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PUBLIC LAWS OF MAINE
First Regular Session of the 121st

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:

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. 2. 29-A MRSA §1301, sub-§8 is enacted to read:

     8. Organ and tissue donation. This subsection applies to organ donation under section 1402-A.

     Sec. 3. 29-A MRSA §1354, sub-§6, ¶B, as enacted by PL 1995, c. 505, §15 and affected by §22, is amended to read:

     Sec. 4. 29-A MRSA §1402-A, sub-§§4 and 5 are enacted to read:

     4. Anatomical gift coordination. In order to coordinate the donation of anatomical gifts and the receipt and transplantation of organs and tissues, beginning July 1, 2004, the Secretary of State shall perform the following duties.

     5. Effect. An expression of willingness to make an anatomical gift under this section has the same effect as a designation under Title 18-A, Article 5, Part 8 or Title 22, chapter 710. Revocation or suspension of the right to drive under this chapter does not affect the expressed willingness of a person to make an anatomical gift under this section.

     Sec. 5. Organ and tissue donation information. The Secretary of State shall make available to driver education schools information regarding organ and tissue donation.

     Sec. 6. Effective date. This Act takes effect July 1, 2004, except that the provision that enacts the Maine Revised Statutes, Title 29-A, section 1402-A, subsections 4 and 5 takes effect after implementation of the computer system scheduled for installation in the Office of the Secretary of State in 2004.

Effective July 1, 2004, unless otherwise
indicated.

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