SB 0617 Modifies Missouri's Uniform Anatomical Gift Act
LR Number:3070L.10C Fiscal Note:3070-10
Committee:Public Health and Welfare
Last Action:05/03/00 - HCS Reported Do Pass H Civil & Administrative Law Journal page:H1264
Title:HCS SCS SBs 617 & 646
Effective Date:August 28, 2000
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Current Bill Summary

HCS/SCS/SBs 617 & 646 - This act modifies Missouri's Uniform Anatomical Gift Act.

Section 172.875 - Requires the Missouri kidney program to administer a separate program to provide assistance to organ transplant patients needing immunosuppressive drugs. The program shall coordinate its efforts with the Department of Social Services.

Section 194.210 - Modifies and adds organ donation terms.

Section 194.220 - This section currently outlines who can donate or give consent to donate organs. New language allows minors at least 16 years old to agree to donate an organ with parental consent noted on the donor card, application, driver's license, or other gift document.

Section 194.230 - Current language has been deleted regarding the method hospitals may use to request anatomical gifts, when a suitable candidate is found. New language states that acute general hospitals may contact the federal Organ Procurement Organization (OPO) when a patient is near death to determine the suitability for donation. Certain patient information must be given to the OPO and the OPO will determine suitability before a request is made of the patient. All information and contacts shall be noted on the patient's medical record.

If a donation is suitable, then the OPO and the attending physician will make a request of the patient and/or family. Within 1 year of the effective date of this act, the hospital shall develop a protocol for organ requests. Each year, the hospital shall perform a medical record review, subject to OPO guidelines, to determine donor potential and shall report to OPO within 45 days of completion of the review.

Section 194.240 - Current language outlines the methods of donation by will, by other gift document, to a specified donee. New language is added allowing the donor to designate that a "donee" may carry out these procedures. In addition, OPOs may employ procurement coordinators and enucleator who may not be doctors.

Section 194.243 - This new section requires the Division of Motor Vehicles to modify the driver's license application and renewal process by January 1, 2001. The new system should allow an individual to legally consent to organ donation and should allow persons under age 18 to register as donors with parental consent. With consent, the organ donation status will be noted on the individual's driver's license. The OPO will be given access to this information at all times. The Division will be allowed to promulgate rules for these procedures.

Section 194.245 - Consent at the time of death will not be required if a document evidencing the anatomical gift exists.

Section 194.249 - Requires the Department of Revenue to provide a space for a taxpayer to designate any amount for contribution to the Organ Donor Program Fund. The donation will be deducted from the individual's tax refund or added to the individual's tax payment.

Section 194.266 - Allows certain persons to search for a document or other information identifying an organ donor or one who has refused to make an organ donation. No material discovered may be used for any purpose other than ascertaining organ donor status.

Section 194.293 - Prohibits a hospital or physician from being held liable for any actions done in accordance with these sections.

Section 194.297 - This section establishes the Organ Donor Program Fund and makes technical changes.

Section 194.300 - Establishes the Organ and Tissue Donor Awareness Board, to be comprised of 10 members appointed by the Governor. Membership will include representatives from each federally-certified OPO, the Missouri hospital association, and the Department of Revenue.

Section 194.345 - Prohibits the transfer of human fetal parts for valuable consideration without the written consent of the mother of the child. The consent must include a description of the consideration received or paid. Any abortion facility transferring human fetal parts must disclose to the Department of Health the date of transfer, name and address of those participating in the transaction, and all consideration received for the transfer. If human fetal parts are shipped, the contents must be disclosed to the carrier or delivery service. This section does not apply to the transfer without consideration of human fetal tissue samples to a pathologist at the request of the family, transfer for burial or cremation, or transfers made before the effective date of this section. Any one violating this section is guilty of a Class A misdemeanor. This portion is substantially similar to SB 943 and HB 1826 (2000).

Section 302.171 - Removes the limitation of a one dollar donation to the organ donation program.

Section 302.181 - This section currently deals with driver's license formats. New language requires the Director of the Department of Revenue to provide, by rule, the procedure and format for an applicant to designate an anatomical gift on the back of the driver's license.

This act is substantially similar to SB 646, HB 1178 (2000).