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H0702.....................................................by WAYS AND MEANS
ANATOMICAL GIFT ACT - Amends, repeals and adds to existing law to revise
requirements for anatomical gifts pursuant to the Idaho Anatomical Gift
Act.
02/28 House intro - 1st rdg - to printing
03/01 Rpt prt - to Health/Wel
03/05 Rpt out - rec d/p - to 2nd rdg
2nd rdg - to 3rd rdg
03/06 3rd rdg - PASSED - 65-0-5
AYES -- Aikele, Barraclough, Barrett, Bedke, Bell, Bieter, Block,
Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Clark, Collins,
Crow, Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13),
Gagner, Gould, Hadley, Harwood, Henbest, Higgins, Hornbeck, Jaquet,
Kellogg(Duncan), Kendell, Kunz, Langford, Loertscher, Mader,
Martinez, McKague, Meyer, Montgomery, Mortensen, Moyle, Pearce,
Pischner, Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali,
Schaefer, Sellman, Shepherd, Smith(33), Smith(23), Smylie, Stevenson,
Stone, Tilman, Trail, Wheeler, Wood, Young, Mr. Speaker
NAYS -- None
Absent and excused -- Black, Field(20), Hammond, Jones, Lake
Floor Sponsors - Gould & Henbest
Title apvd - to Senate
03/07 Senate intro - 1st rdg - to Health/Wel
03/13 Rpt out - rec d/p - to 2nd rdg
03/14 2nd rdg - to 3rd rdg
03/15 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Boatright, Branch Brandt, Bunderson, Burtenshaw,
Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde,
Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge,
Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen,
Stegner, Stennett, Thorne, Wheeler, Williams
NAYS -- None
Absent and excused -- None
Floor Sponsor - Darrington
Title apvd - to House
To enrol - rpt enrol - Sp signed - Pres signed
03/18 To Governor
03/21 Governor signed
Session Law Chapter 171
Effective: 07/01/02
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 702
BY WAYS AND MEANS COMMITTEE
1 AN ACT
2 RELATING TO ANATOMICAL GIFTS; AMENDING THE CHAPTER HEADING OF CHAPTER 34,
3 TITLE 39, IDAHO CODE; AMENDING SECTION 39-3401, IDAHO CODE, TO DEFINE AND
4 REVISE TERMS; AMENDING SECTION 39-3403, IDAHO CODE, TO STATE PURPOSES FOR
5 WHICH ANATOMICAL GIFTS MAY BE MADE, TO PROVIDE THAT AN INDIVIDUAL MAY
6 ATTACH TO AN APPLICATION FOR A DRIVER'S LICENSE OR IDENTIFICATION CARD A
7 DOCUMENT OF GIFT, TO PROVIDE THAT AFTER THE EFFECTIVE DATE OF THIS ACT A
8 DOCUMENT OF GIFT SHALL BE REQUIRED BEFORE A NOTATION STATING AN
9 INDIVIDUAL'S INTENT TO MAKE AN ANATOMICAL GIFT MAY BE IMPRINTED ON A
10 DRIVER'S LICENSE OR IDENTIFICATION CARD, TO PROVIDE REFERENCES TO PROCURE-
11 MENT ENTITIES AND TO REVISE PROVISIONS RELATING TO AN INDIVIDUAL'S DESIG-
12 NATION OF A PARTICULAR PROCUREMENT ENTITY TO CARRY OUT PROCEDURES; AMEND-
13 ING SECTION 39-3405, IDAHO CODE, TO PROVIDE REFERENCES TO PROCUREMENT
14 ENTITIES AND TO REVISE REQUIREMENTS FOR A CORONER'S RELEASE AND PERMISSION
15 TO REMOVE A PART FROM A BODY FOR TRANSPLANTATION OR THERAPY; AMENDING SEC-
16 TION 39-3406, IDAHO CODE, TO REVISE DUTIES OF HOSPITAL ADMINISTRATORS WHEN
17 PATIENTS ARE AT OR NEAR DEATH, TO PROVIDE CORRECT TERMINOLOGY, TO REVISE
18 DUTIES OF HOSPITALS, LAW ENFORCEMENT OFFICERS, FIREFIGHTERS, PARAMEDICS,
19 EMERGENCY MEDICAL SERVICES PROVIDERS OR OTHER EMERGENCY RESCUERS, TO PRO-
20 VIDE FOR DUTIES OF PROCUREMENT ORGANIZATIONS AND PROCUREMENT ENTITIES AND
21 TO MAKE GRAMMATICAL CHANGES; REPEALING SECTION 39-3407, IDAHO CODE; AMEND-
22 ING CHAPTER 34, TITLE 39, IDAHO CODE, BY THE ADDITION OF A NEW SECTION
23 39-3407, IDAHO CODE, TO PROVIDE THAT ONLY SPECIFIED PERSONS ARE AUTHORIZED
24 TO CONDUCT PHYSICAL REMOVAL OF A PART PURSUANT TO AN ANATOMICAL GIFT AND
25 TO PROVIDE THAT A PROCUREMENT ENTITY MAY NOT ACT UNDER CERTAIN CIRCUM-
26 STANCES; AMENDING SECTION 39-3408, IDAHO CODE, TO PROVIDE REFERENCES TO
27 PROCUREMENT ENTITIES; AMENDING SECTION 39-3409, IDAHO CODE, TO PROVIDE
28 REFERENCES TO PROCUREMENT ENTITIES AND TO PROVIDE A CORRECT CODE REFER-
29 ENCE; AMENDING SECTION 39-3411, IDAHO CODE, TO PROHIBIT CORONERS FROM
30 AUTHORIZING THE REMOVAL OF BODY PARTS IF THE CORONER OR ANY DEPUTY OR
31 AGENT OF THE CORONER DERIVES A DIRECT OR INDIRECT FINANCIAL BENEFIT;
32 AMENDING SECTION 39-3412, IDAHO CODE, TO MAKE A TECHNICAL CORRECTION AND
33 TO PROVIDE THAT CERTAIN INDIVIDUALS ARE NOT RESPONSIBLE FOR THE COSTS OF
34 PROCUREMENT OR COSTS INCURRED TO PRESERVE THE INTEGRITY OF A BODY OR BODY
35 PARTS; REPEALING SECTION 39-3413, IDAHO CODE; AMENDING CHAPTER 34, TITLE
36 39, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 39-3413, IDAHO CODE, TO
37 PROVIDE FOR ANATOMICAL GIFTS BY LIVING DONORS; AMENDING CHAPTER 34, TITLE
38 39, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 39-3413A, IDAHO CODE, TO
39 SET FORTH REQUIREMENTS FOR INFORMED CONSENT; AMENDING SECTION 39-3417,
40 IDAHO CODE, TO REVISE THE SHORT TITLE; AMENDING CHAPTER 34, TITLE 39,
41 IDAHO CODE, BY THE ADDITION OF A NEW SECTION 39-3418, IDAHO CODE, TO PRO-
42 VIDE FOR ENFORCEMENT; AMENDING SECTION 49-315, IDAHO CODE, TO PROVIDE THAT
43 LICENSEES WHO DESIRE TO DONATE ORGANS OR TISSUE IN THE EVENT OF DEATH AND
44 WHO HAVE COMPLETED A DOCUMENT OF GIFT MAY INDICATE THIS DESIRE ON THE
45 DRIVER'S LICENSE; AND AMENDING SECTION 49-2444, IDAHO CODE, TO PROVIDE
46 THAT PERSONS POSSESSING IDENTIFICATION CARDS WHO DESIRE TO DONATE ORGANS
2
1 OR TISSUE IN THE EVENT OF DEATH AND WHO HAVE COMPLETED A DOCUMENT OF GIFT
2 MAY INDICATE THIS DESIRE ON THE IDENTIFICATION CARD.
3 Be It Enacted by the Legislature of the State of Idaho:
4 SECTION 1. That the Heading for Chapter 34, Title 39, Idaho Code, be, and
5 the same is hereby amended to read as follows:
6 CHAPTER 34
7 UNIFORM IDAHO ANATOMICAL GIFT ACT
8 SECTION 2. That Section 39-3401, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 39-3401. DEFINITIONS. As used in this chapter:
11 (1) "Anatomical gift" means a donation of all or part of a human body to
12 take effect upon or after death.
13 (2) "Decedent" means a deceased individual and includes a stillborn
14 infant or fetus.
15 (3) "Document of gift" means a card, a statement attached to or imprinted
16 on a motor vehicle driver's license or on an identification card, a will, or
17 other writing used to make an anatomical gift.
18 (4) "Donor" means an individual who makes an anatomical gift of all or
19 part of the individual's body.
20 (5) "Enucleation" means removing or processing eyes or parts of eyes.
21 (6) "Enucleator" means an individual who has completed a course in eye
22 enucleation and has a certificate of competence from an agency or organization
23 designated by the Idaho board of medicine for the purpose of providing such
24 training the Idaho Eye Bank or the Eye Bank Association of America.
25 (7) "Hospital" means a facility licensed, accredited, or approved as a
26 hospital under the laws of any state or a facility operated as a hospital by
27 the United States government, a state, or a subdivision of a state.
28 (8) "Part" means an organ, tissue, eye, bone, artery, blood, fluid, or
29 other portion of a human body.
30 (9) "Person" means an individual, corporation, business trust, estate,
31 trust, partnership, joint venture, association, government, governmental sub-
32 division or agency, or any other legal or commercial entity.
33 (10) "Physician" or "surgeon" means an individual licensed or otherwise
34 authorized to practice medicine and surgery or osteopathy and surgery under
35 the laws of any state.
36 (11) "Procurement entity" means an organ procurement organization or a
37 hospital, medical school, physician, eye bank or tissue bank.
38 (12) "Procurement organization" means a person licensed, accredited, or
39 approved under the laws of any state for procurement, distribution, or storage
40 of human bodies or parts an organization recognized by the United States
41 department of health and human services as meeting the requirements of 42
42 U.S.C. section 273.
43 (123) "State" means a state, territory, or possession of the United
44 States, the District of Columbia, or the Commonwealth of Puerto Rico.
45 (134) "Technician" means an individual a person who is individually cer-
46 tified as a certified tissue bank specialist by the Idaho board of medicine to
47 remove or process a part American Association of Tissue Banks or by a tissue
48 organization certified by the American Association of Tissue Banks.
49 SECTION 3. That Section 39-3403, Idaho Code, be, and the same is hereby
3
1 amended to read as follows:
2 39-3403. MAKING, AMENDING, REVOKING, AND REFUSING TO MAKE ANATOMICAL
3 GIFTS BY INDIVIDUAL. (1) An individual who is at least eighteen (18) years of
4 age may (i) make an anatomical gift for any of the purposes stated in section
5 39-3407 (1), Idaho Code of transplantation, therapy, research or education,
6 (ii) limit an anatomical gift to one (1) or more of those purposes, or (iii)
7 refuse to make an anatomical gift.
8 (2) An anatomical gift may be made only by a document of gift signed by
9 the donor. If the donor cannot sign, the document of gift must be signed by
10 another individual and by two (2) witnesses, all of whom have signed at the
11 direction and in the presence of the donor and of each other, and state that
12 it has been so signed.
13 (3) An individual may attach to his application for a driver's license or
14 identification card a document and the document of gift must comply in compli-
15 ance with subsection (2) of this section 39-3413, Idaho Code. A notation on an
16 individual's driver's license or identification card that he intends to make
17 an anatomical gift shall be sufficient to satisfy all requirements for consent
18 to organ or tissue donation; provided however, that after the effective date
19 of this act, a document of gift in compliance with section 39-3413, Idaho
20 Code, shall be required before such notation may be imprinted on an
21 individual's driver's license or identification card. Revocation, suspension,
22 expiration, or cancellation of the license does not invalidate the anatomical
23 gift.
24 (4) A document of gift may designate a particular physician or surgeon
25 procurement entity to carry out the appropriate procedures. In the absence of
26 a designation or if the designee is not available, the donee or other person
27 or is unable or unwilling to perform the procedures, any procurement entity
28 authorized to accept the anatomical gift may employ or authorize any physi-
29 cian, surgeon, technician, or enucleator to under this chapter may carry out
30 the appropriate procedures.
31 (5) An anatomical gift by will takes effect upon death of the testator,
32 whether or not the will is probated. If, after death, the will is declared
33 invalid for testamentary purposes, the validity of the anatomical gift is
34 unaffected.
35 (6) A donor may amend or revoke an anatomical gift, not made by will,
36 only by:
37 (a) A signed statement;
38 (b) An oral statement made in the presence of two (2) individuals;
39 (c) Any form of communication during a terminal illness or injury
40 addressed to a physician or surgeon; or
41 (d) The delivery of a signed statement to a specified donee procurement
42 entity to whom a document of gift had been delivered.
43 (7) The donor of an anatomical gift made by will may amend or revoke the
44 gift in the manner provided for amendment or revocation of wills, or as pro-
45 vided in subsection (6) of this section.
46 (8) An anatomical gift that is not revoked by the donor before death is
47 irrevocable and does not require the consent or concurrence of any person
48 after the donor's death.
49 (9) An individual may refuse to make an anatomical gift of the
50 individual's body or part by (i) a writing signed in the same manner as a doc-
51 ument of gift, (ii) attaching a statement on his driver's license or identifi-
52 cation card, or (iii) any other writing used to identify the individual as
53 refusing to make an anatomical gift. During a terminal illness or injury, the
54 refusal may be an oral statement or other form of communication.
4
1 (10) In the absence of contrary indications by the donor, an anatomical
2 gift or a part is neither a refusal to give other parts nor a limitation on an
3 anatomical gift under section 39-3404, Idaho Code, or on a removal or release
4 of other parts under section 39-3405, Idaho Code.
5 (11) In the absence of contrary indications by the donor, a revocation or
6 amendment of an anatomical gift is not refusal to make another anatomical
7 gift. If the donor intends a revocation to be refusal to make an anatomical
8 gift, the donor shall make the refusal pursuant to subsection (9) of this sec-
9 tion.
10 SECTION 4. That Section 39-3405, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 39-3405. AUTHORIZATION BY CORONER OR LOCAL PUBLIC HEALTH OFFICIAL. (1)
13 The coroner may release and permit the removal of a part from a body within
14 that official's custody, for transplantation or therapy if:
15 (a) The official has received a request for the part from a hospital,
16 physician, surgeon, or procurement organization entity;
17 (b) The official procurement entity has made a reasonable effort, taking
18 into account the useful life of the part, to locate and examine the
19 decedent's medical records and, in the absence of a document of gift or
20 other evidence of an individual's intention to make or refuse to make an
21 anatomical gift, inform persons listed in section 39-3404(1), Idaho Code,
22 in accordance with the provisions of section 39-3413A, Idaho Code, of
23 their option to make, or object refuse to making make, an anatomical gift;
24 (c) The official does not know of a refusal or contrary indication by the
25 decedent or objection by a person having priority to act as listed in sec-
26 tion 39-3404(1), Idaho Code;
27 (d) The removal will be by a physician, surgeon, or technician; but in
28 the case of eyes by one of them or by an enucleator procurement entity;
29 (e) The removal will not interfere with any autopsy or investigation;
30 (f) The removal will be in accordance with accepted medical standards;
31 and
32 (g) Cosmetic restoration will be done, if appropriate.
33 (2) If the body is not within the custody of the coroner, the local pub-
34 lic health officer may release and permit the removal of any part from a body
35 in the local public health officer's custody for transplantation or therapy if
36 the requirements of subsection (1) of this section are met.
37 (3) An official releasing and permitting the removal of a part shall
38 maintain a permanent record of the name of the decedent, the person making the
39 request, the date and purpose of the request, the part requested, and the per-
40 son to whom it was released.
41 SECTION 5. That Section 39-3406, Idaho Code, be, and the same is hereby
42 amended to read as follows:
43 39-3406. ROUTINE INQUIRY REFERRAL AND REQUIRED REQUEST -- SEARCH AND
44 NOTIFICATION. (1) If, aAt or near the time of a patient's death, of a patient,
45 there is no medical record that the patient has made or refused to make an
46 anatomical gift, the hospital administrator of the hospital where the patient
47 is being treated, or a representative designated by the such administrator,
48 shall: discuss the option to make or refuse to make an anatomical gift and
49 request the making of an anatomical gift pursuant to section 39-3404(1), Idaho
50 Code. The request must be made with reasonable discretion and sensitivity to
51 the circumstances of the family. A request is not required if the gift is not
5
1 suitable, based upon accepted medical standards, for a purpose specified in
2 section 39-3407, Idaho Code. An entry must be made in the medical record of
3 the patient, stating the name and affiliation of the individual making the
4 request, and of the name, response, and relationship to the patient of the
5 person to whom the request was made. The director of the department of health
6 and welfare shall adopt regulations to implement this subsection.
7 (a) Notify the appropriate organ procurement organization of the imminent
8 or actual death of the patient;
9 (b) In the absence of a document of gift or other evidence of an
10 individual's intention to make or refuse to make an anatomical gift, and
11 in collaboration with the organ procurement organization and/or procure-
12 ment entity, ensure that available persons listed as having priority in
13 section 39-3404, Idaho Code, are informed of the option to make or refuse
14 to make an anatomical gift in accordance with section 39-3404, Idaho Code,
15 with reasonable discretion and sensitivity appropriate to the circum-
16 stances of the family;
17 (c) Obtain the signature of the person having the highest priority of the
18 available persons listed in section 39-3404, Idaho Code, as having prior-
19 ity, signifying whether such person consents or refuses to consent to the
20 making of an anatomical gift on behalf of the patient; and
21 (d) Enter into the medical records of the patient the name and affilia-
22 tion of the individual making the request and the name, response and rela-
23 tionship to the patient of the person to whom the request was made.
24 (2) For purposes of this section, the individual designated by the hospi-
25 tal to initiate the request to the family must be an organ procurement repre-
26 sentative or an individual who has completed a course offered or approved by
27 an organ procurement organization and designed in conjunction with tissue and
28 eye bank organizations to address methods for approaching potential donor fam-
29 ilies. The following persons shall make a reasonable search for a document of
30 gift or other information identifying the bearer as a donor or as an individ-
31 ual who has refused to make an anatomical gift:
32 (3) A procurement organization or procurement entity making a request
33 pursuant to the provisions of this section shall maintain in its patient
34 records a written record of the name and affiliation of the individual making
35 the request and the name, response and relationship to the patient of the per-
36 son to whom the request was made.
37 (a4) A law enforcement officer, fireman firefighter, paramedic, emergency
38 medical services provider or other emergency rescuer finding an individual
39 who the searcher believes is dead or near death,; and
40 (b) Aa hospital, upon the admission of an individual at or near the time
41 of death, if there is not immediately available any other source of that
42 information. shall:
43 (a) Make a reasonable search for a document of gift or other information
44 identifying whether the individual has made or refused to make an anatomi-
45 cal gift; and
46 (3b) If a document of gift or evidence of refusal to make an anatomical
47 gift is located by the search required by paragraph (34)(a) of this sub-
48 section, and the individual or body to whom it relates is taken to a hos-
49 pital, notify the hospital must be notified of the contents and send the
50 document or other evidence must be sent to the hospital.
51 (4) If, at or near the time of death of a patient, a hospital knows that
52 an anatomical gift has been made pursuant to section 39-3404(1), Idaho Code,
53 or a release and removal of a part has been permitted pursuant to section
54 39-3405, Idaho Code, or that a patient or an individual identified as in tran-
55 sit to the hospital is a donor, the hospital shall notify the donee if one is
6
1 named and known to the hospital; if not, it shall notify an appropriate pro-
2 curement organization. The hospital shall cooperate in the implementation of
3 the anatomical gift or release and removal of a part.
4 (5) A person who fails to discharge the duties imposed by this section is
5 not subject to criminal or civil liability but is subject to appropriate
6 administrative sanctions.
7 SECTION 6. That Section 39-3407, Idaho Code, be, and the same is hereby
8 repealed.
9 SECTION 7. That Chapter 34, Title 39, Idaho Code, be, and the same is
10 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
11 ignated as Section 39-3407, Idaho Code, and to read as follows:
12 39-3407. CERTAIN PERSONS AUTHORIZED TO CONDUCT PHYSICAL REMOVAL. (1) Only
13 a procurement entity may be given permission to act pursuant to an anatomical
14 gift.
15 (2) Only the following individuals may perform the physical removal of a
16 part pursuant to an anatomical gift, provided that parts for transplantation
17 shall not be transplanted or transfused under any condition unless accompanied
18 by a medical certificate which states that the part comes from a person who
19 has been tested for HIV antibodies or antigens, and that the test is negative
20 for the presence of HIV antibodies or antigens:
21 (a) Physicians;
22 (b) Technicians;
23 (c) Individuals who:
24 (i) Work according to protocols established by a physician or tech-
25 nician;
26 (ii) Report directly to such physician or technician; and
27 (iii) Receive from such physician or technician specific case-by-case
28 assignments to remove parts; and
29 (d) For removal of eyes or parts of eyes only, persons certified by the
30 Idaho Eye Bank or the Eye Bank Association of America.
31 (3) A procurement entity may not act under an anatomical gift if the
32 entity knows of the decedent's refusal or contrary intentions to make an ana-
33 tomical gift, or that a person listed in section 39-3404, Idaho Code, who has
34 priority, refuses such gift.
35 SECTION 8. That Section 39-3408, Idaho Code, be, and the same is hereby
36 amended to read as follows:
37 39-3408. DELIVERY OF DOCUMENT OF GIFT. (1) Delivery of a document of gift
38 during the donor's lifetime is not required for the validity of an anatomical
39 gift.
40 (2) If an anatomical gift is made to a designated donee procurement
41 entity, the document of gift, or a copy, may be delivered to the donee pro-
42 curement entity to expedite the appropriate procedures after death. The docu-
43 ment of gift, or a copy, may be deposited in any hospital, procurement organi-
44 zation, or registry office that accepts it for safekeeping or for facilitation
45 of procedures after death. On request of an interested person, upon or after
46 the donor's death, the person in possession shall allow the interested person
47 to examine or copy the document of gift.
48 SECTION 9. That Section 39-3409, Idaho Code, be, and the same is hereby
49 amended to read as follows:
7
1 39-3409. RIGHTS AND DUTIES AT DEATH. (1) Rights of a donee procurement
2 entity created by an anatomical gift are superior to rights of others except
3 with respect to autopsies under section 39-3412(1), Idaho Code. Subject to
4 the certification requirements of section 39-2307 39-3407, Idaho Code, a donee
5 procurement entity may accept or reject an anatomical gift. If a donee pro-
6 curement entity accepts an anatomical gift of an entire body, the donee pro-
7 curement entity, subject to the terms of the gift, may allow embalming and use
8 of the body in funeral services. If the gift is of a part of a body, the donee
9 procurement entity, upon the death of the donor and before embalming, shall
10 cause the part to be removed without unnecessary mutilation. After removal of
11 the part, custody of the remainder of the body vests in the person under obli-
12 gation to dispose of the body.
13 (2) The time of death must be determined by a physician or surgeon who
14 attends the donor at death or, if none, the physician or surgeon who certifies
15 the death. Neither the physician or surgeon who attends the donor at death nor
16 the physician or surgeon who determines the time of death may participate in
17 the procedures for removing or transplanting a part unless the document of
18 gift designates a particular physician or surgeon pursuant to section
19 39-3403(4), Idaho Code.
20 (3) If there has been an anatomical gift, a technician may remove any
21 donated parts and an enucleator may remove any donated eyes or parts of eyes,
22 after determination of death by a physician or surgeon.
23 SECTION 10. That Section 39-3411, Idaho Code, be, and the same is hereby
24 amended to read as follows:
25 39-3411. SALE OR PURCHASE OF PARTS PROHIBITED. (1) A person may not know-
26 ingly, for valuable consideration purchase or sell a part for transplantation
27 or therapy, if removal of the part is intended to occur after the death of the
28 decedent.
29 (2) Valuable consideration does not include reasonable payment for the
30 removal, processing, disposal, preservation, quality control, storage, trans-
31 portation, or implantation of a part.
32 (3) A coroner acting pursuant to this section shall not authorize the
33 removal of a part from a body within the coroner's custody if the coroner, or
34 any deputy or agent of the coroner, derives or may derive any direct or indi-
35 rect financial benefit relative to the removal, donation or use of the part.
36 (4) A person who violates this section is guilty of a felony and upon
37 conviction is subject to a fine not exceeding fifty thousand dollars ($50,000)
38 or imprisonment not exceeding five (5) years, or both.
39 SECTION 11. That Section 39-3412, Idaho Code, be, and the same is hereby
40 amended to read as follows:
41 39-3412. EXAMINATION -- AUTOPSY -- LIABILITY. (1) An anatomical gift
42 authorizes any reasonable examination necessary to assure medical acceptabil-
43 ity of the gift for the purposes intended.
44 (2) The provisions of this chapter are subject to the laws of this state
45 governing autopsies.
46 (3) A hospital, physician, surgeon, coroner, local public health officer,
47 enucleator, technician, or other person, who acts in accordance with this
48 chapter or with the applicable anatomical gift law of another state or a for-
49 eign country or who attempts in good faith to do so is not liable for that act
50 in a civil action or criminal proceeding.
51 (4) An individual who makes an anatomical gift pursuant to section
8
1 39-3403 or 39-3404, Idaho Code, and the individual's estate are not liable for
2 any injury or damage that may result from the making or the use of the anatom-
3 ical gift.
4 (5) The decedent's family, the decedent's next of kin, and the maker of
5 the document of gift are not responsible for the costs of procurement or the
6 costs incurred to preserve the integrity of the body or the parts for the pur-
7 poses listed in this chapter or listed in the document of gift.
8 SECTION 12. That Section 39-3413, Idaho Code, be, and the same is hereby
9 repealed.
10 SECTION 13. That Chapter 34, Title 39, Idaho Code, be, and the same is
11 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
12 ignated as Section 39-3413, Idaho Code, and to read as follows:
13 39-3413. ANATOMICAL GIFTS BY LIVING DONORS. (1) A document containing the
14 following information is sufficient to comply with the provisions of this
15 chapter for the making of an anatomical gift by a living donor or the refusal
16 to make such a gift:
17 (a) A statement, signed and dated by the donor, that upon the donor's
18 death he or she gives:
19 (i) Any needed organs, tissues or parts or only specified organs,
20 tissues or parts; and
21 (ii) The purpose or purposes for which such organs, tissues or parts
22 may be used, including transplantation, therapy, research or educa-
23 tion; or
24 (b) A statement, signed and dated by the donor, that the donor refuses to
25 make any anatomical gift.
26 (2) Any document evidencing a living donor's intent to make an anatomical
27 gift, or the refusal to make such a gift, shall also contain the printed name
28 of the donor and the donor's date of birth and current address.
29 SECTION 14. That Chapter 34, Title 39, Idaho Code, be, and the same is
30 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
31 ignated as Section 39-3413A, Idaho Code, and to read as follows:
32 39-3413A. REQUIREMENTS FOR INFORMED CONSENT. In the absence of a document
33 of gift or other evidence of an individual's intention to make or refuse to
34 make an anatomical gift, the following information shall be provided to any
35 person or persons, listed in section 39-3404(1), Idaho Code, approached for
36 purposes of obtaining informed consent:
37 (1) A confirmation of the donor's identity and his or her clinical termi-
38 nal condition;
39 (2) A general description of the purposes of anatomical gift donation;
40 (3) Identification of specific organs and/or tissues, including cells,
41 that are being requested for donation, provided that subsequent information on
42 the specific gifts recovered shall be supplied;
43 (4) An explanation that the retrieved organs and/or tissues may be used
44 for transplantation, therapy, medical research or educational purposes;
45 (5) A general description of the recovery process including, but not lim-
46 ited to, timing, relocation of the donor if applicable, and contact informa-
47 tion;
48 (6) An explanation that laboratory tests and a medical and/or social his-
49 tory will be completed to determine the medical suitability of the donor and
50 that blood samples from the donor will be tested for certain transmissible
9
1 diseases, including testing for HIV antibodies or antigens;
2 (7) An explanation that the spleen, lymph nodes and blood may be removed,
3 and cultures may be performed, for the purpose of determining donor suitabil-
4 ity and donor and recipient capability;
5 (8) A statement granting access to the donor's medical records and pro-
6 viding that the medical records may be released to other appropriate parties;
7 (9) An explanation that costs directly related to the evaluation, recov-
8 ery, preservation and placement of the organs and/or tissues will not be
9 charged to the family members of the donor; and
10 (10) An explanation of the impact the donation process may have on burial
11 arrangements and on the appearance of the donor's body.
12 SECTION 15. That Section 39-3417, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 39-3417. SHORT TITLE. This chapter may be cited as the "UniformIdaho Ana-
15 tomical Gift Act." of 1989".
16 SECTION 16. That Chapter 34, Title 39, Idaho Code, be, and the same is
17 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
18 ignated as Section 39-3418, Idaho Code, and to read as follows:
19 39-3418. ENFORCEMENT. (1) Except as otherwise provided in sections
20 39-3406 and 39-3411, Idaho Code, whenever the attorney general has reason to
21 believe that any person is engaging, has engaged, or is about to engage in any
22 act in violation of this chapter, the attorney general may bring an action in
23 the name of the state against that person:
24 (a) To obtain a declaratory judgment that the act violates the provisions
25 of this chapter;
26 (b) To enjoin any act that violates the provisions of this chapter by
27 issuance of a temporary restraining order or preliminary or permanent
28 injunction, without bond, upon the giving of appropriate notice;
29 (c) To recover on behalf of the state and its agencies actual damages or
30 restitution; or
31 (d) To recover civil penalties of up to fifty thousand dollars ($50,000)
32 per violation and reasonable expenses, investigative costs and attorney's
33 fees.
34 (2) The penalties provided in this section are in addition to any other
35 available remedy at law or equity.
36 (3) Any civil penalty imposed pursuant to this section shall be deposited
37 in the state general fund.
38 SECTION 17. That Section 49-315, Idaho Code, be, and the same is hereby
39 amended to read as follows:
40 49-315. LICENSES ISSUED TO DRIVERS. (1) The department shall issue to
41 every qualifying applicant a distinguishing driver's license as applied for,
42 which shall bear a distinguishing number assigned to the licensee, the full
43 name, date of birth, Idaho residence address, sex, weight, height, eye color,
44 hair color, color photograph, name of this state, date of issuance, date of
45 expiration, license class, endorsements, restrictions, and the applicant's
46 signature. Driver's licenses for persons under eighteen (18) years of age
47 shall include a notation "under 18 until (month, day, year)," and driver's
48 licenses for persons eighteen (18) years of age to twenty-one (21) years of
49 age shall include a notation "under 21 until (month, day, year)." No driver's
10
1 license shall be valid until it has been signed on the signature line of the
2 license by the licensee.
3 (2) Every driver's license shall bear a color photograph of the licensee,
4 which shall be taken by the examiner at the time the application is made. The
5 photograph shall be taken without headgear or other clothing or device that
6 disguises or otherwise conceals the face or head of the applicant. A waiver
7 may be granted by the department allowing the applicant to wear headgear or
8 other head covering for medical, religious or safety purposes so long as the
9 face is not disguised or otherwise concealed. At the request of the applicant,
10 a driver's license may contain a statement or indication of the medical condi-
11 tion of the licensee.
12 (3) The department shall notify the commercial driver license information
13 system that a class A, B or C driver's license has been issued as required by
14 49 CFR part 383.
15 (4) A licensee desiring who desires to donate any or all organs or tissue
16 in the event of death, and who has completed a document of gift pursuant to
17 the provisions for donation of anatomical gifts as set forth in chapter 34,
18 title 39, Idaho Code, may, at the option of the donor, may indicate this
19 desire on the driver's license by the imprinting of the word "donor" on the
20 license.
21 (5) A licensee who is a person with a permanent disability may request
22 that the notation "permanently disabled" be imprinted on the driver's license,
23 provided the licensee presents written certification from a licensed physician
24 verifying that the licensee's stated impairment qualifies as a permanent dis-
25 ability according to the provisions of section 49-117, Idaho Code.
26 SECTION 18. That Section 49-2444, Idaho Code, be, and the same is hereby
27 amended to read as follows:
28 49-2444. IDENTIFICATION CARD ISSUED -- FOUR-YEAR OR EIGHT-YEAR. (1) The
29 department shall issue a distinguishing identification card which shall set
30 forth the information contained in the application, in a form as prescribed by
31 the department. All identification cards issued on or after January 1, 1993,
32 shall not contain the applicant's social security number. An applicant's
33 social security number shall be exempt from disclosure except for inquiries
34 from agencies or institutions authorized to obtain such information by federal
35 law or regulation, from peace officers or from jury commissioners. Each card
36 shall have printed on it the applicant's full name, date of birth, Idaho resi-
37 dence address, sex, weight, height, eye color, hair color, and shall be issued
38 a distinguishing number assigned to the applicant. Each card shall also have
39 printed on it the name of this state, the date of issuance, and the date of
40 expiration. An identification card shall not be valid until it has been signed
41 on the signature line by the applicant. Each card shall bear upon it a color
42 photograph of the applicant which shall be taken by the examiner at the time
43 of application. The photograph shall be taken without headgear or other cloth-
44 ing or device that disguises or otherwise conceals the face or head of the
45 applicant. A waiver may be granted by the department allowing the applicant to
46 wear headgear or other head covering for medical, religious or safety purposes
47 so long as the face is not disguised or otherwise concealed. At the request of
48 the applicant, an identification card may contain a statement or indication of
49 the medical condition of the applicant.
50 No person shall receive an identification card unless and until he surren-
51 ders to the department all identification cards in his possession issued to
52 him by Idaho or any other jurisdiction, or any driver's license issued by any
53 other jurisdiction within the United States, or until he executes an affidavit
11
1 that he does not possess an identification card or any driver's license.
2 Identification cards issued to persons under eighteen (18) years of age
3 shall include a notation "under 18 until (month, day, year)," and identifica-
4 tion cards issued to persons eighteen (18) years of age to twenty-one (21)
5 years of age shall include a notation "under 21 until (month, day, year)." The
6 nonrefundable fee for a four-year identification card issued to persons
7 twenty-one (21) years of age or older shall be seven dollars and fifty cents
8 ($7.50) of which five dollars ($5.00) shall be retained by the county and
9 credited to the current expense fund, and two dollars and fifty cents ($2.50)
10 shall be deposited in the state treasury to the credit of the highway distri-
11 bution account. The nonrefundable fee for identification cards issued to per-
12 sons under twenty-one (21) years of age shall be six dollars and fifty cents
13 ($6.50), of which five dollars ($5.00) shall be retained by the county and
14 credited to the current expense fund, and one dollar and fifty cents ($1.50)
15 shall be deposited in the state treasury to the credit of the highway distri-
16 bution account. The nonrefundable fee for an eight-year identification card
17 shall be fifteen dollars ($15.00) of which ten dollars ($10.00) shall be
18 retained by the county and credited to the current expense fund, and five dol-
19 lars ($5.00) shall be deposited in the state treasury to the credit of the
20 highway distribution account. At the option of the applicant, the identifica-
21 tion card issued to a person twenty-one (21) years of age or older shall
22 expire either on the cardholder's birthday in the fourth year or the eighth
23 year following issuance of the card. Every identification card issued to a
24 person under eighteen (18) years of age shall expire five (5) days after the
25 person's eighteenth birthday. Every identification card issued to a person
26 eighteen (18) years of age but under twenty-one (21) years of age shall expire
27 five (5) days after the person's twenty-first birthday.
28 (2) Every identification card, except those issued to persons under
29 twenty-one (21) years of age, shall be renewable on or before its expiration,
30 but not more than twelve (12) months before, and upon application and payment
31 of the required fee.
32 (3) When an identification card has been expired for less than twelve
33 (12) months, the renewal of the identification card shall start from the orig-
34 inal date of expiration regardless of the year in which the application for
35 renewal is made. If the identification card is expired for more than twelve
36 (12) months, the application shall expire, at the option of the applicant, on
37 the applicant's birthday in the fourth year or the eighth year following reis-
38 suance of the identification card.
39 (4) A person possessing an identification card desiring who desires to
40 donate any or all organs or tissue in the event of death, and who has com-
41 pleted a document of gift pursuant to the provisions for donation of anatomi-
42 cal gifts as set forth in chapter 34, title 39, Idaho Code, may, at the option
43 of the donor, may indicate this desire on the identification card by the
44 imprinting of the word "donor" on the identification card.
45 (5) A person possessing an identification card or an applicant for an
46 identification card who is a person with a permanent disability may request
47 that the notation "permanently disabled" be imprinted on the identification
48 card, provided the person presents written certification from a licensed phy-
49 sician verifying that the person's stated impairment qualifies as a permanent
50 disability according to the provisions of section 49-117, Idaho Code.
51 (6) In the case of a name change, the applicant shall provide legal docu-
52 mentation to verify the change in accordance with department rules.
53 (7) Whenever any person, after applying for or receiving an identifica-
54 tion card, shall move from the address shown on the application or on the
55 identification card issued, that person shall, within thirty (30) days, notify
12
1 the transportation department in writing of the old and new addresses.
2 (8) The department shall cancel any identification card upon determining
3 that the person was not entitled to the issuance of the identification card,
4 or that the person failed to give the required and correct information in his
5 application or committed fraud in making the application. Upon cancellation,
6 the person shall surrender the canceled identification card to the department.
7 (9) If any person shall fail to return to the department the identifica-
8 tion card as required, the department may direct any peace officer to secure
9 its possession and return the identification card to the department.
10 (10) The department may issue a no-fee identification card to an individ-
11 ual whose driver's license has been canceled and voluntarily surrendered as
12 provided in section 49-322(4), Idaho Code. The identification card may be
13 renewed at no cost to the applicant as long as the driver's license remains
14 canceled.
15 (11) It is an infraction for any person to fail to notify the department
16 of a change of address as required by the provisions of subsection (7) of this
17 section.
STATEMENT OF PURPOSE
RS 12171C1
The purpose of this legislation is to revise Idaho code with regard
to anatomical gifts. The legislation requires that before a person's
desire to be an organ or tissue donor is imprinted on their driver's
licence or identification card, a document of gift shall be required.
It defines procurement entity and requires that a technician be
certified as a tissue bank specialist. It requires a procurement
organization be recognized by the US Department of Health and Human
Services. It also clarifies and specifies the information and
procedures for the Department of Transportation concerning
documentation of an anatomical gift on a driver's license or
identification card. This legislation also revises requirements for
coroners when they are authorizing removal of a part from a body for
transplantation, and prohibits coroners from authorizing the removal
of these parts if they benefit financially. The bill revises duties
of hospital administrators when patients are near death and specifies
the duties of hospitals and emergency workers. This bill repeals
current section 39-3407 and adds a new section that specifies a
procurement entity may only be given permission to act if the donor
has not refused or revoked the gift, and specifies who is authorized
to remove a body part. The bill repeals current section 39-3413 and
replaces it with a new section relating to anatomical gifts by living
donors. This bill also adds new sections, to set requirements for
informed consent and provide for enforcement.
FISCAL IMPACT
There is no fiscal impact to the general fund.
Contact
Name: Rep. Margaret Henbest
Phone: 332-1130
Name: Rep. Celia Gould
Phone: 332-1127
STATEMENT OF PURPOSE/FISCAL NOTE H 702