Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. SB 766
       
       
       
       
       
       
                                Barcode 548312                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  02/18/2009           .                                
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       The Committee on Health Regulation (Sobel) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2         
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 765.511, Florida Statutes, is amended to
    6  read:
    7         765.511 Definitions.—As used in this part, the term:
    8         (1)“Agency” means the Agency for Health Care
    9  Administration.
   10         (2)“Anatomical gift” or “gift” means a donation of all or
   11  part of a human body to take effect after the donor's death and
   12  to be used for transplantation, therapy, research, or education.
   13         (3)(1) “Bank” or “storage facility” means a facility
   14  licensed, accredited, or approved under the laws of any state
   15  for storage of human bodies or body parts thereof.
   16         (4)(2) “Death” means the absence of life as determined, in
   17  accordance with currently accepted medical standards, by the
   18  irreversible cessation of all respiration and circulatory
   19  function, or as determined, in accordance with s. 382.009, by
   20  the irreversible cessation of the functions of the entire brain,
   21  including the brain stem.
   22         (5)“Decedent” means a deceased individual whose body or
   23  body parts may be, or are, the source of an anatomical gift.
   24         (6)“Disinterested witness” means a witness other than a
   25  person listed in s. 765.512(3) or other family member.
   26         (7)“Document of gift” means any of the documents or
   27  mechanisms used in making an anatomical gift under s. 765.514.
   28         (8)(3) “Donor” means an individual who makes an anatomical
   29  a gift of all or part of his or her body.
   30         (9)“Donor registry” means a database that contains records
   31  of anatomical gifts and amendments to, or revocations of, such
   32  gifts.
   33         (10)“Eye bank” means an entity that is accredited by the
   34  Eye Bank Association of America or otherwise regulated under
   35  federal or state law to engage in the retrieval, screening,
   36  testing, processing, storage, or distribution of human eye
   37  tissue.
   38         (11)“Guardian” means a person appointed pursuant to
   39  chapter 744. The term does not include a guardian ad litem.
   40         (12)(4) “Hospital” means a hospital licensed, accredited,
   41  or approved under the laws of any state and includes a hospital
   42  operated by the United States Government or a state, or a
   43  subdivision thereof, although not required to be licensed under
   44  state laws.
   45         (13)“Identification card” means an official identification
   46  card issued by a governmental entity, state agency, or
   47  subdivision thereof.
   48         (14)“Organ procurement organization” means an entity that
   49  is designated as an organ procurement organization by the
   50  Secretary of the United States Department of Health and Human
   51  Services and that engages in the retrieval, screening, testing,
   52  processing, storage, or distribution of human organs.
   53         (15)“Part of the body” or “body part” means an organ, eye,
   54  or tissue of a human being. The term does not include the whole
   55  body.
   56         (16)(5) “Physician” or “surgeon” means a physician or
   57  surgeon licensed to practice under chapter 458 or chapter 459 or
   58  similar laws of any state. “Surgeon” includes dental or oral
   59  surgeon.
   60         (17)“Procurement” means any retrieval, recovery,
   61  processing, storage, or distribution of human organs or tissues
   62  for transplantation, therapy, research, or education.
   63         (18)“Procurement organization” means an organ procurement
   64  organization, eye bank, or tissue bank.
   65         (19)“Reasonably available” means able to be contacted by a
   66  procurement organization in a timely manner without undue
   67  effort, and willing and able to act in a manner consistent with
   68  existing medical protocols necessary for the making of an
   69  anatomical gift.
   70         (20)“Record” means information that is inscribed on a
   71  tangible medium or that is stored in an electronic or other
   72  medium and is retrievable in perceivable form.
   73         (21)“Sign” or “signed” means, with the present intent to
   74  authenticate or adopt a record, to execute or adopt a tangible
   75  symbol, or attach to or logically associate an electronic
   76  symbol, sound, or process with the record.
   77         (22)“Tissue bank” means an entity that is accredited by
   78  the American Association of Tissue Banks or otherwise regulated
   79  under federal or state law to engage in the retrieval,
   80  screening, testing, processing, storage, or distribution of
   81  human tissue.
   82         Section 2. Subsections (1), (4), (5), (6), and (7) of
   83  section 765.512, Florida Statutes, are amended to read:
   84         765.512 Persons who may make an anatomical gift.—
   85         (1) Any person who may make a will may make an anatomical
   86  gift give all or part of his or her body for any purpose
   87  specified in s. 765.513. The gift is effective upon the death of
   88  the donor.
   89         (a) If the decedent makes an anatomical gift by one of the
   90  methods listed in s. 765.514(1), and in the absence of actual
   91  notice of contrary indications by the decedent, the document or
   92  entry in the donor organ and tissue registry is legally
   93  sufficient evidence of the decedent's informed consent to donate
   94  an anatomical gift.
   95         (b) An anatomical gift made by a qualified donor and not
   96  revoked by the donor, as provided in s. 765.516, is irrevocable
   97  after the donor's death. A family member, guardian,
   98  representative ad litem, or health care surrogate may not
   99  modify, deny, or prevent a donor's wish or intent to make an
  100  anatomical gift after the donor's death.
  101         (4) A donee may not accept an anatomical gift if the donee
  102  has actual notice of contrary indications by the donor or actual
  103  notice that an anatomical a gift by a member of a class is
  104  opposed by a member of a prior class.
  105         (5) The person authorized by subsection (3) may make the
  106  anatomical gift after the decedent's death or immediately before
  107  the decedent's death.
  108         (6) An anatomical A gift of all or part of a body
  109  authorizes:
  110         (a) Any examination necessary to assure medical
  111  acceptability of the gift for the purposes intended.
  112         (b) The decedent's medical provider, family, or a third
  113  party to furnish medical records requested concerning the
  114  decedent's medical and social history.
  115         (7) Once the anatomical gift has been made, the rights of
  116  the donee are paramount to the rights of others, except as
  117  provided by s. 765.517.
  118         Section 3. Section 765.513, Florida Statutes, is amended to
  119  read:
  120         765.513 Persons and entities that may become Donees;
  121  purposes for which anatomical gifts may be made.—
  122         (1) The following persons or entities may become donees of
  123  anatomical gifts of bodies or parts of them for the purposes
  124  stated:
  125         (a)(1) Any procurement organization or accredited hospital,
  126  surgeon, or physician for medical or dental school, college, or
  127  university for education, or research, advancement of medical or
  128  dental science, therapy, or transplantation.
  129         (2)Any accredited medical or dental school, college, or
  130  university for education, research, advancement of medical or
  131  dental science, or therapy.
  132         (3)Any bank or storage facility for medical or dental
  133  education, research, advancement of medical or dental science,
  134  therapy, or transplantation.
  135         (b)(4) Any individual specified by name for therapy or
  136  transplantation needed by him or her.
  137         (2)If multiple purposes are set forth in the document of
  138  gift but are not set forth in any priority order, the anatomical
  139  gift shall be used first for transplantation or therapy, if
  140  suitable. If the gift cannot be used for transplantation or
  141  therapy, the gift may be used for research or education.
  142         (3)However, The Legislature declares that the public
  143  policy of this state prohibits restrictions on the possible
  144  recipients of an anatomical gift on the basis of race, color,
  145  religion, gender sex, national origin, age, physical disability
  146  handicap, health status, marital status, or economic status, and
  147  such restrictions are hereby declared void and unenforceable.
  148         Section 4. Section 765.514, Florida Statutes, is amended to
  149  read:
  150         765.514 Manner of making anatomical gifts.—
  151         (1) A person may make an anatomical a gift of all or part
  152  of his or her body under s. 765.512(1) by:
  153         (a) Signing an organ and tissue donor card.
  154         (b) Registering online with the organ and tissue donor
  155  registry.
  156         (c) Signifying an intent to donate on his or her driver's
  157  license or identification card issued by the Department of
  158  Highway Safety and Motor Vehicles. Revocation, suspension,
  159  expiration, or cancellation of the driver's license or
  160  identification card does not invalidate the gift.
  161         (d) Expressing a wish to donate in a living will or other
  162  advance directive.
  163         (e) Executing a will that includes a provision indicating
  164  that the testator wishes to make an anatomical gift. The gift
  165  becomes effective upon the death of the testator without waiting
  166  for probate. If the will is not probated or if it is declared
  167  invalid for testamentary purposes, the gift is nevertheless
  168  valid to the extent that it has been acted upon in good faith.
  169         (f) Expressing a wish to donate in a document other than a
  170  will. The document must be signed by the donor in the presence
  171  of two witnesses who shall sign the document in the donor's
  172  presence. If the donor cannot sign, the document may be signed
  173  for him or her at the donor's direction and in his or her
  174  presence and the presence of two witnesses who must sign the
  175  document in the donor's presence. Delivery of the document of
  176  gift during the donor's lifetime is not necessary to make the
  177  gift valid. The following form of written document is sufficient
  178  for any person to make an anatomical gift give all or part of
  179  his or her body for the purposes of this part:
  180                         UNIFORM DONOR CARD                        
  181  The undersigned hereby makes this anatomical gift, if medically
  182  acceptable, to take effect on death. The words and marks below
  183  indicate my desires:
  184  I give:
  185         (a) .... any needed organs, tissues, or eyes;
  186         (b) .... only the following organs, tissues, or eyes
  187            ...[Specify the organs, tissues, or eyes]...           
  188  for the purpose of transplantation, therapy, medical research,
  189  or education;
  190         (c) .... my body for anatomical study if needed.
  191  Limitations or special wishes, if any:
  192   ...(If applicable, list specific donee;this must be arranged in 
  193                     advance with the donee.)...                   
  194  Signed by the donor and the following witnesses in the presence
  195  of each other:
  196  ...(Signature of donor)...        ...(Date of birth of donor)...
  197  ...(Date signed)...                       ...(City and State)...
  198  ...(Witness)...                                  ...(Witness)...
  199  ...(Address)...                                  ...(Address)...
  200         (2) The anatomical gift may be made to a donee listed in s.
  201  765.513, and the donee may be specified by name.
  202         (3) Any anatomical gift by a health care surrogate
  203  designated by the decedent pursuant to part II of this chapter
  204  or a member of a class designated in s. 765.512(3) must be made
  205  by a document signed by that person or made by that person's
  206  witnessed telephonic discussion, telegraphic message, or other
  207  recorded message.
  208         Section 5. Section 765.515, Florida Statutes, is amended to
  209  read:
  210         765.515 Delivery of donor document.—
  211         (1) If an anatomical a gift is made pursuant to s. 765.521,
  212  the completed donor registration card shall be delivered to the
  213  Department of Highway Safety and Motor Vehicles and the
  214  department must communicate the donor's intent to the organ and
  215  tissue donor registry, but delivery is not necessary to the
  216  validity of the gift. If the donor withdraws the gift, the
  217  records of the Department of Highway Safety and Motor Vehicles
  218  must be updated to reflect such withdrawal and the department
  219  must communicate the withdrawal to the organ and tissue donor
  220  registry for the purpose of updating the registry.
  221         (2) If an anatomical a gift is made by the donor to a
  222  specified donee, the document of gift, other than a will, may be
  223  delivered to the donee to expedite the appropriate procedures
  224  immediately after death, but delivery is not necessary to the
  225  validity of the gift. The Such document of gift may be deposited
  226  in any hospital, bank, storage facility, or registry office that
  227  accepts such documents for safekeeping or to facilitate the
  228  donation of organs and tissue after death.
  229         (3) At the request of any interested party upon or after
  230  the donor's death, the person in possession shall produce the
  231  document of gift for examination.
  232         Section 6. Section 765.5155, Florida Statutes, is amended
  233  to read:
  234         765.5155 Organ and tissue Donor registry; education
  235  program.—
  236         (1) The Legislature finds that:
  237         (a) There is a shortage of organ and tissue donors in this
  238  state willing to provide the organs and tissue that could save
  239  lives or enhance the quality of life for many persons.
  240         (b) There is a need to encourage the various minority
  241  populations of this state to donate organs and tissue.
  242         (c) A statewide organ and tissue donor registry having an
  243  online donor registration process coupled with an enhanced
  244  program of donor education will lead to an increase in the
  245  number of organ and tissue donors registered in this state, thus
  246  affording more persons who are awaiting organ or tissue
  247  transplants the opportunity for a full and productive life.
  248         (2) The agency for Health Care Administration and the
  249  Department of Highway Safety and Motor Vehicles shall jointly
  250  contract for the operation of a an organ and tissue donor
  251  registry and education program. The contractor shall be procured
  252  by competitive solicitation pursuant to chapter 287,
  253  notwithstanding any exemption in s. 287.057(5)(f). When awarding
  254  the contract, priority shall be given to existing nonprofit
  255  groups that are based within the state, have expertise working
  256  with organ and tissue procurement organizations, have expertise
  257  in conducting statewide organ and tissue donor public education
  258  campaigns, and represent the needs of the organ and tissue
  259  donation community in the state.
  260         (3) The contractor shall be responsible for:
  261         (a) The development, implementation, and maintenance of an
  262  interactive web-based organ and tissue donor registry that,
  263  through electronic means, allows for online organ donor
  264  registration and the recording of organ and tissue donation
  265  records submitted through the driver's license identification
  266  program or through other sources.
  267         1. The registry must be maintained in a manner that allows,
  268  through electronic and telephonic methods, immediate access to
  269  organ and tissue donation records 24 hours a day, 7 days a week.
  270         2. Access to the registry must be through coded and secure
  271  means to protect the integrity of the data in the registry.
  272         (b) A continuing program to educate and inform medical
  273  professionals, law enforcement agencies and officers, other
  274  state and local government employees, high school students,
  275  minorities, and the public about the laws of this state relating
  276  to anatomical gifts and the need for anatomical gifts.
  277         1. Existing community resources, when available, must be
  278  used to support the program and volunteers may assist the
  279  program to the maximum extent possible.
  280         2. The contractor shall coordinate with the head of a state
  281  agency or other political subdivision of the state, or his or
  282  her designee, to establish convenient times, dates, and
  283  locations for educating that entity's employees.
  284         (c) Preparing and submitting an annual written report to
  285  the agency for Health Care Administration by December 31 of each
  286  year. The report must include:
  287         1. The number of donors on the registry and an analysis of
  288  the registration rates by location and method of donation;
  289         2. The characteristics of donors as determined from
  290  registry information submitted directly by the donors or by the
  291  Department of Highway Safety and Motor Vehicles;
  292         3. The annual dollar amount of voluntary contributions
  293  received by the contractor;
  294         4. A description of the educational campaigns and
  295  initiatives implemented during the year and an evaluation of
  296  their effectiveness in increasing enrollment on the registry;
  297  and
  298         5. An analysis of Florida's registry compared with other
  299  states' donor registries.
  300         (4) Costs for the organ and tissue donor registry and
  301  education program shall be paid by the agency for Health Care
  302  Administration from the funds deposited into the Health Care
  303  Trust Fund pursuant to ss. 320.08047 and 322.08, which are
  304  designated for maintaining the organ and tissue donor registry
  305  and education program. In addition, the contractor may receive
  306  and use voluntary contributions to help support the registry and
  307  provide education.
  308         (5) The organ and tissue donor registry established by this
  309  section is designated as the “Joshua Abbott Organ and Tissue
  310  Registry.”
  311         Section 7. Section 765.51551, Florida Statutes, is amended
  312  to read
  313         765.51551 Organ and tissue Donor registry; public records
  314  exemption.—
  315         (1) Information held in the organ and tissue donor registry
  316  which identifies a donor is confidential and exempt from s.
  317  119.07(1) and s. 24(a), Art. I of the State Constitution.
  318         (2) Such information may be disclosed to the following:
  319         (a) Organ, tissue, and eye Procurement organizations that
  320  have been certified by the agency for Health Care Administration
  321  for the purpose of ascertaining or effectuating the existence of
  322  a gift under s. 765.522.
  323         (b) Persons engaged in bona fide research if the person
  324  agrees to:
  325         1. Submit a research plan to the agency that specifies the
  326  exact nature of the information requested and the intended use
  327  of the information;
  328         2. Maintain the confidentiality of the records or
  329  information if personal identifying information is made
  330  available to the researcher;
  331         3. Destroy any confidential records or information obtained
  332  after the research is concluded; and
  333         4. Not directly or indirectly contact, for any purpose, any
  334  donor or donee.
  335         (3) This section is subject to the Open Government Sunset
  336  Review Act in accordance with s. 119.15 and shall stand repealed
  337  on October 2, 2013, unless reviewed and saved from repeal
  338  through reenactment by the Legislature.
  339         Section 8. Section 765.516, Florida Statutes, is amended to
  340  read:
  341         765.516 Donor amendment of the terms of or the revocation
  342  of anatomical the gift.—
  343         (1) A donor may amend the terms of or revoke an anatomical
  344  gift by:
  345         (a) The execution and delivery to the donee of a signed
  346  statement witnessed by at least two adults, at least one of whom
  347  is a disinterested witness.
  348         (b) An oral statement that is made in the presence of two
  349  persons, one of whom is must not be a family member, and
  350  communicated to the donor's family or attorney or to the donee.
  351  An oral statement is effective only if the procurement
  352  organization, transplant hospital, or physician or technician
  353  has actual notice of the oral amendment or revocation before an
  354  incision is made to the decedent's body or an invasive procedure
  355  to prepare the recipient has begun.
  356         (c) A statement made during a terminal illness or injury
  357  addressed to an attending physician, who must communicate the
  358  revocation of the gift to the procurement organization that is
  359  certified by the state.
  360         (d) A signed document found on or about the donor's person.
  361         (e) Removing his or her name from the organ and tissue
  362  donor registry.
  363         (f)A later-executed document of gift which amends or
  364  revokes a previous anatomical gift or portion of an anatomical
  365  gift, either expressly or by inconsistency.
  366         (g)By the destruction or cancellation of the document of
  367  gift or the destruction or cancellation of that portion of the
  368  document of gift used to make the gift with the intent to revoke
  369  the gift.
  370         (2) Any anatomical gift made by a will may also be amended
  371  or revoked in the manner provided for the amendment or
  372  revocation of wills or as provided in paragraph (1)(a)
  373  subsection (1).
  374         Section 9. Section 765.517, Florida Statutes, is amended to
  375  read:
  376         765.517 Rights and duties at death.—
  377         (1) The donee, pursuant to as specified under the
  378  provisions of s. 765.515(2), may accept or reject an anatomical
  379  the gift. If the donee accepts a gift of the entire body or a
  380  part of the body to be used for research or education scientific
  381  purposes other than a transplant, the donee may authorize
  382  embalming and the use of the body in funeral services, subject
  383  to the terms of the gift. If the gift is of a part of the body,
  384  the donee shall cause the part to be removed without unnecessary
  385  mutilation upon the death of the donor and before or after
  386  embalming. After removal of the body part, custody of the
  387  remainder of the body vests in the surviving spouse, next of
  388  kin, or other persons under obligation to dispose of the body.
  389         (2) The time of death shall be determined by a physician
  390  who attends the donor at the donor's death or, if there is no
  391  such physician, the physician who certifies the death. After
  392  death, those physicians or the donor's primary care and in the
  393  absence of other qualified personnel, this physician may
  394  participate in, but may shall not obstruct, the procedures to
  395  preserve the donor's organs or tissues and may shall not be paid
  396  or reimbursed for such participation by, nor be associated with
  397  or employed by, a, an organ procurement organization, tissue
  398  bank, or eye bank. These physicians may This physician shall not
  399  participate in the procedures for removing or transplanting a
  400  part. However, this subsection does not prevent a physician from
  401  serving in a voluntary capacity on the board of directors of a
  402  procurement organization or participating on any board, council,
  403  commission, or similar body related to the organ and tissue
  404  procurement system.
  405         (3) The organ procurement organizations organization,
  406  tissue bank, or eye bank, or hospital medical professionals
  407  under the direction thereof, may perform any and all tests to
  408  evaluate the deceased as a potential donor and any invasive
  409  procedures on the deceased body in order to preserve the
  410  potential donor's organs. These procedures do not include the
  411  surgical removal of an organ or penetrating any body cavity,
  412  specifically for the purpose of donation, until:
  413         (a) It has been verified that the deceased's consent to
  414  donate appears in the organ and tissue donor registry or a
  415  properly executed donor card or document of gift is located; or
  416         (b) If a properly executed donor card or document of gift
  417  cannot be located or the deceased's consent is not listed in the
  418  organ and tissue donor registry, a person specified in s.
  419  765.512(2) or (3) has been located, has been notified of the
  420  death, and has granted legal permission for the donation.
  421         (4) All reasonable additional expenses incurred in the
  422  procedures to preserve the donor's organs or tissues shall be
  423  reimbursed by the organ procurement organization, tissue bank,
  424  or eye bank.
  425         (5) A person who acts in good faith and without negligence
  426  in accord with the terms of this part or under the anatomical
  427  gift laws of another state or a foreign country, or attempts in
  428  good faith to do so, is not liable for damages in any civil
  429  action, is not or subject to prosecution for his or her acts in
  430  any criminal proceeding, and is not subject to discipline,
  431  penalty, or liability in any administrative proceeding.
  432         (6) The provisions of this part are subject to the laws of
  433  this state prescribing powers and duties with respect to
  434  autopsies.
  435         (7)The person making an anatomical gift and the donor's
  436  estate are not liable for any injury or damages that result from
  437  the making or use of the gift.
  438         (8)In determining whether an anatomical gift has been
  439  made, amended, or revoked under this part, a person may rely
  440  upon the representation of an individual listed in s. 765.512,
  441  relating to the individual's relationship to the donor or
  442  prospective donor, unless the person knows that the
  443  representation is untrue.
  444         Section 10. Section 765.521, Florida Statutes, is amended
  445  to read:
  446         765.521 Donations as part of driver license or
  447  identification card process.—
  448         (1) The agency for Health Care Administration and the
  449  Department of Highway Safety and Motor Vehicles shall develop
  450  and implement a program encouraging and allowing persons to make
  451  anatomical gifts as a part of the process of issuing
  452  identification cards and issuing and renewing driver licenses.
  453  The donor registration card distributed by the Department of
  454  Highway Safety and Motor Vehicles shall include the information
  455  required by the uniform donor card under s. 765.514 and such
  456  additional information as determined necessary by the
  457  department. The department shall also develop and implement a
  458  program to identify donors, which includes notations on
  459  identification cards, driver licenses, and driver records or
  460  such other methods as the department develops to clearly
  461  indicate the individual's intent to make an anatomical gift
  462  donate the individual's organs, tissues, or eyes. A notation on
  463  an individual's driver license or identification card that the
  464  individual intends to make an anatomical gift donate organs,
  465  tissues, or eyes satisfies all requirements for consent to organ
  466  or tissue donation. The agency for Health Care Administration
  467  shall provide the necessary supplies and forms from funds
  468  appropriated from general revenue or contributions from
  469  interested voluntary, nonprofit organizations. The department
  470  shall provide the necessary recordkeeping system from funds
  471  appropriated from general revenue. The Department of Highway
  472  Safety and Motor Vehicles and the agency for Health Care
  473  Administration shall incur no liability in connection with the
  474  performance of any acts authorized herein.
  475         (2) The Department of Highway Safety and Motor Vehicles,
  476  after consultation with and concurrence by the agency for Health
  477  Care Administration, shall adopt rules to implement the
  478  provisions of this section according to the provisions of
  479  chapter 120.
  480         (3) Funds expended by the agency for Health Care
  481  Administration to carry out the intent of this section may shall
  482  not be taken from any funds appropriated for patient care.
  483         Section 11. Section 765.522, Florida Statutes, is amended
  484  to read:
  485         765.522 Duty of certain hospital administrators; liability
  486  of hospital administrators and, organ procurement organizations,
  487  eye banks, and tissue banks.—
  488         (1)When used in this section, “hospital” means any
  489  establishment licensed under chapter 395 except psychiatric and
  490  rehabilitation hospitals.
  491         (1)(2)If Where, based on accepted medical standards, a
  492  hospital patient is a suitable candidate for organ or tissue
  493  donation, the hospital administrator or the hospital
  494  administrator's designee shall, at or near the time of death,
  495  notify the appropriate procurement organization organ, eye, or
  496  tissue recovery program, which shall access the organ and tissue
  497  donor registry created by s. 765.5155 or any other donor
  498  registry to ascertain the existence of an entry in the registry
  499  which that has not been revoked, a donor card, or a document of
  500  gift executed by the decedent. In the absence of an entry in the
  501  donor registry, a document of gift donor card, organ donation
  502  sticker or organ donation imprint on a driver's license, or
  503  other properly executed document, the procurement organization
  504  organ, eye, or tissue recovery program shall request:
  505         (a) The patient's health care surrogate, as authorized in
  506  s. 765.512(2); or
  507         (b) If the patient does not have a surrogate, or the
  508  surrogate is not reasonably available, any of the persons
  509  specified in s. 765.512(3), in the order and manner listed,
  510  to consent to the anatomical gift of all or any part of the
  511  decedent's body for any purpose specified in this part. Except
  512  as provided in s. 765.512, in the absence of actual notice of
  513  opposition, consent need only be obtained from the person or
  514  persons in the highest priority class reasonably available.
  515         (3) A document of gift is valid if made pursuant to a
  516  request required by this section shall be executed in accordance
  517  with this part or the laws of the state or country where it was
  518  executed and where the person making the anatomical gift was
  519  domiciled, has a place of residence, or was a citizen at the
  520  time the document of gift was executed pursuant to s. 765.514.
  521         (4) The agency for Health Care Administration shall
  522  establish rules and guidelines concerning the education of
  523  individuals who may be designated to perform the request and the
  524  procedures to be used in making the request. The agency is
  525  authorized to adopt rules concerning the documentation of the
  526  request, where such request is made.
  527         (5)If a document of gift is valid under this section, the
  528  laws of this state govern the interpretation of the document of
  529  gift.
  530         (6)A document of gift or amendment of an anatomical gift
  531  is presumed to be valid unless it was not validly executed or
  532  was revoked.
  533         (7)(5) There shall be no civil or criminal liability
  534  against any organ procurement organization, eye bank, or tissue
  535  bank certified under s. 765.542, or against any hospital or
  536  hospital administrator or designee who complies, when complying
  537  with the provisions of this part and agency the rules of the
  538  agency for Health Care Administration or if when, in the
  539  exercise of reasonable care, a request for organ donation is
  540  inappropriate and the gift is not made according to this part
  541  and agency the rules of the agency for Health Care
  542  Administration.
  543         (8)(6) The hospital administrator or a designee shall, at
  544  or near the time of death of a potential organ donor, directly
  545  notify the affiliated organ procurement organization designated
  546  by the United States Department of Health and Human Services of
  547  the potential organ donor. The This organ procurement
  548  organization must offer any organ from such a donor first to
  549  patients on a Florida-based local or state organ sharing
  550  transplant list. For the purpose of this subsection, the term
  551  “transplant list” includes certain categories of national or
  552  regional organ sharing for patients of exceptional need or
  553  exceptional match, as approved or mandated by the Organ
  554  Procurement and Transplantation Network, or its agent. This
  555  notification may not be made to a tissue bank or eye bank in
  556  lieu of the organ procurement organization unless the tissue
  557  bank or eye bank is also designated as an organ procurement
  558  organization by the United States Department of Health and Human
  559  Services.
  560         Section 12. Subsections (1), (5), and (6) of section
  561  765.53, Florida Statutes, are amended to read:
  562         765.53 Organ Transplant Advisory Council; membership;
  563  responsibilities.—
  564         (1) There is hereby created within the agency for Health
  565  Care Administration A statewide technical Organ Transplant
  566  Advisory Council is created within the agency, consisting of
  567  twelve members who are physicians licensed under chapter 458 or
  568  chapter 459, to represent the interests of the public and the
  569  clients of the Department of Health or the agency. The members
  570  shall be physicians licensed according to chapter 458 or chapter
  571  459. A person employed by the agency may not be appointed as a
  572  member of the council.
  573         (5) Members of the council shall receive no compensation,
  574  but shall be reimbursed for per diem and travel expenses by the
  575  agency for Health Care Administration in accordance with the
  576  provisions of s. 112.061 while engaged in the performance of
  577  their duties.
  578         (6) The responsibilities of the council shall be to
  579  recommend to the agency for Health Care Administration
  580  indications for adult and pediatric organ transplants. The
  581  council shall also formulate guidelines and standards for organ
  582  transplants and for the development of End Stage Organ Disease
  583  and Tissue/Organ Transplant programs. The recommendations,
  584  guidelines, and standards developed by the council are
  585  applicable only to those health programs funded through the
  586  agency for Health Care Administration.
  587         Section 13. Section 765.541, Florida Statutes, is amended
  588  to read:
  589         765.541 Certification of procurement organizations engaged
  590  in the practice of cadaveric organ and tissue procurement.—The
  591  agency for Health Care Administration shall:
  592         (1) Establish a program for the certification of
  593  organizations, corporations agencies, or other entities engaged
  594  in the procurement of organs, tissues, and eyes for
  595  transplantation.;
  596         (2) Adopt rules that set forth appropriate standards and
  597  guidelines for the program in accordance with ss. 765.541
  598  765.546 and part II of chapter 408. These standards and
  599  guidelines must be substantially based on the existing laws of
  600  the Federal Government and this state and the existing standards
  601  and guidelines of the United Network for Organ Sharing (UNOS),
  602  the American Association of Tissue Banks (AATB), the South
  603  Eastern Organ Procurement Foundation (SEOPF), the North American
  604  Transplant Coordinators Organization (NATCO), and the Eye Bank
  605  Association of America (EBAA). In addition, the agency for
  606  Health Care Administration shall, before adopting these
  607  standards and guidelines, seek input from all organ procurement
  608  organizations, tissue banks, and eye banks based in this state.;
  609         (3) Collect, keep, and make available to the Governor and
  610  the Legislature information regarding the numbers and
  611  disposition of organs, and tissues, and eyes procured by each
  612  certified procurement organization. entity;
  613         (4) Monitor procurement organizations participating
  614  facilities and agencies for program compliance.; and
  615         (5) Provide for the administration of the Organ and Tissue
  616  Procurement and Transplantation Advisory Board.
  617         Section 14. Section 765.542, Florida Statutes, is amended
  618  to read:
  619         765.542 Certification of organ procurement organizations,
  620  tissue banks, and eye banks.—
  621         (1) The requirements of part II of chapter 408 apply to the
  622  provision of services that require licensure pursuant to ss.
  623  765.541-765.546 and part II of chapter 408 and to entities
  624  licensed or certified by or applying for such licensure or
  625  certification from the agency for Health Care Administration
  626  pursuant to ss. 765.541-765.546. A person An organization,
  627  agency, or other entity may not engage in the practice of organ
  628  procurement in this state without being designated as an organ
  629  procurement organization by the secretary of the United States
  630  Department of Health and Human Services and being appropriately
  631  certified by the agency for Health Care Administration. As used
  632  in this subsection, the term “procurement” includes the
  633  retrieval, processing, or distribution of human organs. A
  634  physician or organ procurement organization based outside this
  635  state is exempt from these certification requirements if:
  636         (a) The organs are procured for an out-of-state patient who
  637  is listed on, or referred through, the United Network for Organ
  638  Sharing System; and
  639         (b) The organs are procured through an agreement of an
  640  organ procurement organization certified by the state.
  641         (2) A person An organization, agency, or other entity may
  642  not engage in tissue procurement in this state unless it is
  643  appropriately certified as a tissue bank by the agency for
  644  Health Care Administration. As used in this subsection, the term
  645  “procurement” includes any retrieval, processing, storage, or
  646  distribution of human tissue for transplantation.
  647         (3) A person An organization, agency, or other entity may
  648  not engage in the practice of eye procurement in this state
  649  without being appropriately certified as an eye bank by the
  650  agency for Health Care Administration. As used in this
  651  subsection, the term “procurement” includes the retrieval,
  652  processing, or distribution of human eye tissue. Funeral
  653  directors or direct disposers who that retrieve eye tissue for
  654  an eye bank certified under this subsection are exempt from the
  655  certification requirements under this subsection.
  656         (4) A limited certificate may be issued to a tissue bank or
  657  eye bank, certifying only those components of procurement which
  658  the bank has chosen to perform. The agency for Health Care
  659  Administration may issue a limited certificate if it determines
  660  that the tissue bank or eye bank is adequately staffed and
  661  equipped to operate in conformity with the rules adopted under
  662  this section.
  663         Section 15. Subsection (3) of section 765.543, Florida
  664  Statutes, is amended to read:
  665         765.543 Organ and Tissue Procurement and Transplantation
  666  Advisory Board; creation; duties.—
  667         (3) The board shall:
  668         (a) Assist the agency for Health Care Administration in the
  669  development of necessary professional qualifications, including,
  670  but not limited to, the education, training, and performance of
  671  persons engaged in the various facets of organ and tissue
  672  procurement, processing, preservation, and distribution for
  673  transplantation;
  674         (b) Assist the agency for Health Care Administration in
  675  monitoring the appropriate and legitimate expenses associated
  676  with organ and tissue procurement, processing, and distribution
  677  for transplantation and developing methodologies to assure the
  678  uniform statewide reporting of data to facilitate the accurate
  679  and timely evaluation of the organ and tissue procurement and
  680  transplantation system;
  681         (c) Provide assistance to the Florida Medical Examiners
  682  Commission in the development of appropriate procedures and
  683  protocols to ensure the assure continued improvement in the
  684  approval and release of potential organ and tissue donors by the
  685  district medical examiners and associate medical examiners;
  686         (d) Develop with and recommend to the agency for Health
  687  Care Administration the necessary procedures and protocols
  688  required to assure that all residents of this state have
  689  reasonable access to available organ and tissue transplantation
  690  therapy and that residents of this state can be reasonably
  691  assured that the statewide procurement transplantation system is
  692  will be able to fulfill their organ and tissue requirements
  693  within the limits of the available supply and according to the
  694  severity of their medical condition and need; and
  695         (e) Develop with and recommend to the agency for Health
  696  Care Administration any changes to the laws of this state or
  697  administrative rules or procedures required to ensure assure
  698  that the statewide organ and tissue procurement and
  699  transplantation system is will be able to function smoothly,
  700  effectively, and efficiently, in accordance with the Federal
  701  Anatomical Gift Act and in a manner that assures the residents
  702  of this state that no person or entity profits from the
  703  altruistic voluntary donation of organs or tissues.
  704         Section 16. Section 765.544, Florida Statutes, is amended
  705  to read
  706         765.544 Fees; organ and tissue donor education and
  707  procurement.—
  708         (1) In accordance with s. 408.805, an applicant or a
  709  certificateholder shall pay a fee for each application submitted
  710  under this part, part II of chapter 408, and applicable rules.
  711  The amount of the fee shall be as follows:
  712         (a) An initial application fee of $1,000 from organ
  713  procurement organizations and tissue banks and $500 from eye
  714  banks.
  715         (b) Annual fees to be used, in the following order of
  716  priority, for the certification program, the advisory board,
  717  maintenance of the organ and tissue donor registry, and the
  718  organ and tissue donor education program in the following
  719  amounts, which may not exceed $35,000 per organization:
  720         1. Each general organ procurement organization shall pay
  721  the greater of $1,000 or 0.25 percent of its total revenues
  722  produced from procurement activity in this state by the
  723  certificateholder during its most recently completed fiscal year
  724  or operational year.
  725         2. Each bone and tissue procurement organization agency or
  726  bone and tissue bank shall pay the greater of $1,000 or 0.25
  727  percent of its total revenues from procurement and processing
  728  activity in this state by the certificateholder during its most
  729  recently completed fiscal year or operational year.
  730         3. Each eye bank shall pay the greater of $500 or 0.25
  731  percent of its total revenues produced from procurement activity
  732  in this state by the certificateholder during its most recently
  733  completed fiscal year or operational year.
  734         (2) The agency for Health Care Administration shall specify
  735  by rule the administrative penalties for the purpose of ensuring
  736  adherence to the standards of quality and practice required by
  737  this chapter, part II of chapter 408, and applicable rules of
  738  the agency for continued certification.
  739         (3)(a) Proceeds from fees, administrative penalties, and
  740  surcharges collected pursuant to this section must be deposited
  741  into the Health Care Trust Fund.
  742         (b) Moneys deposited in the trust fund pursuant to this
  743  section must be used exclusively for the implementation,
  744  administration, and operation of the certification program and
  745  the advisory board, for maintaining the organ and tissue donor
  746  registry, and for organ and tissue donor education.
  747         (4) As used in this section, the term “procurement activity
  748  in this state” includes the bringing into this state for
  749  processing, storage, distribution, or transplantation of organs
  750  or tissues that are initially procured in another state or
  751  country.
  752         Section 17. Section 765.545, Florida Statutes, is amended
  753  to read:
  754         765.545 Physician supervision of cadaveric organ and tissue
  755  procurement coordinators.—Organ Procurement organizations,
  756  tissue banks, and eye banks may employ coordinators, who are
  757  registered nurses, physician's assistants, or other medically
  758  trained personnel who meet the relevant standards for organ
  759  procurement organizations, tissue banks, or eye banks as adopted
  760  by the agency for Health Care Administration under s. 765.541,
  761  to assist in the medical management of organ donors or in the
  762  surgical procurement of cadaveric organs, tissues, or eyes for
  763  transplantation or research. A coordinator who assists in the
  764  medical management of organ donors or in the surgical
  765  procurement of cadaveric organs, tissues, or eyes for
  766  transplantation or research must do so under the direction and
  767  supervision of a licensed physician medical director pursuant to
  768  rules and guidelines to be adopted by the agency for Health Care
  769  Administration. With the exception of organ procurement surgery,
  770  this supervision may be indirect supervision. For purposes of
  771  this section, the term “indirect supervision” means that the
  772  medical director is responsible for the medical actions of the
  773  coordinator, that the coordinator is operating under protocols
  774  expressly approved by the medical director, and that the medical
  775  director or his or her physician designee is always available,
  776  in person or by telephone, to provide medical direction,
  777  consultation, and advice in cases of organ, tissue, and eye
  778  donation and procurement. Although indirect supervision is
  779  authorized under this section, direct physician supervision is
  780  to be encouraged when appropriate.
  781         Section 18. Section 765.547, Florida Statutes, is created
  782  to read:
  783         765.547Cooperation between medical examiner and
  784  procurement organization.—
  785         (1)A medical examiner and procurement organization shall
  786  cooperate with each other in order to maximize opportunities to
  787  recover anatomical gifts for the purpose of transplantation,
  788  therapy, research, or education.
  789         (2)The Florida Medical Examiners Commission shall adopt
  790  rules establishing cooperative responsibilities between medical
  791  examiners and procurement organizations to facilitate and
  792  expedite completion of the medical examiner's responsibilities
  793  under chapter 406 in a manner that will maximize opportunities
  794  to recover anatomical gifts.
  795         (3)This part does not supersede any part of chapter 406
  796  relating to medical examiners and the disposition of dead
  797  bodies.
  798         Section 19. Subsection (30) of section 408.802, Florida
  799  Statutes, is amended to read:
  800         408.802 Applicability.—The provisions of this part apply to
  801  the provision of services that require licensure as defined in
  802  this part and to the following entities licensed, registered, or
  803  certified by the agency, as described in chapters 112, 383, 390,
  804  394, 395, 400, 429, 440, 483, and 765:
  805         (30) Organ, and tissue, and eye procurement organizations
  806  agencies, as provided under part V of chapter 765.
  807         Section 20. Subsection (29) of section 408.820, Florida
  808  Statutes, is amended to read:
  809         408.820 Exemptions.—Except as prescribed in authorizing
  810  statutes, the following exemptions shall apply to specified
  811  requirements of this part:
  812         (29) Organ, and tissue, and eye procurement organizations
  813  agencies, as provided under part V of chapter 765, are exempt
  814  from s. 408.810(5)-(10).
  815         Section 21. This act shall take effect July 1, 2009.
  816         
  817  ================= T I T L E  A M E N D M E N T ================
  818         And the title is amended as follows:
  819         Delete everything before the enacting clause
  820  and insert:
  821                        A bill to be entitled                      
  822  An act relating to anatomical gifts; amending s. 765.511, F.S.;
  823  providing additional definitions; amending s. 765.512, F.S.;
  824  conforming terms; amending s. 765.513, F.S.; revising the list
  825  of donees that may accept anatomical gifts and the purposes for
  826  which such gifts may be used; amending ss. 765.514, 765.515,
  827  765.5155, and 765.51551, F.S.; conforming terms; amending s.
  828  765.516, F.S.; revising provisions relating to a donor's
  829  amendment or revocation of an anatomical gift; amending s.
  830  765.517, F.S.; revising provisions relating to a donee's use of
  831  an anatomical gift at the time of the donor's death; providing
  832  liability protection for the person making a gift and for the
  833  donor's estate; amending s. 765.521, F.S.; conforming terms;
  834  amending s. 765.522, F.S.; providing that the laws of this state
  835  govern the interpretation of a valid document of gift, and that
  836  a document of gift is presumed to be valid; amending ss. 765.53,
  837  765.541, 765.542, 765.543, 765.544, and 765.545, F.S.;
  838  conforming terms; creating s. 765.547, F.S.; requiring medical
  839  examiners and procurement organizations to cooperate and
  840  maximize opportunities for organ donations; authorizing the
  841  Florida Medical Examiners Commission to adopt rules; amending
  842  ss. 408.802 and 408.820, F.S.; conforming terms; providing an
  843  effective date.