SB 427 — DONATIONS: Provides for procedures and methods to execute gifts under the Anatomical Gift Act. (1/1/27)

(26)(30)"Record"meansinformationthatisinscribedonatangiblemedium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(27)(31)"Refusal"meansa recordcreatedpursuant to the provisions ofR.S.

17:2354.1 legally effective expression of intent not to make an anatomical gift under this Part, that expressly states an intent to bar or has the legal effect of Page 4 of 19 Coding:

SLS 26RS-1259 REENGROSSED SB NO.

427 barringENROLLED othermedicine personsor fromosteopathy makinganunder anatomicalthe giftlaws of aany bodyorstate. part of a person.

(23)(27) "Prospective donor" means a person who is dead or near death and has been determined by a procurement organization to have a part that may be medicallysuitablefortransplantation,therapy,research,oreducation.Thetermdoes not include a person who has made a refusal.

(24)(28) "Reasonably available" means able to be contacted by a an organ procurementorganizationwithoutundueeffortandwillingandabletoactinatimely manner consistent with existing medical criteria necessary for the making of an anatomical gift.

(25)(29)"Recipient"meansapersonintowhosebodyapartofadecedenthas been or is intended to be transplanted.

(26)(30)"Record"meansinformationthatis inscribedonatangiblemedium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(27)(31) "Refusal"meansarecordcreatedpursuant to the provisions of R.S.

17:2354.1 legally effective expression of intent not to make an anatomical gift under this Part, that expressly states an intent to bar or has the legal effect of barring other persons from makingan anatomical gift of a bodyor part of a person.

(28)(33) "Sign" means, with the present intent to authenticate or adopt a record, either:either of the following:

(29)(34)"State"meansastateoftheUnitedStates,theDistrictofColumbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subjectPage to4 the jurisdiction of the17 UnitedCoding: States.

(30)(35)Words "Technician"which meansare anystruck individualthrough determinedare todeletions befrom qualifiedexisting tolaw; remove or process parts by an appropriate organization that is licensed, accredited, or regulated under federal or state law.

words in boldface type and underscored are additions.

SB NO.

427 ENROLLED subject to the jurisdiction of the United States.

(30)(35) "Technician" means any individual determined to be qualified to remove or process parts byan appropriate organization that is licensed, accredited, or regulated under federal or state law.

Nothing in this Part shall be construed to permit the recovery of an unpaired vital organ in aamannerthatcausesorhastensthedeath mannerthatcausesorhastensthedeath of thedonor, Pageor 5prior ofto 19death Coding:being determined in accordance with R.S.

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SLS 26RS-1259 REENGROSSED SB NO.

427 or prior to death being determined in accordance with R.S.

persons who maymakemay make an anatomical gift or refusal prior to the death of the donor A.TheprovisionsofthisPartshallapplytoananatomicalgiftoramendment, revocation, or refusal to make an anatomical gift.

Subject to thetheprovisions provisions of R.S.

17:2354.2, ananatomicalgiftan anatomical gift or refusal of a body or part of the donor may be made during his life for the purpose of transplantation, therapy, research, or education as provided in R.S.

17:2354 by any Page 5 of the17 following:Coding:

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SB NO.

427 ENROLLED of the following:

Manner of executing anatomical gift or refusal prior to death of donor A.

(1) Authorizing By a document of gift signed by the donor, including Pageauthorization 6 of 19a Coding:statement or symbol indicating that the donor has made an anatomical gift to be imprinted on his on a driver's license, identification card, fishing license, or hunting license, or registry, as provided by law.

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SLS 26RS-1259 REENGROSSED SB NO.

427 authorization of a statement or symbol indicating that the donor has made an anatomical gift to be imprinted on his on a driver's license, identification card, fishing license, or hunting license, or registry, as provided by law.

(3) Anyform of communication addressedaddressedto to at least two adults, at least one of whom is a disinterested witness, during a terminal illness or injury.

(4)Anyformofcommunicationmadeduringaterminalillnessorinjury and addressed to a physician or made in the presence of at least one disinterested adult witness, provided that:that either of the following occurs:

(a) If communicated to a physician, the communication is promptly documented in the medical record, including the date, time, and identity of the personPage receiving6 theof communication;17 Coding:

orWords (b)which Ifare madestruck inthrough theare presencedeletions offrom aexisting disinterestedlaw; adult witness, the witness attests to the communication in writing.

words in boldface type and underscored are additions.

SB NO.

427 ENROLLED person receiving the communication.

(b) If made in the presence of a disinterested adult witness, the witness attests to the communication in writing.

A donor or other person authorized to make an anatomical gift pursuant toR.S.17:2352maymakeagiftbyadonorcardorotherrecordsignedbytheperson makingthegiftorbyauthorizingthatastatementorsymbolmakingthegift indicatingthatagifthasorbyauthorizingthatastatementorsymbolindicatingthatagift beenmadebeincludedonhas adonorregistry.Ifthedonororotherpersonisphysicallybeenmadebeincludedonadonorregistry.Ifthedonororotherpersonis physically unable to sign a record, the record may be signed byanotherby another person at the direction of the person making the gift and the record shall:

B.A refusal to make an anatomical gift may be executed in the same manner and with the same legal effect as an anatomical gift under Subsection A of this Section.

AC.AnanatomicalgiftorrefusalexecutedinaccordancewiththisSection refusalconstitutesalegallyeffectiveexpressionof tothedonor'sintentandshallbegiven makeeffect an anatomical gift may be executed in theaccordance samewith Pagethis 7Part. of 19 Coding:

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SLS 26RS-1259 REENGROSSED SB NO.

427 manner and with the same legal effect as an anatomical gift under Subsection A of this Section.

C.AnanatomicalgiftorrefusalexecutedinaccordancewiththisSection constitutesa legally effectiveexpressionofthedonor'sintentandshallbegiven effect in accordance with this Part.

ApersonAnA person An individual mayrefuseto makeanmakeananatomical anatomical gift of his the individual'sPage body7 or part by executing any of the17 following:Coding:

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SB NO.

427 ENROLLED individual's body or part by executing any of the following:

(1) A signed record in accordance with Subsection B of this Section or if he isisphysicallyunableto physicallyunabletosign,anotherpersonactingatthedirectionofthepersonshallsign,anotherpersonactingatthedirectionofthepersonshall sign.

A refusal executed pursuant to this Section shall be subject to the Pagesame 8requirements regarding form, signature, witnesses, authentication, and recording as applied to the execution of 19an Coding:anatomical gift under R.S.

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SLS 26RS-1259 REENGROSSED SB NO.

427 same requirements regarding form, signature, witnesses, authentication, and recording as applied to the execution of an anatomical gift under R.S.

(3) BydestroyingorBydestroying or cancelingthe recordor a portion thereof evidencing the refusal, with the intent of revocation.

E.Page 8 of 17 Coding:

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SB NO.

427 ENROLLED E.

A revocation of a refusal is a neutral act that withdraws the prior refusal, doesnot constitutean anatomicalgift,andanatomicalgift,andresultsin resultsin noanatomicalgift decision being in effect unless and until a new authorization or refusal is made in accordance with this Part.

Except as otherwise provided in Subsection G of this Section and subject Subject to Subsection F of this Section, in the absence of an express, contrary indication by the donor, a person other than the donor is barred from making, Pageamending, 9or revoking an anatomical gift of 19the Coding:bodyor part of the donor if the gift complieswithR.S.17:2354or2356wasexecutedinaccordancewithR.S.17:2354 and has not been amended or revoked in accordance with R.S.

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SLS 26RS-1259 REENGROSSED SB NO.

427 amending, or revoking an anatomical gift of the body or part of the donor if the gift complieswithR.S.17:2354or2356wasexecutedinaccordancewithR.S.17:2354 and has not been amended or revoked in accordance with R.S.

17:2354 or 2356 withdraws the prior gift but does not constitute a refusal and doesnotbaranotherpersonfrommakingananatomicalgiftofthebodyorpart inPage accordance9 withof this17 Part.Coding:

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SB NO.

427 ENROLLED in accordance with this Part.

If an unemancipated minor donor dies, his reasonably available parent Pagemay 10revoke ofor 19amend Coding:the anatomical gift.

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SLS 26RS-1259 REENGROSSED SB NO.

427 may revoke or amend the anatomical gift.

A valid document of gift shall be executed An anatomical gift decision, including ananauthorizationorrefusal,isvalid authorizationif oritis refusal,madein inaccordancewith accordance with the provisions of this Part, the laws of the state or countrywhere it was executed made, or the laws of the state or country where the person making the anatomical gift was domiciled, has a place of residence resided, or was a national at the time the document of gift was executed anatomical gift decision was made.

If the laws of another state or country conflict with the provisions of thisPart,theprovisionsofthisPage Partshall10 governthedeterminationoftheeffect of the17 anatomicalCoding: gift decision.

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SB NO.

427 ENROLLED this Part,theprovisionsofthisPartshallgovernthedeterminationoftheeffect of the anatomical gift decision.

The Louisiana Department of Public Safety and Corrections, office of motor vehicles, and the Louisiana Department of Wildlife and Fisheries shall Pagecooperate 11with any person administering any donor registry that this state establishes, contracts for, or recognizes for the purpose of 19transferring Coding:to the donor registryall relevantinformation regardingthe making, amendment to, orrevocation of an anatomical gift an individual's anatomical gift decision, including authorization, refusal, amendment, revocation of a prior authorization or refusal, affirmation of a previously recorded decision, indication that no anatomical gift decision should be recorded, or informational indication in the case of a minor.

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SLS 26RS-1259 REENGROSSED SB NO.

427 cooperate with any person administering any donor registry that this state establishes, contracts for, or recognizes for the purpose of transferring to the donor registryall relevantinformationregardingthemaking, amendment to, or revocation of an anatomical gift an individual's anatomical gift decision, including authorization, refusal, amendment, revocation of a prior authorization or refusal, affirmation of a previously recorded decision, or indication that no anatomical gift decision should be recorded, or informational indication in the case of a minor.

Adonorregistryshall beaccessiblesevendaysbeaccessiblesevendaysaweek,twenty-fourhours aweek,twenty-fourhours a day and allow each of the following:

(2) A procurement organization to obtain relevant information from the registry to determine, at or near death of the donor or a prospective donor, whether the donor or prospective donor has made, amended, or revoked an anatomical gift individual, whether the individual has made or amended an anatomical gift decision,Page revoked11 aof prior17 authorizationCoding: or refusal, affirmed a previously recorded authorization or refusal, or whether no anatomical gift decision is recorded.

D.

Personally identifiable information on a donor registry may not be used ordisclosedwithouttheexpressconsentofthedonorindividual,prospectivedonor, or person that made the anatomical gift, for any purpose except to determine, at or near the death of the donor individual, whether he the individual has made, amended, or revoked an anatomical gift or amended an anatomical gift decision, revoked a prior authorization or refusal, affirmed a previously recorded Page 12 of 19 Coding:

SLS 26RS-1259 REENGROSSED SB NO.

427 ENROLLED decision, revoked a prior authorization or refusal, affirmed a previously recorded authorization or refusal, or whether no anatomical gift decision is recorded.

D.

Personally identifiable information on a donor registry may not be used ordisclosedwithouttheexpressconsentofthedonorindividual,prospectivedonor, or person that made the anatomical gift, for any purpose except to determine, at or near the death of the donor individual, whether he the individual has made, amended, or revoked an anatomical gift or amended an anatomical gift decision, revoked a prior authorization or refusal, affirmed a previously recorded authorization or refusal, or whether no anatomical gift decision is recorded.

This Section does not prohibit anyanyperson person from creating or maintaining a donor registry that is not established by or contracted with the state.

Any representation made by a minor concerning an anatomical gift authorizationorrefusal,whenmadeinthepresenceofandwiththeaffirmativePage andexpresswrittenconcurrenceofaparentorlegalguardian,mayberecorded12 solely forinformational purposes and shall not belegallyoperativepriortothe minor attaining the age of majority.17 Coding:

D.

Upon attainment of the age of majority, any informational record of anatomical gift authorization or refusal made by the individual as a minor in accordancewiththisSectionshallbecomelegallyoperativeunlesstheindividual affirmatively amends or revokes the record in accordance with law.

Page 13 of 19 Coding:

SLS 26RS-1259 REENGROSSED SB NO.

427 E.ENROLLED authorizationorrefusal,whenmadeinthepresenceofandwiththeaffirmative andexpresswrittenconcurrenceofaparentorlegalguardian,mayberecorded solely forinformational purposes and shall not belegallyoperative prior to the minor attaining the age of majority.

D.

Upon attainment of the age of majority, any informational record of anatomical gift authorization or refusal made by the individual as a minor in accordancewiththisSectionshallbecomelegallyoperativeunlesstheindividual affirmatively amends or revokes the record in accordance with law.

E.

D.Page 13 of 17 Coding:

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SB NO.

427 ENROLLED D.

Consent for any premortem intervention shall be separately and Pageexpressly 14obtained ofand 19shall Coding:be legally effective only if the following occur:

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SLS 26RS-1259 REENGROSSED SB NO.

427 expressly obtained and shall be legally effective only if the following occur:

(5) The consent does not authorize any premortem intervention that poses a material risk of causing or hastening the death of the patient, or a materialrisk of interferinginterferingwith with thedetermination of death in accordancewith R.S.

Post-determination handling and transport of the decedent A.ThisSectionappliesfollowingthedeterminationandpronouncement ofPage death14 underof R.S.17 Coding:

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SB NO.

427 ENROLLED of death under R.S.

(1)Transportthedecedentfromthehospitalorfacilitywheredeathwas Pagedetermined 15to ofanother 19facility Coding:for further organ or tissue recovery,processing, or handling.

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SLS 26RS-1259 REENGROSSED SB NO.

427 determined to another facility for further organ or tissue recovery,processing, or handling.

No transport or continuation of mechanical support described in Subsection B of this Section shall occur unless expressly authorized as part of a legally effectiveauthorizationapplicableeffectiveauthorization applicable topost-determination handling and transport.

An authorization recorded in the registry constitutes a legally effectivePage expression15 of intent17 andCoding: supersedes any prior refusal.

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SB NO.

427 ENROLLED effective expression of intent and supersedes any prior refusal.

PageD. 16 of 19 Coding:

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SLS 26RS-1259 REENGROSSED SB NO.

427 D.

others A.Page 16 of 17 Coding:

When a hospital refers a person at or near death to a procurement organization, the procurement organization shall make a reasonable search of the recordsoftheofficeofmotorvehiclesandanyknowndonortheregistryrecognized under R.S.

17:2354.8 to ascertain whether the person has made an anatomical gift Page 17 of 19 Coding:

SLS 26RS-1259 REENGROSSED SB NO.

427 orENROLLED amendedA. an anatomical gift decision, revoked a prior authorization or refusal,affirmedapreviouslyrecordedauthorizationorrefusal,orwhetherno anatomical gift decision is recorded.

When a hospital refers a person at or near death to a procurement organization, the procurement organization shall make a reasonable search of the recordsoftheofficeofmotorvehiclesandanyknowndonortheregistryrecognized under R.S.

17:2354.8 to ascertain whether the person has made an anatomical gift or amended an anatomical gift decision, revoked a prior authorization or refusal,affirmedapreviouslyrecordedauthorizationorrefusal,orwhetherno anatomical gift decision is recorded.

Upon the death of a minor who was a donor or had signed a refusal has made an informational indication regarding anatomical gift status, unless a procurement organization knows he was legally married or emancipated, it shall conduct a reasonablereasonablesearchfor search for his parents and provide them with an opportunityto revoke or amend the anatomical gift or the refusal.

ThePRESIDENT originalOF instrumentTHE andSENATE theSPEAKER followingOF digest,THE whichHOUSE constitutesOF noREPRESENTATIVES partGOVERNOR ofOF theTHE legislativeSTATE instrument,OF wereLOUISIANA preparedAPPROVED: bySenate Legislative Services.

ThePage keyword,17 summary, and digest do not constitute part of the17 lawCoding: or proof or indicia of legislative intent.

[R.S.

1:13(B) and 24:177(E)] DIGEST SB 427 Reengrossed 2026 Regular Session Pressly Present law establishes the Anatomical Gift Act.

Proposed law, relative to anatomical gifts, provides that no authorization to make an anatomicalgiftafterdeathis to beconstruedasconsentto anyactundertakenpriorto death.

Proposed law provides that an anatomical gift maybe made byan individual who is at least years of age or older or a minor who is emancipated pursuant to law or who is legally married, and who is otherwise authorized by law to make healthcare decisions for himself.

Proposedlawprovidesformethodsformakingananatomicalgiftandprovidesthatarefusal to make an anatomical gift may be executed in the same manner and with the same legal effect as an anatomical gift.

Proposed law provides that a revocationof a refusalis a neutral act that withdraws the prior refusal, does not constitute an anatomical gift, and results in no anatomical gift decision being in effect unless and until a new authorization or refusal is made.

Proposed law provides that if multiple anatomical gift decisions exist, including decisions made in another state or country, the most recent legally effective authorization or refusal Page 18 of 19 Coding:

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SLS 26RS-1259 REENGROSSED SB NO.

427 shall control.

Proposed law prohibits governmental entities, including driver's license authorities, from soliciting or recording anatomical gift authorization or refusal from minors in the absence of a parent or legal guardian and preserves requirement for express parental or guardian concurrenceforanyrepresentationmadetoaminorbutpermitsrecordingsofrepresentations solely for informational purposes.

Proposed law defines a donation after circulatory death and after brain death as when determined by a licensed physician based on ordinary standards of approved medical practice when the person has experienced irreversible cessation of spontaneous respiratory andcirculatoryfunctions.Prohibitspremorteminterventionsthathaveamateriallikelihood of hastening death or manufacturing irreversibility regardless of consent.

Provides that authorization to make an anatomical gift after death does not constitute consent to premortem interventions.

Proposedlawrequiresdisclosureandexpressauthorizationforpost-determinationtransport ofadecedentto anotherfacilityandforcontinuationof mechanicalsupportfollowingdeath and standards for lawful organ and tissue recovery.

Proposedlawprovidesfortheeffectofanatomicalgiftdecisionsandout-of-stateanatomical gift decisions.

Effective January 1, 2027.

(Amends R.S.

17:2351, 2352, 2354, 2354.1, 2354.2, 2354.7, 2354.8, and 2357(A) and (F);

adds R.S.17:2351.1 and 2354.10-14) Summary of Amendments Adopted by Senate Senate Floor Amendments to engrossed bill 1.

Aligns provisions regarding minor donor eligibility.

2.

Adds references in present law to proposed law provisions.

3.

Makes technical changes.

Page 19 of 19 Coding: