CHAPTER 394

H.P. 212 - L.D. 257

An Act To Honor the Intent of Organ Donors

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 22 MRSA §2911 is enacted 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: