SB 0584 Revises Uniform Anatomical Gift Act
LR Number:L1834.01I Fiscal Note:1834-01
Committee:Public Health and Welfare
Last Action:01/22/96 - Bill Combined w/SCS SB 515 & 584
Title:SCS/SB 515 & 584
Effective Date:August 28, 1996
Full Bill Text | All Actions | Senate Home Page | List of 1996 Senate Bills
Current Bill Summary

SB 584 - This act would replace Missouri's current Uniform Anatomical Gift Act with a new version, the "Uniform Anatomical Gift Act (1987)".

Changes in the 1987 version include:

(1) Definitions are added for "anatomical gift", "document or gift", "enucleator" (qualified to remove eyes), "procurement organization" (approved to procure, distribute or store bodies and parts) and "technician" (qualified to remove a part);

(2) Currently, an anatomical gift made by an invalid or nonprobated will is valid if it is made in good faith. Under this act, the gift is effective regardless of whether the will is probated or found to be invalid;

(3) Grandparents are added as persons qualified to donate organs for a deceased person, according to a prioritized list;

(4) An anatomical gift not revoked by the donor before death is irrevocable, with no consent required by any person;

(5) Unless indicated otherwise, a gift of a part does not limit the gift of another part, nor is it considered to be a refusal to give other parts, and a refusal to give one part is not a refusal to give others;

(6) An anatomical gift made on a driver's license does not become invalid upon cancellation, expiration, revocation or suspension of the license;

(7) A person may refuse to make an anatomical gift in the same manner as making one: by a signed statement, a statement on a driver's license, or an oral statement if made during a terminal illness or injury;

(8) A coroner or medical examiner may release a body for removal of a part if: a request has been received from a hospital, physician, surgeon or procurement organization; a reasonable effort has been made to examine the decedent's medical records and inform persons in the prioritization list to authorize donation of their option to make the gift; there is no knowledge of objection by the decedent or any person in the prioritization list; the removal will be made by a qualified professional; it will not interfere with an autopsy or investigation; it is within accepted medical standards; and any appropriate cosmetic restoration will be done;

(9) A body not within the custody of a coroner or medical examiner may be released by the local public health officer for removal of a part if the requirements of paragraph (8) are met;

(10) Any official releasing a body under paragraph (8) or (9) shall keep a permanent record of the information;

(11) Before, during or after being admitted to a hospital, a designated official at the hospital shall ask certain questions relating to organ donation, and appropriate documentation shall be made. Similar questions shall be asked, if appropriate, to persons on the prioritization list when a person is at or near death and there is no record concerning organ donation;

(12) Certain persons, including law enforcement officers, firemen, paramedics and hospital staff shall make a reasonable search for a document making or refusing to make an anatomical gift, and if such information is found, they shall notify and send such documentation to the hospital where the person was taken;

(13) A hospital shall cooperate in the implementation of an anatomical gift or the release and removal of a part;

(14) Failure to take actions as required in paragraphs (11) through (13) shall result in appropriate administrative sanctions;

(15) Current law, which prohibits a physician who is a relative of the donee of the gift from tending to the donor during death or certifying the death, is removed.

(16) Sale or purchase of a part is a felony, if removal of the part is to occur after the donor's death;

(17) The provisions of this act are subject to autopsy laws;

(18) Medical professionals acting or attempting to act in good faith with the provisions of this act or the anatomical gift law of another state or country are not liable in civil or criminal proceedings; and

(19) An individual making his or her own anatomical gift, or on behalf of another according to the prioritization list, shall not be liable for any injury or damage which may result.