.1 	procurement organization to proceed, or, if the medical examiner or designee reasonably 
17.2 	believes that the part may be involved in determining the decedenta??s cause or manner of 
17.3 	death, deny recovery by the procurement organization.
17.4 	(g) If the medical examiner or designee denies recovery under paragraph (f), the 
17.5 	medical examiner or designee shall:
17.6 	(1) explain in a record the specific reasons for not allowing recovery of the part;
17.7 	(2) include the specific reasons in the records of the medical examiner; and
17.8 	(3) provide a record with the specific reasons to the procurement organization.
17.9 	(h) If the medical examiner or designee allows recovery of a part under paragraph 
17.10 	(d), (e), or (f), the procurement organization, upon request, shall cause the physician 
17.11 	or technician who removes the part to provide the medical examiner with a record 
17.12 	describing the condition of the part, a biopsy, a photograph, and any other information and 
17.13 	observations that would assist in the postmortem examination.
17.14 	(i) If a medical examiner or designee is required to be present at a removal procedure 
17.15 	under paragraph (f), upon request the procurement organization requesting the recovery 
17.16 	of the part shall reimburse the medical examiner or designee for the additional costs 
17.17 	incurred in complying with paragraph (f).

17.18 	Sec. 24. [525A.24] RELATION TO ELECTRONIC SIGNATURES IN GLOBAL 
17.19 	AND NATIONAL COMMERCE ACT.
17.20 	This chapter modifies, limits, and supersedes the Electronic Signatures in Global and 
17.21 	National Commerce Act, United States Code, title 15, section 7001 et seq., but does not 
17.22 	modify, limit, or supersede section 101(a) of that act, United States Code, title 15, section 
17.23 	7001, or authorize electronic delivery of any of the notices described in section 103(b) 
17.24 	of that act, United States Code, title 15, section 7003(b).

17.25 	Sec. 25.  REPEALER.
 17.26 	Minnesota Statutes 2006, sections 525.921; 525.9211; 525.9212; 525.9213; 
17.27 	525.9214; 525.9215; 525.9216; 525.9217; 525.9218; 525.9219; 525.9221; 525.9222; 
17.28 	525.9223; and 525.9224, are repealed.