Chapter 392

2003 -- S 0442 SUBSTITUTE A

Enacted 07/31/03

A N A C T

RELATING TO ANATOMICAL GIFTS BY MOTOR VEHICLE OPERATORS

Introduced By: Senator Leo R. Blais

Date Introduced: February 13, 2003

It is enacted by the General Assembly as follows:

SECTION 1. Section 31-10-26.1 of the General Laws in Chapter 31-10 entitled

"Anatomical Gifts by Drivers" is hereby amended to read as follows:

31-10-26.1. Anatomical gifts by drivers. -- (a) The division of motor vehicles shall

cause to be sent to each person applying for or renewing a license, as provided for in section 31-

10-26, a document containing a summary description and explanation of the Anatomical Gift Act,

chapter 18.6 of title 23~~, and a donor~~ ~~card suitable for use by a person wishing to donate tissue or~~

~~organs pursuant to the applicable provisions of chapter 18.6 of title 23. The donor card shall~~

~~include the definition of qualified donee, as specified in chapter 18.6 of title 23.~~

(b) The division of motor vehicles may, on behalf of the state accept and deposit with the

general treasurer any grant, gift, or contribution made to assist in meeting the cost of carrying out

the purposes of this section and to expend the grant, gift, or contribution for those purposes.

perform any and all acts which may be necessary or desirable to carry out the purposes of this

section.

(d) The division of motor vehicles shall issue special licenses upon request of a licensee

which conform to the provisions of the Rhode Island Anatomical Gift Act, chapter 18.6 of title

23.

(e) Neither the administrator of the division of motor vehicles nor any employee of the

state shall be liable in any suit for damages as a result of his or her acts or omissions or for any

action under the provisions of this section.

(f) The division of motor vehicles shall cause to be posted in all of its customer service

locations a sign or other material encouraging persons to make anatomical gifts during the

process of issuing and renewing licenses provided for in section 31-10.1-1 and in accordance with

the Anatomical Gift Act, chapter 18.6 of title 23. ~~denoting that organ donor cards are available,~~

~~from a division of motor vehicles customer service representative, upon request from a person~~

~~applying for or renewing a license. Organ donor cards shall be placed in areas visible to~~

~~customers.~~

(g) The division of motor vehicles shall cause to be produced application forms and

renewal forms for driver's licenses and nonoperator identification cards that clearly offer Rhode

Island residents the option to consent to organ donation in accordance with section 31-10.1-8.

~~(g) When obtaining or renewing the driver's license, Rhode Island residents, who request~~

~~an organ donor card, may be asked this question: "Do you wish to have the organ donor~~

~~designation on your driver's license?" If the driver says "yes", that information will be designated~~

~~on the license. When obtaining or renewing the driver's license, Rhode Island residents, who~~

~~request an organ donor card, will be asked this question: "Do you wish to have the organ donor~~

~~designation printed on your driver's license?" If the driver says "yes", that information will be~~

~~designated on the license and the information made a permanent part of the driver's record with~~

~~the Rhode Island division of motor vehicles.~~ Only a "yes" or affirmative response will be noted.

~~This information will be made available to all law enforcement organizations twenty-four (24)~~

~~hours a day and will be used to notify next of kin of their family member's affirmative response to~~

~~organ donation.~~ Information held by the division of motor vehicles regarding a person's consent

to donate shall constitute the "Rhode Island Donor Registry." This information will be made

available to all federally designated organ procurement organizations and law enforcement

organizations twenty-four (24) hours a day via a password protected Internet connection and will

only be used to fulfill the donation wishes of the licensee or card holder.

(h) The division of motor vehicles shall develop a method that requires written consent

and confirmation to allow residents of Rhode Island to have their names accurately added to or

deleted from the division's Rhode Island Donor Registry in the periods between mandated driver's

license renewals. Persons added to the Donor Registry in this manner shall be considered as

having made a document of gift.

SECTION 2. Section 31-10.1-8 of the General Laws in Chapter 31-10.1 entitled "Special

License for Motorcycles, Motor Scooters, and Other Motor Driven Cycles" is hereby amended to

read as follows:

31-10.1-8. Anatomical gifts by operators. -- (a) The division of motor vehicles, in

conjunction with the federally designated organ and tissue procurement agency, shall develop and

implement a program encouraging and allowing for persons to make anatomical gifts, during the

process of issuing and renewing licenses provided for in section 31-10.1-1. The division of motor

vehicles shall give to all persons seeking the licenses, a document containing a summary

description and explanation of the Anatomical Gift Act, chapter 18.6 of title 23. Any person

wishing to donate tissue or organs under the provisions of chapter 18.6 of title 23 shall be

included in the Rhode Island Donor Registry as defined by section 31-10-26.1(g) and issued a

driver's license or nonoperator's identification card bearing a notation or symbol indicating the

person's consent to donate ~~issued a donor card suitable for use~~ under the chapter and defining the

term "qualified donee" as outlined in chapter 18.6 of title 23. The division of motor vehicles, in

conjunction with the federally designated organ and tissue procurement agency, may on behalf of

the state, accept and deposit with the general treasurer any grant, gift or contribution made to

assist in meeting the cost of carrying out the purposes of this section, and may expend the funds

for these purposes.

(b) Application for monies to support these purposes will be made to the general

treasurer by the division of motor vehicles, and/or the federally designated organ and tissue

procurement agency.

perform any and all acts necessary to carry out the purposes of this section.

SECTION 3. Sections 23-18.6-1, 23-18.6-2, 23-18.6-3 and 23-18.6-4 of the General

Laws in Chapter 23-18.6 entitled "Uniform Anatomical Gift Act" are hereby amended to read as

follows:

23-18.6-1. Definitions. -- As used in this chapter:

(1) "Anatomical gift" means a donation of all or part of a human body to take effect upon

or after death.

(2) "Decedent" means a deceased individual and includes a stillborn infant or fetus.

(3) "Document of gift" means a card, a statement or symbol attached to or imprinted on a

motor vehicle operator's or chauffeur's license, inclusion in the Rhode Island Donor Registry, a

will, or other writing used to make an anatomical gift.

(4) "Donor" means an individual who makes an anatomical gift of all or part of the

individual's body.

(5) "Enucleator" means an individual who is licensed or certified by the state board of

medical examiners and/or department of health and/or federally designated eye procurement

organization to remove or process eyes or parts of eyes.

(6) "Hospital" means a facility licensed, accredited, or approved as a hospital under the

law of any state or a facility operated as a hospital by the United States government, a state, or a

subdivision of a state.

(7) "Part" means an organ, tissue, eye, bone, artery, blood, fluid, or other portion of a

human body.

(8) "Person" means an individual, corporation, business trust, estate, trust, partnership,

joint venture, association, government, governmental subdivision or agency, or any other legal or

commercial entity.

(9) "Physician" or "surgeon" means an individual licensed or otherwise authorized to

practice medicine and surgery or osteopathy and surgery under the laws of any state.

(10) "Procurement organization" means federally designated eye or organ procurement

organization accredited, and/or approved under the laws of any state for procurement,

distribution, or storage of human bodies or parts.

(11) "State" means a state, territory, or possession of the United States, the District of

Columbia, or the Commonwealth of Puerto Rico.

(12) "Technician" means an individual who is licensed or certified by the State Board of

Medical Examiners and/or department of health and/or federally designated eye procurement

organization to remove or process eyes or parts of eyes.

23-18.6-2. Making, amending, revoking, and refusing to make anatomical gifts by

individual. -- (a) An individual who is at least (18) years of age may:

(1) Make an anatomical gift for any of the purposes stated in section 23-18.6-6(a);

(2) Limit an anatomical gift to one or more of those purposes; or

(3) Refuse to make an anatomical gift.

(b) An anatomical gift may be made only by a document of gift signed by the donor or

by indicating consent to donate under title 31 chapters 31-10 and 31-10.1. If the donor cannot

sign, the document of gift must be signed by another individual, the next of kin, or designee and

by two (2) witnesses, all of whom have signed at the direction and in the presence of the donor

and of each other, and state that it has been so signed.

or chauffeur's license, ~~the document of gift must comply with subsection (b). Revocation~~

revocation, suspension, expiration, or cancellation of the license does not invalidate the

anatomical gift.

(d) A document of gift may designate a particular physician or surgeon in cases of living

relation donation and transplantation to carry out the appropriate procedures. In the absence of a

designation or if the designee is not available, the donee or other person authorized to accept the

anatomical gift may employ or authorize any physician, surgeon, technician, or enucleator to

carry out the appropriate procedures.

(e) An anatomical gift by will takes effect upon death of the testator, whether or not the

will is probated. If, after death, the will is declared invalid for testamentary purposes, the validity

of the anatomical fight is unaffected.

(f) A donor may amend or revoke an anatomical gift, not made by will, only by:

(1) A signed statement;

(2) An oral statement made in the presence of two (2) individuals;

(3) Any form of communication during a terminal illness or injury addressed to a

physician or surgeon; or

(4) The delivery of a signed statement to a specified donee to whom a document of gift

had been delivered.

(g) The donor of an anatomical gift made by will may amend or revoke the gift in the

manner provided for amendment or revocation of will, or as provided in subsection (f).

(h) An anatomical gift that is not revoked by the donor before death is irrevocable and

does not require the consent or concurrence of any person after the donor's death., except in cases

where the deceased is under the age of eighteen (18). In cases where the deceased is under the

age of eighteen (18), an anatomical gift shall be made as set forth in section 23-18.6-3.

(i) An individual may refuse to make an anatomical gift of the individual's body or party

part by: (1) a writing signed in the same manner as a document of gift; (2) a statement attached to

~~or imprinted on~~ a donor's motor vehicle operator's or chauffeur's license; or (3) any other writing

used to identify the individual as refusing to make an anatomical gift. During a terminal illness or

injury, the refusal may be an oral statement or other form of communication.

(j) In the absence of contrary indications by the donor, an anatomical gift of a part is

neither a refusal to give other parts nor a limitation on an anatomical gift under section 23-18.6-3

or on a removal or release of other parts under section 23-18.6-4.

(k) In the absence of contrary indications by the donor, a revocation or amendment of an

anatomical gift is not a refusal to make another anatomical gift. If the donor intends a revocation

to be a refusal to make an anatomical gift, the donor shall make the refusal pursuant to subsection

(i).

23-18.6-3. ~~Making, revoking, and objecting to anatomical gifts by others~~ Making,

revoking, and objecting to anatomical gifts by persons other than the donor. -- (a) Any

member of the following classes of persons, in the order of priority listed, may make an

anatomical gift of all or a part of the decedent's body for an authorized purpose, unless the

decedent, at the time of death, has made an unrevoked refusal to make that anatomical gift:

(1) The spouse of the decedent;

(2) An adult son or daughter of the decedent;

(3) Either parent of the decedent;

(4) An adult brother or sister of the decedent;

(5) A grandparent of the decedent; and

(6) A guardian of the person of the decedent at the time of death.

(b) An anatomical gift may not be made by a person listed in subsection (a) if:

(1) A person in a prior class is available at the time of death to make an anatomical gift;

(2)(i) The person proposing to make an anatomical gift knows of a written refusal or

written contrary indications by the decedent, provided that the decedent has signed a document of

gift; or

(ii) If the decedent has not signed a document of gift, and if the person proposing to make

an anatomical gift knows of any refusal or any contrary indications by the decedent; or

(3) The person proposing to make an anatomical gift knows of an objection to making an

anatomical gift by a member of the person's same class or a prior class.

(1) A document of gifts signed by the person or

(2) The person's telegraphic, recorded telephonic, or other recorded message, or other

form of communication from the person that is contemporaneously reduced to writing and signed

by the recipient.

(d) An anatomical gift by a person authorized under subsection (a) may be revoked by

any member of the same or a prior class before procedures have begun for the removal from the

body of the decedent, the physician, surgeon, technician, or enucleator removing the part.

(e) A failure to make an anatomical gift under subsection (a) is not an objection to the

making of an anatomical gift.

23-18.6-4. Authorization by medical examiner. -- (a) The medical examiner may

release and permit the removal of a part from a body within that official's custody, for

transplantation or therapy, if:

(1) The official has received a request for the part from a hospital, physician, surgeon, or

procurement organization;

(2) The hospital staff "transplant team" has made a reasonable effort, taking into account

the useful life of the part, to locate and examine the decedent's medical records and inform

persons listed in section 23-18.6-3(a) of their option to make, or object to making, an anatomical

gift;

(3) The official does not know of a refusal or contrary indication by the decedent or

objection by a person having priority to act as listed in section 23-18.6-3(a);

(4) The removal will be by a physician, surgeon, or technician; but in the case of eyes,

by one of them or by an enucleator;

(5) The removal will not interfere with any autopsy, investigation, procedure, or other

additional activity as deemed necessary by the medical examiner to arrive at a reasonable cause

and manner of death;

(6) The removal will be in accordance with accepted medical standards; and

(7) Cosmetic restoration will be done, if appropriate.

(b) A permanent record of the names of the decedent, the person making the request, the

date and purpose of the request, the part requested, and the person to whom it was released should

be made by the hospital/physician/technician (enucleator) and forwarded to the medical examiner

for his or her records.

the anatomical gift if in his or her judgment such attendance would, in the opinion of the medical

examiner or his or her designee, facilitate a donation that would otherwise be denied.

(d) The medical examiner, or his or her designee, may only deny removal of the

anatomical gift after explaining in writing reasons for determining that those tissues or organs

may be involved in the cause of death.

SECTION 4. This act shall take effect on January 1, 2004.

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LC00309/SUB A/2

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