| 1 | A bill to be entitled |
| 2 | An act relating to organ and tissue donation; providing |
| 3 | findings and intent; amending s. 765.511, F.S.; providing |
| 4 | a definition; amending s. 765.512, F.S.; providing for |
| 5 | donation by joining a donor registry; providing for |
| 6 | validity of a designation of intent to donate by an |
| 7 | unemancipated minor upon the minor's attaining majority; |
| 8 | conforming provisions; amending s. 765.514, F.S.; |
| 9 | providing for authorization of anatomical donations by |
| 10 | notations on a driver's license or identification card; |
| 11 | providing for effect on authorization of license |
| 12 | revocation, suspension, expiration, or cancellation; |
| 13 | providing for authorization of anatomical donation by |
| 14 | inclusion on a donor registry; providing for authorization |
| 15 | of donation through online access to registry; providing |
| 16 | for rulemaking; revising the uniform donor card; amending |
| 17 | s. 765.515, F.S.; revising provisions relating to |
| 18 | communication of specified information to the donor |
| 19 | registry; providing for administration of the donor |
| 20 | registry by a specified nonprofit corporation rather than |
| 21 | by a state agency; revising provisions relating to |
| 22 | registry administration; requiring an annual report; |
| 23 | providing for verification of certain online entries; |
| 24 | providing for voluntary contributions to the registry; |
| 25 | revising provisions relating to payment of costs of the |
| 26 | registry; providing for expiration of specified |
| 27 | transitional provisions; providing for provision of |
| 28 | current registry information to the Florida Coalition on |
| 29 | Donation; amending s. 765.516, F.S.; authorizing |
| 30 | revocation of anatomical gift by a donor through removal |
| 31 | of his or her name from the donor registry; amending s. |
| 32 | 765.517, F.S.; revising provisions relating to |
| 33 | verification of a donor's consent at death; creating s. |
| 34 | 765.5201, F.S.; providing legislative findings concerning |
| 35 | the Florida Coalition on Donation; providing for |
| 36 | application of public meetings requirements to certain |
| 37 | meetings of the coalition; amending s. 765.521, F.S.; |
| 38 | revising provisions relating to authorization of donations |
| 39 | as a part of the driver license or identification card |
| 40 | process; amending s. 765.5215, F.S.; revising provisions |
| 41 | relating to anatomical gift education programs; amending |
| 42 | s. 765.52155, F.S.; redesignating the Florida Organ and |
| 43 | Tissue Donor Education and Procurement Trust Fund as the |
| 44 | Florida Organ and Tissue Procurement Trust Fund; repealing |
| 45 | s. 765.5216, F.S., relating to the organ and tissue donor |
| 46 | education panel; amending s. 765.522, F.S.; revising |
| 47 | duties of hospital administrators at or near the time of |
| 48 | death of persons who are suitable candidates for organ or |
| 49 | tissue donation; providing specified immunity to the |
| 50 | Florida Coalition on Donation; revising authority for |
| 51 | designation of organ procurement organizations; amending |
| 52 | s. 765.544, F.S.; revising provisions relating to the use |
| 53 | of the Florida Organ and Tissue Procurement Trust Fund; |
| 54 | providing for use of specified funds for certain |
| 55 | transitional and notification purposes; providing for |
| 56 | expiration of specified provisions; amending s. 215.20, |
| 57 | F.S.; conforming provisions to the redesignation of the |
| 58 | Florida Organ and Tissue Donor Education and Procurement |
| 59 | Trust Fund as the Florida Organ and Tissue Procurement |
| 60 | Trust Fund; amending ss. 320.08047 and 322.08, F.S.; |
| 61 | revising distribution of specified voluntary contributions |
| 62 | for organ and tissue donor education; providing an |
| 63 | effective date. |
| 64 |
|
| 65 | Be It Enacted by the Legislature of the State of Florida: |
| 66 |
|
| 67 | Section 1. (1) The Legislature finds that: |
| 68 | (a) There exists in the state a shortage of organ and |
| 69 | tissue donors to provide the organs and tissue that could save |
| 70 | lives or enhance the quality of life for many Floridians. |
| 71 | (b) There is a need to encourage the various minority |
| 72 | populations of Florida to donate organs and tissue. |
| 73 | (c) An enhanced program of donor education coupled with an |
| 74 | online registration process developed and implemented by a |
| 75 | private not-for-profit entity in cooperation with the Department |
| 76 | of Highway Safety and Motor Vehicles that will report its |
| 77 | results to the Agency for Health Care Administration and the |
| 78 | Legislature will lead to an increase in the number of organ and |
| 79 | tissue donors registered in Florida. |
| 80 | (d) The Florida Coalition on Donation has been established |
| 81 | as a not-for-profit entity by the Florida organ procurement |
| 82 | organizations designated by the United States Department of |
| 83 | Health and Human Services and Florida tissue banks and eye |
| 84 | banks, all certified by the Agency for Health Care |
| 85 | Administration. |
| 86 | (2) It is the intent of the Legislature that the funds |
| 87 | collected pursuant to ss. 320.08047 and 322.08(6)(b), Florida |
| 88 | Statutes, be used to maintain the donor registry and for |
| 89 | educational purposes aimed at increasing the number of organ and |
| 90 | tissue donors, thus affording more Floridians who are awaiting |
| 91 | organ or tissue transplants the opportunity for a full and |
| 92 | productive life. |
| 93 | Section 2. Subsections (4) and (5) of section 765.511, |
| 94 | Florida Statutes, are renumbered as subsections (5) and (6), |
| 95 | respectively, and a new subsection (4) is added to that section |
| 96 | to read: |
| 97 | 765.511 Definitions.--As used in this part, the term: |
| 98 | (4) "Florida Coalition on Donation" or "coalition" means |
| 99 | the Florida Coalition on Donation, Inc., a not-for-profit |
| 100 | corporation. |
| 101 | Section 3. Subsections (2) and (3) of section 765.512, |
| 102 | Florida Statutes, are amended to read: |
| 103 | 765.512 Persons who may make an anatomical gift.-- |
| 104 | (2) If the decedent has executed an agreement concerning |
| 105 | an anatomical gift, by signing an organ and tissue donor card, |
| 106 | by joining the organ donor registry, by expressing his or her |
| 107 | wish to donate in a living will or advance directive, or by |
| 108 | signifying his or her intent to donate on his or her driver's |
| 109 | license or identification card or in some other written form has |
| 110 | indicated his or her wish to make an anatomical gift, and in the |
| 111 | absence of actual notice of contrary indications by the |
| 112 | decedent, the document is evidence of legally sufficient |
| 113 | informed consent to donate an anatomical gift and is legally |
| 114 | binding. If an unemancipated minor designates his or her intent |
| 115 | to donate on his or her driver's license or identification card, |
| 116 | the designation shall have the same effect as if it had been |
| 117 | made by an adult once he or she attains the age of majority. Any |
| 118 | surrogate designated by the decedent pursuant to part II of this |
| 119 | chapter may give all or any part of the decedent's body for any |
| 120 | purpose specified in s. 765.510. |
| 121 | (3) If the decedent has not executed an agreement |
| 122 | concerning an anatomical gift, is not included in the donor |
| 123 | registry, or has not designated a surrogate pursuant to part II |
| 124 | of this chapter to make an anatomical gift pursuant to the |
| 125 | conditions of subsection (2), a member of one of the classes of |
| 126 | persons listed below, in the order of priority stated and in the |
| 127 | absence of actual notice of contrary indications by the decedent |
| 128 | or actual notice of opposition by a member of the same or a |
| 129 | prior class, may give all or any part of the decedent's body for |
| 130 | any purpose specified in s. 765.510: |
| 131 | (a) The spouse of the decedent; |
| 132 | (b) An adult son or daughter of the decedent; |
| 133 | (c) Either parent of the decedent; |
| 134 | (d) An adult brother or sister of the decedent; |
| 135 | (e) A grandparent of the decedent; |
| 136 | (f) A guardian of the person of the decedent at the time |
| 137 | of his or her death; or |
| 138 | (g) A representative ad litem who shall be appointed by a |
| 139 | court of competent jurisdiction forthwith upon a petition heard |
| 140 | ex parte filed by any person, which representative ad litem |
| 141 | shall ascertain that no person of higher priority exists who |
| 142 | objects to the gift of all or any part of the decedent's body |
| 143 | and that no evidence exists of the decedent's having made a |
| 144 | communication expressing a desire that his or her body or body |
| 145 | parts not be donated upon death; |
| 146 |
|
| 147 | but no gift shall be made by the spouse if any adult son or |
| 148 | daughter objects, and provided that those of higher priority, if |
| 149 | they are reasonably available, have been contacted and made |
| 150 | aware of the proposed gift, and further provided that a |
| 151 | reasonable search is made to show that there would have been no |
| 152 | objection on religious grounds by the decedent. |
| 153 | Section 4. Section 765.514, Florida Statutes, is amended |
| 154 | to read: |
| 155 | 765.514 Manner of executing anatomical gifts.-- |
| 156 | (1) A gift of all or part of the body under s. 765.512(1) |
| 157 | may be made by: |
| 158 | (a) A statement or symbol indicating that the donor has |
| 159 | made an anatomical gift that he or she has authorized to be |
| 160 | imprinted on his or her driver's license or identification card. |
| 161 | Revocation, suspension, expiration, or cancellation of a |
| 162 | driver's license or identification card upon which an anatomical |
| 163 | gift is indicated does not invalidate the gift. |
| 164 | (b) A statement indicating that the donor has made an |
| 165 | anatomical gift that he or she has authorized to be included on |
| 166 | the donor registry. Individuals may make such an authorization |
| 167 | through online access to the donor registry. The Department of |
| 168 | Highway Safety and Motor Vehicles shall adopt rules to provide |
| 169 | for verification of the identity of such individuals in a manner |
| 170 | similar to the verification of identity for online drivers |
| 171 | license renewal. |
| 172 | (c) A will. The gift becomes effective upon the death of |
| 173 | the testator without waiting for probate. If the will is not |
| 174 | probated or if it is declared invalid for testamentary purposes, |
| 175 | the gift is nevertheless valid to the extent that it has been |
| 176 | acted upon in good faith. |
| 177 | (d)1.(2)(a) A gift of all or part of the body under s. |
| 178 | 765.512(1) may also be made by A document other than a will. The |
| 179 | gift becomes effective upon the death of the donor. The document |
| 180 | must be signed by the donor in the presence of two witnesses who |
| 181 | shall sign the document in the donor's presence. If the donor |
| 182 | cannot sign, the document may be signed for him or her at the |
| 183 | donor's direction and in his or her presence and the presence of |
| 184 | two witnesses who must sign the document in the donor's |
| 185 | presence. Delivery of the document of gift during the donor's |
| 186 | lifetime is not necessary to make the gift valid. |
| 187 | 2.(b) The following form of written instrument shall be |
| 188 | sufficient for any person to give all or part of his or her body |
| 189 | for the purposes of this part: |
| 190 |
|
| 191 | UNIFORM DONOR CARD |
| 192 |
|
| 193 | The undersigned hereby makes this anatomical gift, if medically |
| 194 | acceptable, to take effect on death. The words and marks below |
| 195 | indicate my desires: |
| 196 | I give: |
| 197 | (a) _____ any needed organs, tissues, or eyes or parts; |
| 198 | (b) _____ only the following organs, tissues, or eyes or |
| 199 | parts |
| 200 | [Specify the organ(s), tissue(s), or eye(s) or part(s)] |
| 201 | for the purpose of transplantation, therapy, medical research, |
| 202 | or education; |
| 203 | (c) _____ my body for anatomical study if needed. |
| 204 | Limitations or special wishes, if any: |
| 205 | (If applicable, list specific donee)[This must be arranged in |
| 206 | advance with the donee.] |
| 207 |
|
| 208 | Signed by the donor and the following witnesses in the presence |
| 209 | of each other: |
| 210 |
|
| 211 | (Signature of donor) (Date of birth of donor) |
| 212 | (Date signed) (City and State) |
| 213 |
|
| 214 | (Witness) (Witness) |
| 215 | (Address) (Address) |
| 216 | (2)(3) The gift may be made to a donee specified by name. |
| 217 | If the donee is not specified by name, the gift may be accepted |
| 218 | by the attending physician as donee upon or following the |
| 219 | donor's death. If the gift is made to a specified donee who is |
| 220 | not available at the time and place of death, the attending |
| 221 | physician may accept the gift as donee upon or following death |
| 222 | in the absence of any expressed indication that the donor |
| 223 | desired otherwise. However, the Legislature declares that the |
| 224 | public policy of this state prohibits restrictions on the |
| 225 | possible recipients of an anatomical gift on the basis of race, |
| 226 | color, religion, sex, national origin, age, physical handicap, |
| 227 | health status, marital status, or economic status, and such |
| 228 | restrictions are hereby declared void and unenforceable. The |
| 229 | physician who becomes a donee under this subsection shall not |
| 230 | participate in the procedures for removing or transplanting a |
| 231 | part. |
| 232 | (3)(4) Notwithstanding s. 765.517(2), the donor may |
| 233 | designate in his or her will or other document of gift the |
| 234 | surgeon or physician to carry out the appropriate procedures. In |
| 235 | the absence of a designation or if the designee is not |
| 236 | available, the donee or other person authorized to accept the |
| 237 | gift may employ or authorize any surgeon or physician for the |
| 238 | purpose. |
| 239 | (4)(5) Any gift by a member of a class designated in s. |
| 240 | 765.512(3) must be made by a document signed by that person or |
| 241 | made by that person's witnessed telephonic discussion, |
| 242 | telegraphic message, or other recorded message. |
| 243 | Section 5. Section 765.515, Florida Statutes, is amended |
| 244 | to read: |
| 245 | 765.515 Delivery of document; organ and tissue donor |
| 246 | registry.-- |
| 247 | (1) If a gift is made pursuant to through the program |
| 248 | established by the Agency for Health Care Administration and the |
| 249 | Department of Highway Safety and Motor Vehicles under the |
| 250 | authority of s. 765.521, the completed donor registration card |
| 251 | shall be delivered to the Department of Highway Safety and Motor |
| 252 | Vehicles and processed as provided in a manner specified in |
| 253 | subsection (4), but delivery is not necessary to the validity of |
| 254 | the gift. If the donor withdraws the gift, the records of the |
| 255 | Department of Highway Safety and Motor Vehicles shall be updated |
| 256 | to reflect such withdrawal and the department shall communicate |
| 257 | the withdrawal to the Florida Coalition on Donation for the |
| 258 | purpose of updating the donor registry. |
| 259 | (2) If a gift is not made pursuant to through the program |
| 260 | established by the Agency for Health Care Administration and the |
| 261 | Department of Highway Safety and Motor Vehicles under the |
| 262 | authority of s. 765.521 and is made by the donor to a specified |
| 263 | donee, the document, other than a will, may be delivered to the |
| 264 | donee to expedite the appropriate procedures immediately after |
| 265 | death, but delivery is not necessary to the validity of the |
| 266 | gift. Such document may be deposited in any hospital, bank, |
| 267 | storage facility, or registry office that accepts such documents |
| 268 | for safekeeping or for facilitation of procedures after death. |
| 269 | (3) On the request of any interested party upon or after |
| 270 | the donor's death, the person in possession shall produce the |
| 271 | document for examination. |
| 272 | (4)(a) The Florida Coalition on Donation The Agency for |
| 273 | Health Care Administration and the Department of Highway Safety |
| 274 | and Motor Vehicles shall maintain develop and implement an organ |
| 275 | and tissue donor registry that which shall record, through |
| 276 | electronic means, organ and tissue donation records documents |
| 277 | submitted through the driver license identification program or |
| 278 | through by other sources. The registry shall be maintained in a |
| 279 | manner that which will allow, through electronic and telephonic |
| 280 | methods, immediate access to organ and tissue donation records |
| 281 | documents 24 hours a day, 7 days a week. Hospitals, Organ, and |
| 282 | tissue, and eye procurement agencies that are certified by the |
| 283 | Agency for Health Care Administration to obtain consent for |
| 284 | donation and to screen potential organ and tissue donors, the |
| 285 | Florida Coalition on Donation, the Department of Highway Safety |
| 286 | and Motor Vehicles, and other parties identified by the agency |
| 287 | by rule shall be allowed access through coded means to the |
| 288 | information stored in the registry. Both the coalition and the |
| 289 | Department of Highway Safety and Motor Vehicles shall have |
| 290 | administrative responsibilities for the registry. |
| 291 | (b) The coalition shall submit an annual written report to |
| 292 | the Legislature that includes all of the following: |
| 293 | 1. The number of donors on the registry. |
| 294 | 2. The changes in the number of donors on the registry. |
| 295 | 3. The general characteristics of donors as may be |
| 296 | determined from registry information submitted directly by the |
| 297 | donors or by the Department of Highway Safety and Motor |
| 298 | Vehicles. |
| 299 | (c) Upon request by the Department of Highway Safety and |
| 300 | Motor Vehicles, the coalition will provide the department with a |
| 301 | list of the names of individuals who joined the donor registry |
| 302 | online. This list shall be used to confirm that the identities |
| 303 | of all such individuals were verified through the process |
| 304 | authorized in s. 765.514(1)(b). |
| 305 | (d) The coalition may receive voluntary contributions to |
| 306 | support its activities and the registry. |
| 307 | (e)1. Costs for the orderly transition of the organ and |
| 308 | tissue donor registry from the Agency for Health Care |
| 309 | Administration to the coalition and for the notification of |
| 310 | potential donors of the changes to the registration process |
| 311 | shall be paid from the Florida Organ and Tissue Donor Education |
| 312 | and Procurement Trust Fund created by s. 765.52155. |
| 313 | 2. Except as provided in subparagraph 1., costs for |
| 314 | maintaining the organ and tissue donor registry shall be paid |
| 315 | from funds collected pursuant to ss. 320.08047 and 322.08(6)(b) |
| 316 | and from any other funds available to the coalition for this |
| 317 | purpose. Funds deposited into the Florida Organ and Tissue Donor |
| 318 | Education and Procurement Trust Fund shall be utilized by the |
| 319 | Agency for Health Care Administration for maintaining the organ |
| 320 | and tissue donor registry and for organ and tissue donor |
| 321 | education. |
| 322 | Section 6. At the time of implementation of the amendments |
| 323 | concerning the organ and tissue donor registry in s. 765.515(4), |
| 324 | Florida Statutes, made by this act, the Florida Coalition on |
| 325 | Donation shall assume responsibility for all aspects of the |
| 326 | donor registry and the Agency for Health Care Administration |
| 327 | shall provide the coalition with the current registry |
| 328 | information, including donor registration documents, for all |
| 329 | previously registered donors. |
| 330 | Section 7. Section 765.515(4)(e)1., Florida Statutes, as |
| 331 | amended by this act, shall expire upon completion of the |
| 332 | transition of the organ and tissue donor registry from the |
| 333 | Agency for Health Care Administration to the Florida Coalition |
| 334 | on Donation and the notification of potential donors of the |
| 335 | changes to the registration process. |
| 336 | Section 8. Paragraph (e) is added to subsection (1) of |
| 337 | section 765.516, Florida Statutes, to read: |
| 338 | 765.516 Amendment of the terms of or the revocation of the |
| 339 | gift.-- |
| 340 | (1) A donor may amend the terms of or revoke an anatomical |
| 341 | gift by: |
| 342 | (e) Removal of his or her own name from the donor |
| 343 | registry. |
| 344 | Section 9. Subsection (3) of section 765.517, Florida |
| 345 | Statutes, is amended to read: |
| 346 | 765.517 Rights and duties at death.-- |
| 347 | (3) The organ procurement organization, tissue bank, or |
| 348 | eye bank, or hospital medical professionals under the direction |
| 349 | thereof, may perform any and all tests to evaluate the deceased |
| 350 | as a potential donor and any invasive procedures on the deceased |
| 351 | body in order to preserve the potential donor's organs. These |
| 352 | procedures do not include the surgical removal of an organ or |
| 353 | penetrating any body cavity, specifically for the purpose of |
| 354 | donation, until: |
| 355 | (a) It has been verified that the deceased's consent to |
| 356 | donate appears in the donor registry or until a properly |
| 357 | executed donor card or document is located; or, |
| 358 | (b) If a properly executed donor card or document cannot |
| 359 | be located and the deceased's consent is not listed on the donor |
| 360 | registry, until a person specified in s. 765.512(3) has been |
| 361 | located, has been notified of the death, and has granted legal |
| 362 | permission for the donation. |
| 363 | Section 10. Section 765.5201, Florida Statutes, is created |
| 364 | to read: |
| 365 | 765.5201 Meetings of the Florida Coalition on Donation.-- |
| 366 | (1)(a) The Legislature finds that the Florida Coalition on |
| 367 | Donation, a private not-for-profit corporation whose members |
| 368 | provided organ and tissue donor education to the citizens of |
| 369 | Florida prior to assumption of responsibility for donor |
| 370 | education pursuant to s. 765.5215, does not perform a public |
| 371 | function when preparing general organ and tissue donor education |
| 372 | programs. |
| 373 | (b) The legislature has delegated the following public |
| 374 | purposes to the coalition: |
| 375 | 1. Operating and maintaining the organ and tissue donor |
| 376 | registry. |
| 377 | 2. Developing and implementing, along with the Department |
| 378 | of Highway Safety and Motor Vehicles, a program to allow |
| 379 | individuals to make anatomical gifts through the process of |
| 380 | issuing and renewing driver licenses and identification cards. |
| 381 | 3. Developing a program to educate state and local |
| 382 | government employees, including law enforcement agencies and |
| 383 | officers, concerning anatomical gifts. |
| 384 | (2) Any meetings of the governing board of the coalition |
| 385 | discussing any of these public purposes, as well as meetings |
| 386 | discussing the expenditure of dollars obtained pursuant to ss. |
| 387 | 320.08047 and 322.08(6)(b), must remain open to the public in |
| 388 | accordance with s. 286.011 and s. 24(b), Art. I of the State |
| 389 | Constitution, unless made confidential or exempt by law. Other |
| 390 | meetings of the governing board of the coalition are not subject |
| 391 | to s. 286.011 or s. 24(b), Art. I of the State Constitution. |
| 392 | Section 11. Section 765.521, Florida Statutes, is amended |
| 393 | to read: |
| 394 | 765.521 Donations as part of driver license or |
| 395 | identification card process.-- |
| 396 | (1) The Agency for Health Care Administration and the |
| 397 | Department of Highway Safety and Motor Vehicles and the Florida |
| 398 | Coalition on Donation shall develop and implement a program |
| 399 | encouraging and allowing persons to make anatomical gifts as a |
| 400 | part of the process of issuing identification cards and issuing |
| 401 | and renewing driver licenses. The donor registration card |
| 402 | distributed by the Department of Highway Safety and Motor |
| 403 | Vehicles shall include the material specified by s. |
| 404 | 765.514(1)(d)2.(2)(b) and may require such additional |
| 405 | information, and include such additional material, as may be |
| 406 | deemed necessary by that department. The Department of Highway |
| 407 | Safety and Motor Vehicles shall also develop and implement a |
| 408 | program to identify donors, which program shall include |
| 409 | notations on identification cards, driver licenses, and driver |
| 410 | records or such other methods as the department may develop. |
| 411 | This program shall include, after an individual has completed a |
| 412 | donor registration card, making a notation on the front of the |
| 413 | driver license or identification card that clearly indicates the |
| 414 | individual's intent to donate the individual's organs or tissue. |
| 415 | A notation on an individual's driver license or identification |
| 416 | card that the individual intends to donate organs or tissues is |
| 417 | deemed sufficient to satisfy all requirements for consent to |
| 418 | organ or tissue donation. The coalition Agency for Health Care |
| 419 | Administration shall provide the necessary supplies and forms |
| 420 | through funds collected under ss. 320.08047 and 322.08(6)(b) |
| 421 | appropriated from general revenue or contributions from |
| 422 | interested voluntary, nonprofit organizations. The Department of |
| 423 | Highway Safety and Motor Vehicles shall provide the necessary |
| 424 | recordkeeping system through funds appropriated from general |
| 425 | revenue. The Department of Highway Safety and Motor Vehicles and |
| 426 | the coalition Agency for Health Care Administration shall incur |
| 427 | no liability in connection with the performance of any acts |
| 428 | authorized herein. |
| 429 | (2) The Department of Highway Safety and Motor Vehicles, |
| 430 | after consultation with and concurrence by the Agency for Health |
| 431 | Care Administration, shall adopt rules to implement the |
| 432 | provisions of this section pursuant according to ss. 120.536(1) |
| 433 | and 120.54 the provisions of chapter 120. |
| 434 | (3) Funds expended by the Agency for Health Care |
| 435 | Administration to carry out the intent of this section shall not |
| 436 | be taken from any funds appropriated for patient care. |
| 437 | Section 12. Section 765.5215, Florida Statutes, is amended |
| 438 | to read: |
| 439 | 765.5215 Education program relating to anatomical gifts.-- |
| 440 | (1) The Florida Coalition on Donation has established, and |
| 441 | continues to develop, a program to educate the citizens of |
| 442 | Florida, including medical professionals, students, and minority |
| 443 | communities, regarding the laws of this state relating to |
| 444 | anatomical gifts and the need for anatomical gifts. The Agency |
| 445 | for Health Care Administration, Subject to the concurrence of |
| 446 | the Department of Highway Safety and Motor Vehicles, the |
| 447 | coalition shall expand this program by developing develop a |
| 448 | continuing program to educate and inform medical professionals, |
| 449 | law enforcement agencies and officers, high school children, |
| 450 | state and local government employees, including law enforcement |
| 451 | agencies and officers, and the public regarding the laws of this |
| 452 | state relating to anatomical gifts and the need for anatomical |
| 453 | gifts. |
| 454 | (2)(1) The program is to be implemented with the |
| 455 | assistance of the organ and tissue donor education panel as |
| 456 | provided in s. 765.5216 and with the funds collected under ss. |
| 457 | 320.08047 and 322.08(6)(b) and any other funds available to the |
| 458 | coalition for the purpose of education. Existing community |
| 459 | resources, when available, must be used to support the program, |
| 460 | and volunteers may assist the program to the maximum extent |
| 461 | possible. The Agency for Health Care Administration may contract |
| 462 | for the provision of all or any portion of the program. When |
| 463 | awarding such contract, the agency shall give priority to |
| 464 | existing nonprofit groups that are located within the community, |
| 465 | including within the minority communities specified in |
| 466 | subsection (2). The program aimed at educating medical |
| 467 | professionals may be implemented by contract with one or more |
| 468 | medical schools located in the state. |
| 469 | (2) The Legislature finds that particular difficulties |
| 470 | exist in making members of the various minority communities |
| 471 | within the state aware of laws relating to anatomical gifts and |
| 472 | the need for anatomical gifts. Therefore, the program shall |
| 473 | include, as a demonstration project, activities especially |
| 474 | targeted at providing such information to the nonwhite, |
| 475 | Hispanic, and Caribbean populations of the state. |
| 476 | (3) The coalition Agency for Health Care Administration |
| 477 | shall, no later than March 1 of each year, submit a report to |
| 478 | the Legislature containing statistical data on the effectiveness |
| 479 | of the program in procuring donor organs and the effect of the |
| 480 | program on state spending for health care. |
| 481 | (4) The coalition Agency for Health Care Administration, |
| 482 | for the sole purpose of furthering in furtherance of its |
| 483 | educational responsibilities regarding organ and tissue |
| 484 | donation, shall have access to the buildings and workplace areas |
| 485 | of all state agencies and political subdivisions of the state. |
| 486 | Section 13. Section 765.52155, Florida Statutes, is |
| 487 | amended to read: |
| 488 | 765.52155 Florida Organ and Tissue Donor Education and |
| 489 | Procurement Trust Fund.--The Florida Organ and Tissue Donor |
| 490 | Education and Procurement Trust Fund is hereby created, to be |
| 491 | administered by the Agency for Health Care Administration. Funds |
| 492 | shall be credited to the trust fund as provided for in general |
| 493 | law. |
| 494 | Section 14. Section 765.5216, Florida Statutes, is |
| 495 | repealed. |
| 496 | Section 15. Subsections (2), (5), and (6) of section |
| 497 | 765.522, Florida Statutes, are amended to read: |
| 498 | 765.522 Duty of certain hospital administrators; liability |
| 499 | of hospital administrators, organ procurement organizations, eye |
| 500 | banks, and tissue banks.-- |
| 501 | (2) Where, based on accepted medical standards, a hospital |
| 502 | patient is a suitable candidate for organ or tissue donation, |
| 503 | the hospital administrator or the hospital administrator's |
| 504 | designee shall, at or near the time of death, notify the |
| 505 | appropriate organ, tissue, or eye recovery program, which shall |
| 506 | access the organ and tissue donor registry created by s. |
| 507 | 765.515(4) to ascertain the existence of a donor card or |
| 508 | document executed by the decedent. In the absence of a donor |
| 509 | card, organ donation sticker or organ donation imprint on a |
| 510 | driver's license, or other properly executed document, the |
| 511 | organ, tissue, or eye recovery program hospital administrator or |
| 512 | designee shall request: |
| 513 | (a) The patient's health care surrogate, as permitted in |
| 514 | s. 765.512(2); or |
| 515 | (b) If the patient does not have a surrogate, or the |
| 516 | surrogate is not reasonably available, any of the persons |
| 517 | specified in s. 765.512(3), in the order and manner of priority |
| 518 | stated in s. 765.512(3), |
| 519 |
|
| 520 | to consent to the gift of all or any part of the decedent's body |
| 521 | for any purpose specified in this part. Except as provided in s. |
| 522 | 765.512, in the absence of actual notice of opposition, consent |
| 523 | need only be obtained from the person or persons in the highest |
| 524 | priority class reasonably available. |
| 525 | (5) There shall be no civil or criminal liability against |
| 526 | any organ procurement organization, eye bank, or tissue bank |
| 527 | certified under s. 765.542, or against any hospital or hospital |
| 528 | administrator or designee, or against the Florida Coalition on |
| 529 | Donation, when complying with the provisions of this part and |
| 530 | the rules of the Agency for Health Care Administration or when, |
| 531 | in the exercise of reasonable care, a request for organ donation |
| 532 | is inappropriate and the gift is not made according to this part |
| 533 | and the rules of the Agency for Health Care Administration. |
| 534 | (6) The hospital administrator or a designee shall, at or |
| 535 | near the time of death of a potential organ donor, directly |
| 536 | notify the affiliated Health Care Financing Administration |
| 537 | designated organ procurement organization designated as such by |
| 538 | the United States Department of Health and Human Services of the |
| 539 | potential organ donor. This organ procurement organization must |
| 540 | offer any organ from such a donor first to patients on a |
| 541 | Florida-based local or state organ sharing transplant list. For |
| 542 | the purpose of this subsection, the term "transplant list" |
| 543 | includes certain categories of national or regional organ |
| 544 | sharing for patients of exceptional need or exceptional match, |
| 545 | as approved or mandated by the United Network for Organ Sharing. |
| 546 | This notification must not be made to a tissue bank or eye bank |
| 547 | in lieu of the organ procurement organization unless the tissue |
| 548 | bank or eye bank is also a Health Care Financing Administration |
| 549 | designated as an organ procurement organization by the United |
| 550 | States Department of Health and Human Services. |
| 551 | Section 16. Subsections (2) and (4) of section 765.544, |
| 552 | Florida Statutes, are amended to read: |
| 553 | 765.544 Fees; Florida Organ and Tissue Donor Education and |
| 554 | Procurement Trust Fund.-- |
| 555 | (2) The Agency for Health Care Administration shall assess |
| 556 | annual fees to be used, in the following order of priority, for |
| 557 | the certification program and, the advisory board, maintenance |
| 558 | of the organ and tissue donor registry, and the organ and tissue |
| 559 | donor education program in the following amounts, which may not |
| 560 | exceed $35,000 per organization: |
| 561 | (a) Each general organ procurement organization shall pay |
| 562 | the greater of $1,000 or 0.25 percent of its total revenues |
| 563 | produced from procurement activity in this state by the |
| 564 | certificateholder during its most recently completed fiscal year |
| 565 | or operational year. |
| 566 | (b) Each bone and tissue procurement agency or bone and |
| 567 | tissue bank shall pay the greater of $1,000 or 0.25 percent of |
| 568 | its total revenues from procurement and processing activity in |
| 569 | this state by the certificateholder during its most recently |
| 570 | completed fiscal year or operational year. |
| 571 | (c) Each eye bank shall pay the greater of $500 or 0.25 |
| 572 | percent of its total revenues produced from procurement activity |
| 573 | in this state by the certificateholder during its most recently |
| 574 | completed fiscal year or operational year. |
| 575 | (4)(a) Proceeds from fees, administrative penalties, and |
| 576 | surcharges collected pursuant to subsections (2) and (3) must be |
| 577 | deposited into the Florida Organ and Tissue Donor Education and |
| 578 | Procurement Trust Fund created by s. 765.52155. |
| 579 | (b) Moneys deposited in the trust fund pursuant to this |
| 580 | section must be used exclusively for the implementation, |
| 581 | administration, and operation of the certification program and |
| 582 | the advisory board, for maintaining the organ and tissue donor |
| 583 | registry, and for organ and tissue donor education. |
| 584 | Section 17. In addition to uses of funds provided for in |
| 585 | s. 765.544(2) and (4)(b), Florida Statutes, funds governed by |
| 586 | those provisions shall be used for the orderly transition of the |
| 587 | organ and tissue donor registry from the Agency for Health Care |
| 588 | Administration to the Florida Coalition on Donation and |
| 589 | notification to potential donors of the changes in the |
| 590 | registration process. This section shall expire upon completion |
| 591 | of the transition of the organ and tissue donor registry from |
| 592 | the Agency for Health Care Administration to the Florida |
| 593 | Coalition on Donation and the notification of potential donors |
| 594 | of the changes to the registration process. |
| 595 | Section 18. Paragraph (a) of subsection (4) of section |
| 596 | 215.20, Florida Statutes, is amended to read: |
| 597 | 215.20 Certain income and certain trust funds to |
| 598 | contribute to the General Revenue Fund.-- |
| 599 | (4) The income of a revenue nature deposited in the |
| 600 | following described trust funds, by whatever name designated, is |
| 601 | that from which the appropriations authorized by subsection (3) |
| 602 | shall be made: |
| 603 | (a) Within the Agency for Health Care Administration: |
| 604 | 1. The Florida Organ and Tissue Donor Education and |
| 605 | Procurement Trust Fund. |
| 606 | 2. The Health Care Trust Fund. |
| 607 | 3. The Resident Protection Trust Fund. |
| 608 |
|
| 609 | The enumeration of the foregoing moneys or trust funds shall not |
| 610 | prohibit the applicability thereto of s. 215.24 should the |
| 611 | Governor determine that for the reasons mentioned in s. 215.24 |
| 612 | the money or trust funds should be exempt herefrom, as it is the |
| 613 | purpose of this law to exempt income from its force and effect |
| 614 | when, by the operation of this law, federal matching funds or |
| 615 | contributions or private grants to any trust fund would be lost |
| 616 | to the state. |
| 617 | Section 19. Section 320.08047, Florida Statutes, is |
| 618 | amended to read: |
| 619 | 320.08047 Voluntary contribution for organ and tissue |
| 620 | donor education.--As a part of the collection process for |
| 621 | license taxes as specified in s. 320.08, individuals shall be |
| 622 | permitted to make a voluntary contribution of $1, which |
| 623 | contribution shall be distributed to the Florida Coalition on |
| 624 | Donation deposited into the Florida Organ and Tissue Donor |
| 625 | Education and Procurement Trust Fund for organ and tissue donor |
| 626 | education and for maintaining the organ and tissue donor |
| 627 | registry. |
| 628 | Section 20. Subsection (6) of section 322.08, Florida |
| 629 | Statutes, is amended to read: |
| 630 | 322.08 Application for license.-- |
| 631 | (6) The application form for a driver's license or |
| 632 | duplicate thereof shall include language permitting the |
| 633 | following: |
| 634 | (a) A voluntary contribution of $5 per applicant, which |
| 635 | contribution shall be transferred into the Election Campaign |
| 636 | Financing Trust Fund. |
| 637 | (b) A voluntary contribution of $1 per applicant, which |
| 638 | contribution shall be distributed to the Florida Coalition on |
| 639 | Donation deposited into the Florida Organ and Tissue Donor |
| 640 | Education and Procurement Trust Fund for organ and tissue donor |
| 641 | education and for maintaining the organ and tissue donor |
| 642 | registry. |
| 643 | (c) A voluntary contribution of $1 per applicant, which |
| 644 | contribution shall be distributed to the Florida Council of the |
| 645 | Blind. |
| 646 | (d) A voluntary contribution of $2 per applicant, which |
| 647 | shall be distributed to the Hearing Research Institute, |
| 648 | Incorporated. |
| 649 | (e) A voluntary contribution of $1 per applicant, which |
| 650 | shall be distributed to the Juvenile Diabetes Foundation |
| 651 | International. |
| 652 | (f) A voluntary contribution of $1 per applicant, which |
| 653 | shall be distributed to the Children's Hearing Help Fund. |
| 654 |
|
| 655 | A statement providing an explanation of the purpose of the trust |
| 656 | funds shall also be included. For the purpose of applying the |
| 657 | service charge provided in s. 215.20, contributions received |
| 658 | under paragraphs (b), (c), (d), (e), and (f) and under s. |
| 659 | 322.18(9)(a) are not income of a revenue nature. |
| 660 | Section 21. This act shall take effect July 1, 2007. |