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, ķE, 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.

SUMMARY

This bill removes the provision of law that allows the next of kin to a person who has expressed intent to donate that person's own body organ or tissue after death to override the intention of that person. It also removes the provision of law that requires that a donor card be signed in the presence of 2 witnesses who must sign the donor card in the presence of the donor. The bill also clarifies that a person may donate that person's own body organ or tissue after death by way of a will, a donor card, an electronic donor registry or a driver's license on which a designation is made by organ donor decal, code or notation.