- Introduced -

SB 646 - This act modifies Missouri's Uniform Anatomical Gift Act. It allows minors at least 16 years of age to agree to donate an organ with parental consent noted on the donor card, application, driver's license, or other gift document. Any person may donate his or her entire body, however, the gift will be invalid unless it is in writing at least 15 days before death or unless consent is given. If there are adult children of the deceased who are not children of the surviving spouse, their consent is required for a whole body gift as well. If an individual completes any of the specified legal documents indicating organ donor status, then no consent will be required at the time of death.

If possible, hospitals must determine whether a patient has any document evidencing an anatomical gift. The absence of a document does not, however, create a presumption of the patient's wishes. Upon a donor's death, a hospital shall make every effort to contact the donee.

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 under 75 years old and near death to determine the suitability for donation. Certain patient information must be given to the OPO for a suitability determination 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. By August 28, 2001, hospitals shall develop a protocol for organ requests. Each year, hospitals shall perform a medical record review, subject to OPO guidelines, to determine donor potential and shall report to the OPO within 45 days of completion of the review. Donors may designate that a "recovery specialist" may carry out donation procedures as outlined by a donor's will or other gift document. A recovery specialist may recover organs without a physician present.

The Division of Motor Vehicles must 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 a driver's license. The OPO will be given access to this information at all times.

The Department of Revenue may provide vehicle registration renewal applicants with the opportunity to donate $1 to the Organ Donor Program Fund. The fund will reimburse the Department for costs of the program, subject to amount limitations. The Department must 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. The Department Director must provide, by rule, the procedure and format for an applicant to designate an anatomical gift on the back of the driver's license.

Certain persons, enumerated in Section 194.266 of this act, may search for a document or other information identifying an organ donor or donation refusal. No material discovered may be used for any purpose other than ascertaining organ donor status.

Law enforcement officers must make reasonable efforts to notify next of kin when an individual is the victim of an accident-trauma and is hospitalized or dead. Such notification should be made in person, if possible. In addition to notifying family, the nearest OPO may be contacted to expedite decision making regarding potential organ and tissue recovery.

Hospitals or Physicians are prohibited from being held liable for any actions done in accordance with these sections.

The Organ Donor Program Fund is established and the moneys shall be used solely by the Organ and Tissue Donor Awareness Board. Section 194.299, RSMo, which designated how the funds may be expended, is deleted. The Organ and Tissue Donor Awareness Board, consisting of nine members enumerated in Section 194.300 of the act, is also established. The members are appointed by the Governor with the advice and consent of the Senate. The Board will develop donor awareness programs, award grants, and apply for appropriations, among other duties.

This act is substantially similar to HB 994 (1999).

ERIN MOTLEY