HB 0289 2003
1	A bill to be entitled
2	An act relating to anatomical gifts; creating the "Nick
3	Oelrich Gift of Life Act"; amending s. 765.512, F.S.,
4	relating to anatomical gifts; prohibiting modification of
5	a donor's intent; providing that a donor document is
6	legally binding; authorizing specified persons to furnish
7	a donor's medical records upon request; amending s.
8	765.516, F.S.; revising procedures by which the terms of
9	an anatomical gift may be amended or the gift may be
10	revoked; providing an effective date.
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12	Be It Enacted by the Legislature of the State of Florida:
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14	Section 1.This act may be cited as the "Nick Oelrich Gift
15	of Life Act."
16	Section 2. Subsections (1), (2), and (6) of section
17	765.512, Florida Statutes, are amended to read:
18	765.512 Persons who may make an anatomical gift.--
19	(1) Any person who may make a will may give all or part of
20	his or her body for any purpose specified in s. 765.510, the
21	gift to take effect upon death. An anatomical gift made by an
22	adult donor and not revoked by the donor as provided in s.
23	765.516 is irrevocableand does not require the consent or
24	concurrence of any personafter the donor's death.A family
25	member, guardian, representative ad litem, or health care
26	surrogate of a decedent who has made an anatomical gift may not
27	modify the decedent's wishes or deny or prevent the anatomical
28	gift from being made.
29	(2) If the decedent has executed an agreement concerning
30	an anatomical gift,byincludingsigning an organ and tissue
31	donor card,byexpressing his or her wish to donate in a living
32	will or advance directive, orbysignifying his or her intent to
33	donate on his or her driver's license or in some other written
34	form has indicated his or her wish to make an anatomical gift,
35	and in the absence of actual notice of contrary indications by
36	the decedent, thedocument is evidence of legally sufficient
37	informed consent to donate an anatomical gift and is legally
38	binding. Anysurrogate designated by the decedent pursuant to
39	part II of this chapter may give all or any part of the
40	decedent's body for any purpose specified in s. 765.510.
41	(6) A gift of all or part of a body authorizes:
42	(a)Any examination necessary to assure medical
43	acceptability of the gift for the purposes intended.
44	(b) The decedent's medical provider, family, or a third
45	party to furnish medical records requested concerning the
46	decedent's medical and social history.
47	Section 3. Section 765.516, Florida Statutes, is amended
48	to read:
49	765.516 Amendmentof the terms ofortherevocation of the
50	gift.--
51	(1) A donor may amendthe terms ofor revoke an anatomical
52	gift by:
53	(a) The execution and delivery to the donee of a signed
54	statement.
55	(b) An oral statement that is:
56	1. Made to the donor's spouse; or
57	2.made in the presence of two persons, other than the
58	donor's spouse,and communicated to the donor's family or
59	attorney or to the donee.
60	(c) A statement during a terminal illness or injury
61	addressed to an attending physician, who must communicate the
62	revocation of the gift to the procurement organization that is
63	certified by the state.
64	(d) A signed document found onor aboutthe donor's person
65	or in the donor's effects.
66	(2) Any gift made by a will may also be amended or revoked
67	in the manner provided for amendment or revocation of wills or
68	as provided in subsection (1).
69	Section 4. This act shall take effect July 1, 2003.
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