CS/HB 1485

1	A bill to be entitled
2	An act relating to organ and tissue donation; amending s.
3	765.203, F.S.; deleting a provision in the form that
4	designates a health care surrogate that provides an
5	exception for anatomical gifts; amending s. 765.512, F.S.;
6	revising provisions for making an organ donation; adding
7	additional persons to the list of persons who may donate a
8	decedent's body; removing the provision prohibiting a
9	spouse from making a donation if the decedent's adult son
10	or daughter objects; amending s. 765.514, F.S.; providing
11	additional mechanisms for making an anatomical gift
12	including registering with the organ and tissue donor
13	registry; revising the uniform donor card to specify the
14	type of donation; deleting a statement of public policy
15	that prohibits restrictions on who may receive an
16	anatomical gift, a provision specifying who can accept a
17	gift, and a provision designating a physician to carry out
18	appropriate procedures; amending s. 765.515, F.S.;
19	requiring the Department of Highway Safety and Motor
20	Vehicles to inform the donor registry of instances of
21	making an anatomical gift and of withdrawal of an
22	anatomical gift; deleting a provision requiring the Agency
23	for Health Care Administration and the department to
24	maintain a donor registry; creating s. 765.5155, F.S.;
25	providing legislative intent with respect to establishing
26	an online organ and tissue donor registry; requiring
27	administration of the donor registry to be procured by
28	competitive solicitation; specifying the duties of the
29	contractor including the operation of the registry, a
30	continuing public education program about organ donation,
31	and the preparation of an annual report; providing for
32	funding and for voluntary contributions to the registry;
33	designating the donor registry as the "Joshua Abbott Organ
34	and Tissue Donor Registry"; amending s. 765.516, F.S.;
35	authorizing revocation of an anatomical gift by a donor
36	through removal of his or her name from the registry;
37	amending s. 765.517, F.S.; revising provisions relating to
38	verification of a donor's consent at death; amending s.
39	765.521, F.S.; conforming a cross-reference; amending s.
40	765.522, F.S.; revising duties of hospital administrators
41	with respect to reporting suitable donor candidates at or
42	near the time of death; updating references to organ
43	procurement organizations; repealing s. 765.5215, F.S.,
44	relating to an education program relating to anatomical
45	gifts; repealing s. 765.5216, F.S., relating to the organ
46	and tissue donor education panel; providing an effective
47	date.
48
49	Be It Enacted by the Legislature of the State of Florida:
50
51	Section 1.  Section 765.203, Florida Statutes, is amended
52	to read:
53	765.203  Suggested form of designation.--A written
54	designation of a health care surrogate executed pursuant to this
55	chapter may, but need not be, in the following form:
56
57	DESIGNATION OF HEALTH CARE SURROGATE
58
59	Name:_____(Last)_____(First)_____(Middle Initial)_____
60	In the event that I have been determined to be
61	incapacitated to provide informed consent for medical treatment
62	and surgical and diagnostic procedures, I wish to designate as
63	my surrogate for health care decisions:
64
65	Name:
66	Address:
67
	____________________________________ Zip Code:__________
68
69	Phone:____________________
70	If my surrogate is unwilling or unable to perform his or
71	her duties, I wish to designate as my alternate surrogate:
72	Name:
73	Address:
74
	____________________________________ Zip Code:__________
75
76	Phone:____________________
77	I fully understand that this designation will permit my
78	designee to make health care decisions, except for anatomical
79	gifts, unless I have executed an anatomical gift declaration
80	pursuant to law, and to provide, withhold, or withdraw consent
81	on my behalf; to apply for public benefits to defray the cost of
82	health care; and to authorize my admission to or transfer from a
83	health care facility.
84	Additional instructions (optional):
85	I further affirm that this designation is not being made as
86	a condition of treatment or admission to a health care facility.
87	I will notify and send a copy of this document to the following
88	persons other than my surrogate, so they may know who my
89	surrogate is.
90	Name:
91	Name:
92	Signed:
93	Date:
94
	Witnesses: 1.________________
95
	2.________________
96
97	Section 2.  Subsections (1), (2), (3), and (4) of section
98	765.512, Florida Statutes, are amended to read:
99	765.512  Persons who may make an anatomical gift.--
100	(1)  Any person who may make a will may give all or part of
101	his or her body for any purpose specified in s. 765.513. s.
102	765.510, The gift is effective to take effect upon the death of
103	the donor. An anatomical gift made by an adult donor and not
104	revoked by the donor as provided in s. 765.516 is irrevocable
105	after the donor's death. A family member, guardian,
106	representative ad litem, or health care surrogate of an adult
107	donor who has made an anatomical gift pursuant to subsection (2)
108	may not modify, deny, or prevent a donor's wish or intent to
109	make an anatomical gift from being made after the donor's death.
110	(a)(2)  If the decedent makes has executed an agreement
111	concerning an anatomical gift, by one of the methods listed in
112	s. 765.514(1), signing an organ and tissue donor card, by
113	expressing his or her wish to donate in a living will or advance
114	directive, or by signifying his or her intent to donate on his
115	or her driver's license or in some other written form has
116	indicated his or her wish to make an anatomical gift, and in the
117	absence of actual notice of contrary indications by the
118	decedent, the document or entry in the organ and tissue registry
119	is evidence of legally sufficient evidence of the decedent's
120	informed consent to donate an anatomical gift and is legally
121	binding.
122	(b)  An anatomical gift made by a qualified donor and not
123	revoked by the donor, as provided in s. 765.516, is irrevocable
124	after the donor's death. A family member, guardian,
125	representative ad litem, or health care surrogate may not
126	modify, deny, or prevent a donor's wish or intent to make an
127	anatomical gift after the donor's death.
128	(2)  A health care Any surrogate designated by the decedent
129	pursuant to part II of this chapter may give all or any part of
130	the decedent's body for any purpose specified in s. 765.513
131	absent actual notice of contrary indications by the decedent s.
132	765.510.
133	(3)  If the decedent has not made executed an agreement
134	concerning an anatomical gift or designated a health surrogate
135	pursuant to part II of this chapter to make an anatomical gift
136	pursuant to the conditions of subsection (2), a member of one of
137	the classes of persons listed below, in the order of priority
138	listed stated and in the absence of actual notice of contrary
139	indications by the decedent or actual notice of opposition by a
140	member of the same or a prior class, may give all or any part of
141	the decedent's body for any purpose specified in s. 765.513 s.
142	765.510:
143	(a)  The spouse of the decedent;
144	(b)  An adult son or daughter of the decedent;
145	(c)  Either parent of the decedent;
146	(d)  An adult brother or sister of the decedent;
147	(e)  An adult grandchild of the decedent;
148	(f)  A grandparent of the decedent;
149	(g)  A close personal friend of the decedent, as defined in
150	s. 765.101;
151	(h)(f)  A guardian of the person of the decedent at the
152	time of his or her death; or
153	(i)(g)  A representative ad litem who shall be appointed by
154	a court of competent jurisdiction forthwith upon a petition
155	heard ex parte filed by any person, who which representative ad
156	litem shall ascertain that no person of higher priority exists
157	who objects to the gift of all or any part of the decedent's
158	body and that no evidence exists of the decedent's having made a
159	communication expressing a desire that his or her body or body
160	parts not be donated upon death.;
161
162	but no gift shall be made by the spouse if any adult son or
163	daughter objects, and provided that Those of higher priority
164	who, if they are reasonably available must be, have been
165	contacted and made aware of the proposed gift, and further
166	provided that a reasonable search must be conducted which shows
167	is made to show that there would have been no objection to the
168	gift on religious grounds by the decedent.
169	(4)  A donee may not accept an anatomical gift if the donee
170	has actual notice of contrary indications by the donor decedent
171	or, in the case of a spouse making the gift, an objection of an
172	adult son or daughter or actual notice that a gift by a member
173	of a class is opposed by a member of the same or a prior class,
174	the donee shall not accept the gift.
175	Section 3.  Section 765.514, Florida Statutes, is amended
176	to read:
177	765.514  Manner of making executing anatomical gifts.--
178	(1)  A person may make a gift of all or part of his or her
179	the body under s. 765.512(1) may be made by will:
180	(a)  Signing an organ and tissue donor card.
181	(b)  Registering online with the organ and tissue donor
182	registry.
183	(c)  Signifying an intent to donate on his or her driver's
184	license or identification card issued by the Department of
185	Highway Safety and Motor Vehicles. Revocation, suspension,
186	expiration, or cancellation of the driver's license or
187	identification card does not invalidate the gift.
188	(d)  Expressing a wish to donate in a living will or other
189	advance directive.
190	(e)  Executing a will that includes a provision indicating
191	that the testator wishes to make an anatomical gift. The gift
192	becomes effective upon the death of the testator without waiting
193	for probate. If the will is not probated or if it is declared
194	invalid for testamentary purposes, the gift is nevertheless
195	valid to the extent that it has been acted upon in good faith.
196	(f)(2)(a)  Expressing a wish to donate in A gift of all or
197	part of the body under s. 765.512(1) may also be made by a
198	document other than a will. The gift becomes effective upon the
199	death of the donor. The document must be signed by the donor in
200	the presence of two witnesses who shall sign the document in the
201	donor's presence. If the donor cannot sign, the document may be
202	signed for him or her at the donor's direction and in his or her
203	presence and the presence of two witnesses who must sign the
204	document in the donor's presence. Delivery of the document of
205	gift during the donor's lifetime is not necessary to make the
206	gift valid.
207	(b)  The following form of written document is instrument
208	shall be sufficient for any person to give all or part of his or
209	her body for the purposes of this part:
210
211	UNIFORM DONOR CARD
212
213	The undersigned hereby makes this anatomical gift, if medically
214	acceptable, to take effect on death. The words and marks below
215	indicate my desires:
216
217	I give:
218	(a)  ____ any needed organs, tissues, or eyes parts;
219	(b)  ____ only the following organs, tissues, or eyes or
220	parts
221	[Specify the organs, tissues, or eyes organ(s) or
222	part(s)]
223
224	for the purpose of transplantation, therapy, medical research,
225	or education;
226	(c)  ____ my body for anatomical study if needed.
227	Limitations or special wishes, if any:
228	[(If applicable, list specific donee; this must be arranged in
229	advance with the donee.])
230
231	Signed by the donor and the following witnesses in the presence
232	of each other:   (Signature of donor)
233	(Date of birth of donor)
234	(Date signed)
235	(City and State)
236	(Witness)
237	(Witness)
238	(Address)
239	(Address)
240
241	(2)(3)  The gift may be made to a donee listed in s.
242	765.513 and the donee may be specified by name. If the donee is
243	not specified by name, the gift may be accepted by the attending
244	physician as donee upon or following the donor's death. If the
245	gift is made to a specified donee who is not available at the
246	time and place of death, the attending physician may accept the
247	gift as donee upon or following death in the absence of any
248	expressed indication that the donor desired otherwise. However,
249	the Legislature declares that the public policy of this state
250	prohibits restrictions on the possible recipients of an
251	anatomical gift on the basis of race, color, religion, sex,
252	national origin, age, physical handicap, health status, marital
253	status, or economic status, and such restrictions are hereby
254	declared void and unenforceable. The physician who becomes a
255	donee under this subsection shall not participate in the
256	procedures for removing or transplanting a part.
257	(4)  Notwithstanding s. 765.517(2), the donor may designate
258	in his or her will or other document of gift the surgeon or
259	physician to carry out the appropriate procedures. In the
260	absence of a designation or if the designee is not available,
261	the donee or other person authorized to accept the gift may
262	employ or authorize any surgeon or physician for the purpose.
263	(3)(5)  Any gift by a health care surrogate designated by
264	the decedent pursuant to part II of this chapter or a member of
265	a class designated in s. 765.512(3) must be made by a document
266	signed by that person or made by that person's witnessed
267	telephonic discussion, telegraphic message, or other recorded
268	message.
269	Section 4.  Section 765.515, Florida Statutes, is amended
270	to read:
271	765.515  Delivery of donor document; organ and tissue donor
272	registry.--
273	(1)  If a gift is made pursuant to through the program
274	established by the Agency for Health Care Administration and the
275	Department of Highway Safety and Motor Vehicles under the
276	authority of s. 765.521, the completed donor registration card
277	shall be delivered to the Department of Highway Safety and Motor
278	Vehicles and the department must communicate the donor's intent
279	to the organ and tissue donor registry processed in a manner
280	specified in subsection (4), but delivery is not necessary to
281	the validity of the gift. If the donor withdraws the gift, the
282	records of the Department of Highway Safety and Motor Vehicles
283	must shall be updated to reflect such withdrawal and the
284	department must communicate the withdrawal to the organ and
285	tissue donor registry for the purpose of updating the registry.
286	(2)  If a gift is not made through the program established
287	by the Agency for Health Care Administration and the Department
288	of Highway Safety and Motor Vehicles under the authority of s.
289	765.521 and is made by the donor to a specified donee, the
290	document, other than a will, may be delivered to the donee to
291	expedite the appropriate procedures immediately after death, but
292	delivery is not necessary to the validity of the gift. Such
293	document may be deposited in any hospital, bank, storage
294	facility, or registry office that accepts such documents for
295	safekeeping or to facilitate the donation of organs and tissue
296	for facilitation of procedures after death.
297	(3)  At On the request of any interested party upon or
298	after the donor's death, the person in possession shall produce
299	the document for examination.
300	(4)  The Agency for Health Care Administration and the
301	Department of Highway Safety and Motor Vehicles shall develop
302	and implement an organ and tissue donor registry which shall
303	record, through electronic means, organ and tissue donation
304	documents submitted through the driver license identification
305	program or by other sources. The registry shall be maintained in
306	a manner which will allow, through electronic and telephonic
307	methods, immediate access to organ and tissue donation documents
308	24 hours a day, 7 days a week. Hospitals, organ and tissue
309	procurement agencies, and other parties identified by the agency
310	by rule shall be allowed access through coded means to the
311	information stored in the registry. Costs for the organ and
312	tissue donor registry shall be paid from the Florida Organ and
313	Tissue Donor Education and Procurement Trust Fund created by s.
314	765.52155. Funds deposited into the Florida Organ and Tissue
315	Donor Education and Procurement Trust Fund shall be utilized by
316	the Agency for Health Care Administration for maintaining the
317	organ and tissue donor registry and for organ and tissue donor
318	education.
319	Section 5.  Section 765.5155, Florida Statutes, is created
320	to read:
321	765.5155  Organ and tissue donor registry; education
322	program.--
323	(1)  The Legislature finds that:
324	(a)  There is a shortage of organ and tissue donors in this
325	state willing to provide the organs and tissue that could save
326	lives or enhance the quality of life for many persons.
327	(b)  There is a need to encourage the various minority
328	populations of this state to donate organs and tissue.
329	(c)  A statewide organ and tissue donor registry having an
330	online donor registration process coupled with an enhanced
331	program of donor education will lead to an increase in the
332	number of organ and tissue donors registered in this state, thus
333	affording more persons who are awaiting organ or tissue
334	transplants the opportunity for a full and productive life.
335	(2)  The Agency for Health Care Administration and the
336	Department of Highway Safety and Motor Vehicles shall jointly
337	contract for the operation of an organ and tissue donor registry
338	and education program. The contractor shall be procured by
339	competitive solicitation pursuant to chapter 287,
340	notwithstanding any exemption in s. 287.057(5)(f). When awarding
341	the contract, priority shall be given to existing nonprofit
342	groups that are based within the state, have expertise working
343	with organ and tissue procurement organizations, have expertise
344	in conducting statewide organ and tissue donor public education
345	campaigns, and represent the needs of the organ and tissue
346	donation community in the state.
347	(3)  The contractor shall be responsible for:
348	(a)  The development, implementation, and maintenance of an
349	interactive web-based organ and tissue donor registry that,
350	through electronic means, allows for online organ donor
351	registration and the recording of organ and tissue donation
352	records submitted through the driver's license identification
353	program or through other sources.
354	1.  The registry must be maintained in a manner that
355	allows, through electronic and telephonic methods, immediate
356	access to organ and tissue donation records 24 hours a day, 7
357	days a week.
358	2.  Access to the registry must be through coded and secure
359	means to protect the integrity of the data in the registry.
360	(b)  A continuing program to educate and inform medical
361	professionals, law enforcement agencies and officers, other
362	state and local government employees, high school students,
363	minorities, and the public about the laws of this state relating
364	to anatomical gifts and the need for anatomical gifts.
365	1.  Existing community resources, when available, must be
366	used to support the program and volunteers may assist the
367	program to the maximum extent possible.
368	2.  The contractor shall coordinate with the head of a
369	state agency or other political subdivision of the state, or his
370	or her designee, to establish convenient times, dates, and
371	locations for educating that entity's employees.
372	(c)  Preparing and submitting an annual written report to
373	the Agency for Health Care Administration by December 31 of each
374	year. The report must include:
375	1.  The number of donors on the registry and an analysis of
376	the registration rates by location and method of donation;
377	2.  The characteristics of donors as determined from
378	registry information submitted directly by the donors or by the
379	Department of Highway Safety and Motor Vehicles;
380	3.  The annual dollar amount of voluntary contributions
381	received by the contractor;
382	4.  A description of the educational campaigns and
383	initiatives implemented during the year and an evaluation of
384	their effectiveness in increasing enrollment on the registry;
385	and
386	5.  An analysis of Florida's registry compared with other
387	states' donor registries.
388	(4)  Costs for the organ and tissue donor registry and
389	education program shall be paid by the Agency for Health Care
390	Administration from the funds deposited into the Health Care
391	Trust Fund pursuant to ss. 320.08047 and 322.08 that are
392	designated for maintaining the organ and tissue donor registry
393	and education program. In addition, the contractor may receive
394	and use voluntary contributions to help support the registry and
395	provide education.
396	(5)  The organ and tissue donor registry established by
397	this section is designated as the "Joshua Abbott Organ and
398	Tissue Registry."
399	Section 6.  Paragraph (e) is added to subsection (1) of
400	section 765.516, Florida Statutes, to read:
401	765.516  Amendment of the terms of or the revocation of the
402	gift.--
403	(1)  A donor may amend the terms of or revoke an anatomical
404	gift by:
405	(e)  Removing his or her name from the organ and tissue
406	donor registry.
407	Section 7.  Subsection (3) of section 765.517, Florida
408	Statutes, is amended to read:
409	765.517  Rights and duties at death.--
410	(3)  The organ procurement organization, tissue bank, or
411	eye bank, or hospital medical professionals under the direction
412	thereof, may perform any and all tests to evaluate the deceased
413	as a potential donor and any invasive procedures on the deceased
414	body in order to preserve the potential donor's organs. These
415	procedures do not include the surgical removal of an organ or
416	penetrating any body cavity, specifically for the purpose of
417	donation, until:
418	(a)  It has been verified that the deceased's consent to
419	donate appears in the organ and tissue donor registry or a
420	properly executed donor card or document is located; or,
421	(b)  If a properly executed donor card or document cannot
422	be located or the deceased's consent is not listed in the organ
423	and tissue donor registry, a person specified in s. 765.512(2)
424	or (3) s. 765.512(3) has been located, has been notified of the
425	death, and has granted legal permission for the donation.
426	Section 8.  Subsection (1) of section 765.521, Florida
427	Statutes, is amended to read:
428	765.521  Donations as part of driver license or
429	identification card process.--
430	(1)  The Agency for Health Care Administration and the
431	Department of Highway Safety and Motor Vehicles shall develop
432	and implement a program encouraging and allowing persons to make
433	anatomical gifts as a part of the process of issuing
434	identification cards and issuing and renewing driver licenses.
435	The donor registration card distributed by the Department of
436	Highway Safety and Motor Vehicles shall include the information
437	required by the uniform donor card under s. 765.514 material
438	specified by s. 765.514(2)(b) and may require such additional
439	information, and include such additional material, as determined
440	may be deemed necessary by the that department. The department
441	of Highway Safety and Motor Vehicles shall also develop and
442	implement a program to identify donors, which includes program
443	shall include notations on identification cards, driver
444	licenses, and driver records or such other methods as the
445	department develops to may develop. This program shall include,
446	after an individual has completed a donor registration card,
447	making a notation on the front of the driver license or
448	identification card that clearly indicate indicates the
449	individual's intent to donate the individual's organs, tissues,
450	or eyes tissue. A notation on an individual's driver license or
451	identification card that the individual intends to donate
452	organs, or tissues, or eyes satisfies is deemed sufficient to
453	satisfy all requirements for consent to organ or tissue
454	donation. The Agency for Health Care Administration shall
455	provide the necessary supplies and forms from through funds
456	appropriated from general revenue or contributions from
457	interested voluntary, nonprofit organizations. The department of
458	Highway Safety and Motor Vehicles shall provide the necessary
459	recordkeeping system from through funds appropriated from
460	general revenue. The Department of Highway Safety and Motor
461	Vehicles and the Agency for Health Care Administration shall
462	incur no liability in connection with the performance of any
463	acts authorized herein.
464	Section 9.  Subsections (2) and (6) of section 765.522,
465	Florida Statutes, are amended to read:
466	765.522  Duty of certain hospital administrators; liability
467	of hospital administrators, organ procurement organizations, eye
468	banks, and tissue banks.--
469	(2)  Where, based on accepted medical standards, a hospital
470	patient is a suitable candidate for organ or tissue donation,
471	the hospital administrator or the hospital administrator's
472	designee shall, at or near the time of death, notify the
473	appropriate organ, eye, or tissue recovery program, which shall
474	access the organ and tissue donor registry created by s.
475	765.5155 s. 765.515(4) to ascertain the existence of an entry in
476	the registry that has not been revoked, a donor card, or a
477	document executed by the decedent. In the absence of an entry in
478	the donor registry, a donor card, organ donation sticker or
479	organ donation imprint on a driver's license, or other properly
480	executed document, the organ, eye, or tissue recovery program
481	hospital administrator or designee shall request:
482	(a)  The patient's health care surrogate, as authorized
483	permitted in s. 765.512(2); or
484	(b)  If the patient does not have a surrogate, or the
485	surrogate is not reasonably available, any of the persons
486	specified in s. 765.512(3), in the order and manner listed of
487	priority stated in s. 765.512(3),
488
489	to consent to the gift of all or any part of the decedent's body
490	for any purpose specified in this part. Except as provided in s.
491	765.512, in the absence of actual notice of opposition, consent
492	need only be obtained from the person or persons in the highest
493	priority class reasonably available.
494	(6)  The hospital administrator or a designee shall, at or
495	near the time of death of a potential organ donor, directly
496	notify the affiliated Health Care Financing Administration
497	designated organ procurement organization designated by the
498	United States Department of Health and Human Services of the
499	potential organ donor. This organ procurement organization must
500	offer any organ from such a donor first to patients on a
501	Florida-based local or state organ sharing transplant list. For
502	the purpose of this subsection, the term "transplant list"
503	includes certain categories of national or regional organ
504	sharing for patients of exceptional need or exceptional match,
505	as approved or mandated by the Organ Procurement and
506	Transplantation Network, or its agent United Network for Organ
507	Sharing. This notification may must not be made to a tissue bank
508	or eye bank in lieu of the organ procurement organization unless
509	the tissue bank or eye bank is also a Health Care Financing
510	Administration designated as an organ procurement organization
511	by the United States Department of Health and Human Services.
512	Section 10.  Sections 765.5215 and 765.5216, Florida
513	Statutes, are repealed.
514	Section 11.  This act shall take effect July 1, 2008.

CODING: Words stricken are deletions; words underlined are additions.