| Be it enacted by the People of the State of Maine as follows: |
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| | Sec. 1. 18-A MRSA §5-816-A is enacted to read: |
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| | Beginning January 1, 2004 a person who possesses an advance | health care directive executed pursuant to this Part shall | deliver the advance health care directive to the Maine Organ | Donor Registry established pursuant to Title 29-A, section | 1402-A, subsection 4, paragraph A.__This section applies to | persons executing an advance health care directive, attorneys, | health care providers, surrogates and any other who possesses | an advance health care directive executed by another person. |
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| | Sec. 2. 20-A MRSA §8702, sub-§1 is enacted to read: |
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| | 1.__Curriculum beginning January 1, 2004.__The driver | education course curriculum must include a short segment on | organ and tissue donation, including at a minimum the | following information: |
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| A.__A statement that it is the policy of the State to | provide information regarding the opportunity to save | lives through organ and tissue donation; and |
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| B.__Requirements for indicating the intention to donate. |
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| | Sec. 3. 22 MRSA §2911 is enacted to read: |
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| §2911.__Honor intent of organ donors |
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| | 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. |
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| | 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 2 persons who are not relatives of the | donor, indicating awareness of the expressed intention of the | donor.__The written statement must indicate that the signer | has discussed |
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