CHAPTER 208
H.P. 83 - L.D. 107
An Act Guaranteeing Freedom of Choice Regarding the Disposition of One's Own Organs
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 22 MRSA §2904, sub-§2, as amended by PL 1981, c. 639, §1, is further amended to read:
2. Other documents. A gift of any part of the body under section 2902, subsection 1, may be made by document other than a will. The gift becomes effective upon the death of the donor and upon acceptance by the donee. The document, which may be a card designed to be carried on the person, must be may be a donor card signed by the donor, in the presence of 2 witnesses who must sign the document in his presence an electronic donor registry in which the donor is included or a driver's license on which a designation is made by organ donor decal, code or notation as provided in Title 29-A, section 1402-A. If the donor cannot sign, the document may be signed for him the donor at his the donor's direction and in his the donor's presence, and in the presence of 2 witnesses who must sign the document in his presence. Delivery of the document of gift during the donor's lifetime is not necessary to make the gift valid.
Sec. 2. 22 MRSA §2911, as enacted by PL 2003, c. 394, §1 and affected by §6, is amended to read:
§2911. Honor intent of organ donors
1. General rule. The intention of a person to make a donation of that person's own body organ or tissue after death must be honored. In the absence of a written statement overriding donor intent in accordance with subsection 2, or revocation or amendment of the donor's execution of the intent to donate under section 2906, Title 18-A, Article 5, Part 8 or Title 29-A, section 1402-A, health care providers licensed in this State and federally designated organ procurement organizations shall act in accordance with the donor's intention and may take appropriate actions to effect the gift.
2. Overriding donor intent. Next of kin to a person who has expressed intent to donate that person's own body organ or tissue after death may override the intention of the donor in accordance with this subsection by executing a written statement, witnessed by a person who is not a relative of the donor. The written statement must indicate that the signer has discussed honoring the intent of the organ donor with a representative of an organ procurement organization and must include:
A. An indication that the donor revoked or altered the statement of intent to donate, as provided in section 2906 or Title 18-A, Article 5, Part 8. Next of kin acting under this paragraph shall provide evidence of revocation or alteration by the donor after the date of the donor's expressing a willingness or intention to donate; or
B. An indication of the decision of the signer to override the expressed intention of the donor.
If more than one person qualifies as next of kin and also qualifies to execute an anatomical gift of all or part of the decedent's body under this chapter or any other provision of law, the document used to override donor intent must show the agreement of a majority of those persons at the level of priority of the signer under Title 18-A, section 5-805 or Title 22, section 2902, subsection 2.
Sec. 3. 29-A MRSA §1402-A, sub-§4, ¶E, as enacted by PL 2003, c. 394, §4 and affected by §6, is amended to read:
E. Notwithstanding Title 22, section 1711-C and any other provision of law to the contrary, a health care provider licensed in this State to provide primary health care shall provide information to a federally designated organ procurement organization regarding a patient who has indicated a willingness to become an organ donor under this section, Title 18-A, Article 5, Part 8 or Title 22, chapter 710 if such information is provided in accordance with professional standards applicable to organ donation and if donor intent has not been overridden pursuant to Title 22, section 2911, subsection 2.
Effective September 17, 2005.
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