Struck = removed from the bill ·
added = the amendment's new text.
HFASB427 4465 5557 FOR OFFICE USE ONLY HOUSE FLOOR AMENDMENTS Regular Session ENROLLEDAmendments SENATEproposed BILLbyRepresentative NO.Melerine to Reengrossed Senate Bill No.
427 (Substituteby ofSenator SenatePressly BillAMENDMENT No.NO.
3111 byOn Senatorpage Pressly)11, BYline SENATOR5, PRESSLYafter AN"refusal," ACTand Tobefore amend"in" andinsert reenact"is R.S.valid if it is made" Page 1 of 1 CODING:
17:2351,Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored 2352,are 2354,additions. 2354.1, 2354.2, 2354.7, 2354.8, and 2357(A) and (F) and to enact R.S.
17:2351.1 and 2354.10 through 2354.14, relative to anatomical gifts;
to provide requirements and methods for executing an anatomical gift;
to provide for definitions;
to provide for authority to execute or revokeananatomicalgift;
to provideforaneffectivedate;and to provideforrelated matters.
Be it enacted by the Legislature of Louisiana:
Section 1.
R.S.
17:2351, 2352, 2354, 2354.1, 2354.2, 2354.7, 2354.8, and 2357(A) and(F)areherebyamendedandreenactedandR.S.17:2351.1and2354.10through2354.14 are herebyenacted to read as follows:
§2351.
Definitions As used in this Part, the following terms have the following meanings:
(1) "Adult" means a person who has attained eighteen years of age.
(2) "Agent" means a person who is any of the following:
(a) Authorized to make health care decisions on behalf of the principal by a power of attorney for health care;
or .
(b)Expresslyauthorizedtomakeananatomicalgiftonbehalfoftheprincipal by any other record signed by the principal.
(3) "Anatomical gift" or "gift" means a donation of all or part of a human body to take effect after the death of the donor for the purpose of transplantation, therapy, research, or education.
(4) "Authorization" means a legally effective expression of intent governing actstobe undertaken afterthedeath oftheindividual, including the recovery of organs or tissue pursuant to an anatomical gift.
(5) "Consent" means a legally effective permission governing acts to be undertaken prior to the death of the individual, including premortem Page 1 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 interventions, tests, procedures, or medications.
(4)(6) "Decedent"means a deceased person whose bodyor part is or maybe the source of an anatomical gift.
The term does not include a stillborn infant and, subject to restrictions imposed by law, a fetus.
(5)(7) "Disinterested witness" means a witness other than the spouse, child, parent, sibling, grandchild, grandparent, or guardian of the person who makes, amends, revokes, or refuses to make an anatomical gift, or an adult who exhibited special care and concern for the person.
The term does not include a recipient of an anatomical gift in accordance with the provisions of R.S.
17:2353.
(6)(8) "Document of gift" means a donor card or other record used to make an anatomical gift.
The term includes a statement or symbol on a driver's license, identification card, fishing license, hunting license, or donor registry.
(9) "Donation after brain death" or "DBD" means the recovery of organsortissuefortransplantationfollowingthedeterminationofdeathbased on irreversible total cessation of brain function in accordance with R.S.
9:111.
(10) "Donation after circulatory death" or "DCD" means the recovery of organs or tissue for transplantation following the determination of death based on irreversible cessation of spontaneous circulatory and respiratory functions in accordance with R.S.
9:111.
(7)(11) "Donor" means a person whose body or part is the subject of an anatomical gift.
(8) "Donor registry" means a database that contains records of anatomical gifts and amendments to or revocations thereof.
(9)(12) "Driver's license" means a license or permit issued by the Louisiana Department of Public Safety and Corrections, office of motor vehicles, to operate a vehicle, whether or not conditions are attached to the license or permit.
(10)(13)"Eyebank"meansapersonthatis licensed,accredited,or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of human eyes or portions of human eyes.
(11)(14) "Fishinglicense"means a license or permit issued bythe Louisiana Page 2 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 Department of Wildlife and Fisheries to fish as defined in R.S.
56:8, for a recreational purpose as defined in R.S.
56:8.
(12)(15) "Guardian" means a person appointed bya court to make decisions regarding the support, care,education, health, or welfareof a person.
The term does not include a guardian ad litem.
(13)(16) "Hospital" means a facility licensed as a hospital under the laws of any state or a facility operated as a hospital by the United States, a state, or a subdivision of a state.
(14)(17)"Huntinglicense"meansalicenseorpermitissuedbytheLouisiana Department of Wildlife and Fisheries to hunt as defined in R.S.
56:8 for a recreational purpose as defined in R.S.
56:8.
(15)(18) "Identification card" means a card issued by the Louisiana Department of Public Safety and Corrections, office of motor vehicles.
(16)(19) "Know" means to have actual knowledge.
(20)"Legallyeffective"meanshavingbindingforceunderthisPartand not subject to override except as expressly provided by law.
(17)(21) "Minor" means a person who has not yet attained eighteen years of age.
(18)(22)"Organprocurementorganization"meansapersondesignatedbythe secretary of the United States Department of Health and Human Services as an eye bank, organ procurement organization, or tissue bank.
(19)(23) "Parent" means a person whose parental rights have not been terminated.
(20)(24)"Part"meansanorgan,aneye,ortissue ofahumanbeing.Theterm does not include the whole body.
(21)(25) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
(22)(26) "Physician" means a person authorized and licensed to practice Page 3 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 medicine or osteopathy under the laws of any state.
(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.
(32) "Registry" means a record or database maintained or recognized by the state that contains records of legally effective anatomical gift decisions, including authorizations, refusals, amendments, revocations, affirmations of prior decisions, and indications that no anatomical gift decision should be recorded.
(28)(33) "Sign" means, with the present intent to authenticate or adopt a record, either of the following:
(a) To execute or adopt a tangible symbol.
(b) To attach to or logically associate with the record an electronic symbol, sound, or process.
(29)(34)"State"meansastateoftheUnitedStates,theDistrictofColumbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession Page 4 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 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.
The term includes an enucleator.
(31)(36) "Tissue" means a portion of the human bodyother than an organ or an eye.
The term does not include blood unless the blood is donated for the purpose of research or education.
(32)(37) "Tissue bank" means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of tissue.
(33)(38) "Transplant hospital" means a hospital that furnishes organ transplants and other medical and surgical specialtyservicesrequiredfor the careof transplant patients.
§2351.1.
Rule of construction A.
Nothing in this Part shall be construed to permit the recovery of an unpaired vital organ in amannerthatcausesorhastensthedeath of thedonor, or prior to death being determined in accordance with R.S.
9:111.
B.
Nothing in this Part shall be construed to prohibit living organ or tissue donation that does not result in the death of the donor and is otherwise authorized by law.
C.
Unless expressly provided by law, authorization to make an anatomical gift after death shall not be construed as consent to any act undertaken prior to death.
§2352.
Applicability;
persons who may make an anatomical gift or refusal prior to the death of the donor A.TheprovisionsofthisPartshallapplytoananatomicalgiftoramendment, revocation, or refusal to make an anatomical gift.
B.
Subject to theprovisions of R.S.
17:2354.2, an 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 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 the following:
(1) An adult donor.
(2)Aminordonor,ifhewhohasbeenemancipatedorauthorizedunderstate law to apply for a driver's license who is emancipated pursuant to law or who is legally married.
(3) An agent of the donor, as defined in R.S.
17:2351, unless the power of attorney for health care or other record prohibits it.
(4) A parent of the donor, if he is an unemancipated minor.
(5) The guardian of the donor.
* * * §2354.
Manner of executing anatomical gift or refusal prior to death of donor A.
A donor maymake an anatomical gift An anatomical gift may be made by persons as provided by and in accordance with R.S.
17:2352 by any of the following methods:
(1) Authorizing By a document of gift signed by the donor, including 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.
(2) Executing a will.
(3) Anyform of communication addressedto at least two adults, at least one of whom is a disinterested witness, during a terminal illness or injury.
By a document of gift signed by another individual acting at the direction of the donor if the donor is physically unable to sign, provided the document is witnessed by two adults, at least one of whom is a disinterested witness, and states that it was signed and witnessed as provided in this Paragraph.
(4)Anyformofcommunicationmadeduringaterminalillnessorinjury and addressed to a physician or made in the presence of at least one disinterested adult witness, provided 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 Page 6 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 person receiving the communication.
(b) If made in the presence of a disinterested adult witness, the witness attests to the communication in writing.
B.
A donor or other person authorized to make an anatomical gift pursuant toR.S.17:2352maymakeagiftbyadonorcardorotherrecordsignedbytheperson makingthegift orbyauthorizingthatastatementorsymbolindicatingthatagift has beenmadebeincludedonadonorregistry.Ifthedonororotherpersonis physically unable to sign a record, the record may be signed by another person at the direction of the person making the gift and the record shall:
(1) Be witnessed bytwo adults, one of whom is a disinterested witness, who have signed at the request of the person making the gift;
and (2) State that it has been signed and witnessed as provided in Paragraph (1) of this Subsection.
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.
C.AnanatomicalgiftorrefusalexecutedinaccordancewiththisSection constitutesalegallyeffectiveexpressionof thedonor'sintentandshallbegiven effect in accordance with this Part.
A gift or refusal shall not be revoked, amended, or overridden except as expressly provided by law.
A revocation under this Part withdraws a prior authorization or refusal and does not itself constitute an authorization or refusal.
C.D.Revocation,suspension,expiration,orcancellationofadriver'slicense, identificationcard,fishinglicense,orhuntinglicenseuponwhichananatomicalgift is indicated does not invalidate the gift.
D.E.
An anatomical gift executed in a will takes effect upon the death of the donor whether or not the will is probated.
Invalidation of the will after the death of the donor does not invalidate the gift.
§2354.1.
Refusal to make anatomical gift;
effect A.
A person An individual mayrefuseto makeananatomical gift of his the Page 7 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 individual's body or part by executing any of the following:
a refusal in any manner authorized for the execution of an anatomical gift under R.S.
17:2354.
(1) A signed record in accordance with Subsection B of this Section or if he isphysicallyunableto sign,anotherpersonactingatthedirectionofthepersonshall sign.
(2) A will and testament, whether or not the will is admitted to probate or invalidated after his death.
(3)Anyformofcommunicationmadebythepersonduringaterminalillness or injury addressed to at least two adults, one of whom is a disinterested witness.
B.
A signed record, shall be witnessed by at least two adults, one of whom is a disinterested witness, and shall state that it has been signed and witnessed as provided in Subsection A of this Section.
B.
A refusal executed pursuant to this Section shall be subject to the same requirements regarding form, signature, witnesses, authentication, and recording as applied to the execution of an anatomical gift under R.S.
17:2354.
C.
A person who has made a refusal to make an anatomical gift, mayamend or revoke the refusal in anyof the following ways:
(1) In the manner provided in Subsection A of this Section for making a refusal.
(2) By subsequently making an anatomical gift in accordance with R.S.
17:2354 that is inconsistent with the refusal.
(3) Bydestroying or cancelingthe recordor a portion thereof evidencing the refusal, with the intent of revocation.
C.ArefusalexecutedinaccordancewiththisSectionconstitutesalegally effective expression of the individual's intent and shall be given full force and effect under this Part.
D.
Except as otherwise provided in R.S.
17:2354.2, in the absence of an express contrary indication set forth in the refusal, an unrevoked refusal bars all other persons from making an anatomical gift of the body or part of the person individual.
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 refusal may be amended or revoked only in the manner provided in this Part.
F.
A refusal may include limitations or special instructions, which shall be honored to the extent permitted by law.
G.
A revocation of a refusal is a neutral act that withdraws the prior refusal, doesnot constitutean anatomicalgift,andresultsin noanatomicalgift decision being in effect unless and until a new authorization or refusal is made in accordance with this Part.
§2354.2.
Preclusive effect of anatomical gift;
amendment;
revocation A.
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, amending, or revoking an anatomical gift of the 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.
17:2356.
B.
A revocation of a an anatomical gift in accordance with R.S.
17:2356 is not a refusal and does not bar another person from making an anatomical gift of the bodyor part of the donor a neutral act that withdraws the prior anatomical gift, does not constitute a refusal for purposes of this Part, and results in no anatomical gift decision being in effect unless and until a new authorization or refusal is made in accordance with this Part.
C.Ifapersonotherthanthedonormakesanunrevokedanatomicalgiftofthe bodyor part or of the donor in accordancewith R.S.
17:2354 or amends a gift of the body or part of the donor in accordance with R.S.
17:2356, another person may not make, amend, or revoke the gift, in accordance with R.S.
17:2356.
D.
A revocation of an anatomical gift of the body or part of a donor in accordancewith R.S.
17:2356 bya person other than the donor does not bar another person from making an anatomical gift of the body or part in accordance with R.S.
17:2354 or 2356 withdraws the prior gift but does not constitute a refusal and doesnotbaranotherpersonfrommakingananatomicalgiftofthebodyorpart Page 9 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 in accordance with this Part.
E.
In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift, an anatomical gift of a part is neither a refusal to give another part nor a limitation on the making of a gift of another part at a later time by the donor or another person.
F.
In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift, an anatomical gift of a part for one or more of the purposes in R.S.
17:2352 is not a limitation on the making of an anatomical gift of the part for anyother purpose in accordancewith R.S.
17:2354 or 2356.
G.
If an unemancipated minor donor dies, his reasonably available parent may revoke or amend the anatomical gift.
* * * §2354.7.
Law governing validity;
choice of law;
presumption A.
A valid document of gift shall be executed An anatomical gift decision, including anauthorizationorrefusal,isvalid if itis madein accordancewith 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.
B.
If a document of gift an anatomical gift decision is valid in accordance with this Part, the law of this state governs the interpretation of the document of gift and effect of the anatomical gift decision.
C.
A person may presume that a document of gift or amendment thereto an anatomical gift decision or amendment thereto is valid unless that person knows that it is not validly executed made or it was revoked.
D.
If multiple anatomical gift decisions exist, including decisions made in another state or country, the most recent legally effective authorization or refusal shall control.
E.
If the laws of another state or country conflict with the provisions of Page 10 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 this Part,theprovisionsofthisPartshallgovernthedeterminationoftheeffect of the anatomical gift decision.
F.
An anatomical gift decision made by a minor, except as provided by R.S.
17:2352(B)(2) or R.S.
17:2354(A), shall not constitute a legally effective authorization or refusal in this state.
§2354.8.
Donor registry Registry A.
The secretary of the Louisiana Department of Health may establish or contract for the establishment of a donor registry.
B.
The Louisiana Department of Public Safety and Corrections, office of motor vehicles, and the Louisiana Department of Wildlife and Fisheries shall 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 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.
C.
Adonorregistryshall beaccessiblesevendaysaweek,twenty-fourhours a day and allow each of the following:
(1) A donor An individual or other person authorized in accordance with R.S.
17:2352 to include on the donor registry a statement or symbol that the donor 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 has indicated that no anatomical gift decision should be recorded.
(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 Page 11 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 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.
E.
This Section does not prohibit anyperson from creating or maintaining a donor registry that is not established by or contracted with the state.
Any such registry shall comply with Subsections C and D of this Section and shall not supersede the registry recognized by the state under this Section unless the record is in accordance with R.S.
17:2354.7.
A revocation recorded in the registrywithdrawsapriorauthorizationorrefusalandresultsinnoanatomical gift decision being recorded unless and until a new authorization or refusal is made.
* * * §2354.10.
Anatomical gifts by minors A.
No state agency, political subdivision, department, office, or contractor thereof, including the office responsible for the issuance of driver's licensesoridentificationcards,shallsolicit,query,orrequestfromaminorany authorization for or refusal to make an anatomical gift in the absence of a parent or legal guardian.
B.
No representation by a minor concerning anatomical gift authorization or refusal shall be recorded, relied upon, or given legal effect unlessmadeinthepresenceofaparentorlegalguardianwhoaffirmativelyand expressly concurs in writing in the decision of the minor.
C.
Any representation made by a minor concerning an anatomical gift Page 12 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 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.
Notwithstanding any provision of this Part, this Section shall not applytoaminorwhoisemancipatedpursuanttolaworwhoislegallymarried, and the individual shall be treated as an adult for purposes of this Part.
F.
Nothing in this Section shall be construed to limit the authority of a parent or legal guardian to make or refuse an anatomical gift on behalf of a minor as otherwise provided by law.
§2354.11.
Premortem interventions;
definitions;
prohibitions A.
For purposes of this Section, "premortem intervention" means any medical procedure, test, medication, cannulation, or other intervention undertaken prior to the determination of death for the purpose of facilitating organ or tissue recovery.
B.
No premortem intervention shall be performed unless it is medically indicated for the direct benefit of the patient or is performed pursuant to a legally effective consent applicable to premorteminterventions, as provided in this Section.
C.
Regardless of consent, no person shall perform or direct any premortem intervention that has a material likelihood of any of the following:
(1) Hastening death.
(2) Manufacturing, accelerating, or securing irreversibility of circulatory, respiratory, or neurologic cessation.
(3) Preventing or materially interfering with the restoration or resumption of circulatory, respiratory, or neurologic function.
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.
Any physician or individual who performs or directs a premortem intervention shall be independent of, and shall not participate in, the recovery or transplantation of any organ or tissue from the individual, and shall not be a member of the transplant team.
E.
Authorization to make an anatomical gift after death does not constitute consent to any premortem intervention, test, procedure, or medication.
Consent for any premortem intervention shall be separately and expressly obtained and shall be legally effective only if the following occur:
(1) The consent is given by the patient, or by another person legally authorizedunderLouisianalawtoconsenttomedicaltreatmentonbehalfofthe patient.
(2) The consent is voluntary and informed.
(3) The nature and purpose of the premortem intervention are specifically described.
(4) The patient or other person authorized to consent is informed that the intervention is performed for the purpose of facilitating organ or tissue recoveryand is notmedically indicated forthecareortreatmentof thepatient.
(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 interferingwith thedetermination of death in accordancewith R.S.
9:111.
F.
Nothing in this Section shall be construed to alter the standards for determination of death under R.S.
9:111 or to authorize any practice inconsistent with that Section.
G.NothinginthisSectionshallbeconstruedtoprohibittheprovisionof comfort care, palliative treatment, or the withdrawal or withholding of life-sustaining treatment in accordance with applicable law and accepted medical standards.
§2354.12.
Post-determination handling and transport of the decedent A.ThisSectionappliesfollowingthedeterminationandpronouncement Page 14 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 of death under R.S.
9:111 and the recovery of any organ or tissue pursuant to an anatomical gift.
B.
Prior to the recoveryof organs or tissue, the individual authorized to make an anatomical gift, or the individual's authorized representative where applicable, shall be informed in writing of any plan to do any of the following:
(1)Transportthedecedentfromthehospitalorfacilitywheredeathwas determined to another facility for further organ or tissue recovery,processing, or handling.
(2) Continue mechanical ventilation, perfusion, or other artificial support of bodily functions following the determination of death for purposes related to organ or tissue recovery.
C.
No transport or continuation of mechanical support described in Subsection B of this Section shall occur unless expressly authorized as part of a legally effectiveauthorization applicable topost-determination handling and transport.
D.
Authorization to make an anatomical gift after death shall not, by itself, constitute authorization for transport of the decedent to a nonhospital facility or for continuation of mechanical support following death determination.
E.
Any handling or transport of the decedent following death determination and organ or tissue recovery shall be conducted in a manner consistentwiththedignityofthedecedentandwiththereasonableexpectations of the family, as informed by the disclosures made under this Section.
F.
Nothing in this Section shall be construed to limit the recovery of organs or tissue otherwise authorized by law, to alter the standards for determination of death under R.S.
9:111, or, except to the extent necessary to carry out a valid anatomical gift, to alter or transfer the custodial authority of the person or persons authorized by law to control disposition of the body.
§2354.13.
Effect of anatomical gift decisions A.
An authorization recorded in the registry constitutes a legally Page 15 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 effective expression of intent and supersedes any prior refusal.
B.
A refusal recorded in the registry constitutes a legally effective expression of intent and supersedes any prior authorization.
C.Themostrecentauthorizationorrefusalrecordedintheregistryshall control.
D.
The absence of a recorded authorization or refusal indicates that no anatomical gift decision has been recorded in the registry and shall not constitute authorization or refusal.
E.
A response to a query by the office of motor vehicles or other state agency indicating that no anatomical gift decision should be recordedshall not constitute an authorization or refusal and shall have no legal effect.
F.
An informational indication made by a minor shall not constitute a legally effective authorization or refusal.
§2354.14.
Out-of-state anatomical gift decisions;
effect A.
An anatomical gift decision, including an authorization or refusal, made in another state that is valid under the laws of that state or of this state shall be recognized as a legally effective anatomical gift decision in this state.
B.TheeffectofananatomicalgiftdecisionrecognizedunderthisSection shall be determined in accordance with the laws of this state.
C.
If multiple anatomical gift decisions exist, including decisions made in another state, the most recent legally effective authorization or refusal shall control.
D.IfthelawsofanotherstateconflictwiththeprovisionsofthisPart,the provisions of this Part shall govern the determination of the effect of the anatomical gift decision.
E.
Notwithstanding any provision of another state's law, an anatomical gift decision made by a minor shall not constitute a legally effective authorization or refusal in this state.
* * * §2357.
Rights and duties of procurement organizations;
others Page 16 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 A.
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.
* * * F.
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 reasonablesearchfor his parents and provide them with an opportunityto revoke or amend the anatomical gift or the refusal.
make an anatomical gift decision in accordance with this Part.
Any informational indication recorded in the registry with respect to a minor shall not constitute a legally effective authorization or refusal but may be considered by the persons authorized to make an anatomical gift on behalf of the minor.
* * * Section 2.
This Act shall become effective on January 1, 2027.
PRESIDENT OF THE SENATE SPEAKER OF THE HOUSE OF REPRESENTATIVES GOVERNOR OF THE STATE OF LOUISIANA APPROVED:
Page 17 of 17 Coding:
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.