CHAPTER 394
H.P. 212 - L.D. 257
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 22 MRSA §2911 is enacted to read:
§2911. Honor intent of organ donors
1. General rule. The intention of a person to make a donation of that person's own body organ or tissue after death must be honored. In the absence of a written statement overriding donor intent in accordance with subsection 2, or revocation or amendment of the donor's execution of the intent to donate under section 2906, Title 18-A, Article 5, Part 8 or Title 29-A, section 1402-A, health care providers licensed in this State and federally designated organ procurement organizations shall act in accordance with the donor's intention and may take appropriate actions to effect the gift.
2. Overriding donor intent. Next of kin to a person who has expressed intent to donate that person's own body organ or tissue after death may override the intention of the donor in accordance with this subsection by executing a written statement, witnessed by a person who is not a relative of the donor. The written statement must indicate that the signer has discussed honoring the intent of the organ donor with a representative of an organ procurement organization and must include:
A. An indication that the donor revoked or altered the statement of intent to donate, as provided in section 2906 or Title 18-A, Article 5, Part 8. Next of kin acting under this paragraph shall provide evidence of revocation or alteration by the donor after the date of the donor's expressing a willingness or intention to donate; or
B. An indication of the decision of the signer to override the expressed intention of the donor.
If more than one person qualifies as next of kin and also qualifies to execute an anatomical gift of all or part of the decedent's body under this chapter or any other provision of law, the document used to override donor intent must show the agreement of a majority of those persons at the level of priority of the signer under Title 18-A, section 5-805 or Title 22, section 2902, subsection 2.
Sec. 2. 29-A MRSA §1301, sub-§8 is enacted to read:
8. Organ and tissue donation. This subsection applies to organ donation under section 1402-A.
A. Before issuing or renewing a driver's license, the Secretary of State shall make available to the applicant a short statement on the opportunity to save a life through organ and tissue donation and shall provide the applicant an opportunity to become an organ or tissue donor. The applicant must be given a form on which to indicate whether the applicant intends to become a donor.
B. Information regarding the opportunity to save a life through organ and tissue donation must be prominently displayed on driver's license information mailed to applicants or distributed at offices of the bureau and must be prominently displayed on posters in offices of the bureau.
Sec. 3. 29-A MRSA §1354, sub-§6, ¶B, as enacted by PL 1995, c. 505, §15 and affected by §22, is amended to read:
B. The Secretary of State shall develop and implement a standardized driver education curriculum that establishes minimum standards for instructional goals and learning objectives. The Secretary of State shall require distribution of information on organ and tissue donation and the possibility of saving lives through organ donation.
Sec. 4. 29-A MRSA §1402-A, sub-§§4 and 5 are enacted to read:
4. Anatomical gift coordination. In order to coordinate the donation of anatomical gifts and the receipt and transplantation of organs and tissues, beginning July 1, 2004, the Secretary of State shall perform the following duties.
A. The Secretary of State shall modify its existing database system to maintain the Maine Organ Donor Registry, referred to in this section as "the registry." The Secretary of State shall include information on donors who indicate their inten-tion to donate through the Office of the Secretary of State.
B. The Secretary of State shall establish a volunteer advisory committee to provide advice and information regarding anatomical gifts, public information programs and donor recognition programs.
C. Information maintained in the registry must be made available through a secure site on the Internet, designed to guard donor and family privacy, to federally designated organ procurement organizations as necessary for the coordination of receipt of anatomical gifts and coordination of transplantation of organs and tissues.
D. The Secretary of State shall invite each hospital in the State to nominate individual donors or families for a "Gift of Life" award. The Secretary of State shall forward the names of 5 persons to the Governor each year for commendation through the "Gift of Life" award for their generosity and humanitarian spirit.
E. Notwithstanding Title 22, section 1711-C and any other provision of law to the contrary, a health care provider licensed in this State to provide primary health care shall provide information to a federally designated organ procurement organization regarding a patient who has indicated a willingness to become an organ donor under this section, Title 18-A, Article 5, Part 8 or Title 22, chapter 710 if such information is provided in accordance with professional standards applicable to organ donation and if donor intent has not been overridden pursuant to Title 22, section 2911, subsection 2.
5. Effect. An expression of willingness to make an anatomical gift under this section has the same effect as a designation under Title 18-A, Article 5, Part 8 or Title 22, chapter 710. Revocation or suspension of the right to drive under this chapter does not affect the expressed willingness of a person to make an anatomical gift under this section.
Sec. 5. Organ and tissue donation information. The Secretary of State shall make available to driver education schools information regarding organ and tissue donation.
Sec. 6. Effective date. This Act takes effect July 1, 2004, except that the provision that enacts the Maine Revised Statutes, Title 29-A, section 1402-A, subsections 4 and 5 takes effect after implementation of the computer system scheduled for installation in the Office of the Secretary of State in 2004.
Effective July 1, 2004, unless otherwise
indicated.
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