Minnesota Session Laws - 2002, Regular Session

                            CHAPTER 349-H.F.No. 2473 
                  An act relating to anatomical gifts; making certain 
                  changes to driver's license applications; specifying 
                  intent and consent requirements for anatomical gift 
                  designations; amending Minnesota Statutes 2000, 
                  sections 171.06, subdivision 3; 525.9211. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2000, section 171.06, 
        subdivision 3, is amended to read: 
           Subd. 3.  [CONTENTS OF APPLICATION; OTHER INFORMATION.] (a) 
        An application must state the full name, date of birth, sex and 
        residence address of the applicant, a description of the 
        applicant in such manner as the commissioner may require, and 
        must state whether or not the applicant has theretofore been 
        licensed as a driver; and, if so, when and by what state or 
        country and whether any such license has ever been suspended or 
        revoked, or whether an application has ever been refused; and, 
        if so, the date of and reason for such suspension, revocation, 
        or refusal, together with such facts pertaining to the applicant 
        and the applicant's ability to operate a motor vehicle with 
        safety as may be required by the commissioner.  An application 
        for a class C, class B, or class A driver's license also must 
        state the applicant's social security number.  An application 
        for a class D driver's license must have a space for the 
        applicant's social security number and state that providing the 
        number is optional, or otherwise convey that the applicant is 
        not required to enter the social security number.  
           (b) The application form must contain a space where the 
        applicant may indicate a desire to make an anatomical gift.  If 
        the applicant does not indicate a desire to make an anatomical 
        gift when the application is made, the applicant must be offered 
        a donor document in accordance with section 171.07, subdivision 
        5.  The application form must contain statements sufficient to 
        comply with the requirements of the Uniform Anatomical Gift Act 
        (1987), sections 525.921 to 525.9224, so that execution of the 
        application or donor document will make the anatomical gift as 
        provided in section 171.07, subdivision 5, for those indicating 
        a desire to make an anatomical gift.  The application form must 
        contain a notification to the applicant of the availability of a 
        living will/health care directive designation on the license 
        under section 171.07, subdivision 7.  The application must be in 
        the form prepared by the commissioner.  
           (b) (c) The application form must be accompanied by a 
        pamphlet containing relevant facts relating to:  
           (1) the effect of alcohol on driving ability; 
           (2) the effect of mixing alcohol with drugs; 
           (3) the laws of Minnesota relating to operation of a motor 
        vehicle while under the influence of alcohol or a controlled 
        substance; and 
           (4) the levels of alcohol-related fatalities and accidents 
        in Minnesota and of arrests for alcohol-related violations. 
           (c) (d) The application form must also be accompanied by a 
        pamphlet describing Minnesota laws regarding anatomical gifts 
        and, the need for and benefits of anatomical gifts, and the 
        legal implications of making an anatomical gift, including the 
        law governing revocation of anatomical gifts.  The commissioner 
        shall distribute a notice that must accompany all applications 
        for and renewals of a driver's license or Minnesota 
        identification card.  The notice must be prepared in conjunction 
        with a Minnesota organ procurement organization that is 
        certified by the federal Department of Health and Human Services 
        and must include: 
           (1) a statement that provides a fair and reasonable 
        description of the organ donation process, the care of the donor 
        body after death, and the importance of informing family members 
        of the donation decision; and 
           (2) a telephone number in a certified Minnesota organ 
        procurement organization that may be called with respect to 
        questions regarding anatomical gifts. 
           Sec. 2.  Minnesota Statutes 2000, section 525.9211, is 
        amended to read: 
           525.9211 [MAKING, AMENDING, REVOKING, AND REFUSING TO MAKE 
        ANATOMICAL GIFTS BY INDIVIDUAL.] 
           Subdivision 1.  [TITLE.] This section may be cited as the 
        "Darlene Luther Anatomical Gift Act." 
           Subd. 2.  [REQUIREMENTS.] (a) An individual who is at least 
        18 years of age, or a minor with the written consent of a parent 
        or legal guardian, may (i) make an anatomical gift for any of 
        the purposes stated in section 525.9215, paragraph (a), (ii) 
        limit an anatomical gift to one or more of those purposes, or 
        (iii) refuse to make an anatomical gift. 
           (b) An anatomical gift may be made by a will or by a 
        document of gift signed by the donor.  If the donor cannot sign, 
        the document of gift must be signed by another individual and by 
        two witnesses, all of whom have signed at the direction and in 
        the presence of the donor and of each other, and state that it 
        has been so signed. 
           (c) If a document of gift is attached to or imprinted on a 
        donor's motor vehicle operator's or chauffeur's license, the 
        document of gift must comply with paragraph (b).  Revocation, 
        suspension, expiration, or cancellation of the license does not 
        invalidate the anatomical gift. 
           (d) A document of gift may designate a particular physician 
        or surgeon to carry out the appropriate procedures.  In the 
        absence of a designation or if the designee is not available, 
        the donee or other person authorized to accept the anatomical 
        gift may employ or authorize any physician, surgeon, technician, 
        or enucleator to carry out the appropriate procedures. 
           (e) An anatomical gift by will takes effect upon death of 
        the testator, whether or not the will is probated.  If, after 
        death, the will is declared invalid for testamentary purposes, 
        the validity of the anatomical gift is unaffected. 
           (f) A donor may amend or revoke an anatomical gift, not 
        made by will, only by: 
           (1) a signed statement; 
           (2) an oral statement made in the presence of two 
        individuals; 
           (3) any form of communication during a terminal illness or 
        injury addressed to a health care professional or member of the 
        clergy; or 
           (4) the delivery of a signed statement to a specified donee 
        to whom a document of gift had been delivered. 
           (g) The donor of an anatomical gift made by will may amend 
        or revoke the gift in the manner provided for amendment or 
        revocation of wills, or as provided in paragraph (f). 
           (h) An anatomical gift that is not revoked by the donor 
        before death is irrevocable and does not require the consent or 
        concurrence of any person after the donor's death.  An 
        anatomical gift designation made by a will, a designation on a 
        driver's license or Minnesota identification card made under 
        section 171.07, subdivision 5, 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.  For a donor's revocation of an anatomical gift 
        made by a document of gift to be valid, the donor must use one 
        of the methods of revocation in paragraph (f). 
           (i) An individual may refuse to make an anatomical gift of 
        the individual's body or part by (i) a writing signed in the 
        same manner as a document of gift, or (ii) any other writing 
        used to identify the individual as refusing to make an 
        anatomical gift.  During a terminal illness or injury, the 
        refusal may be an oral statement or other form of communication. 
           (j) In the absence of contrary indications by the donor, an 
        anatomical gift of a part is neither a refusal to give other 
        parts nor a limitation on an anatomical gift under section 
        525.9212 or on a removal or release of other parts under section 
        525.9213. 
           (k) In the absence of contrary indications by the donor, a 
        revocation or amendment of an anatomical gift is not a refusal 
        to make another anatomical gift.  If the donor intends a 
        revocation to be a refusal to make an anatomical gift, the donor 
        shall make the refusal pursuant to paragraph (i). 
           Sec. 3.  [EFFECTIVE DATE.] 
           Section 1 is effective December 1, 2002, and applies to 
        application forms distributed on or after that date.  Section 2 
        is effective the day following final enactment and applies to 
        documents of gifts executed before, on, or after the effective 
        date. 
           Presented to the governor April 22, 2002 
           Signed by the governor April 24, 2002, 1:55 p.m.