Session Laws

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Chapter 113 of the General Laws is hereby amended by striking out section 7, as appearing in the 1984 Official Edition, and inserting in place thereof the following section:-

Section 7. In sections eight to fourteen, inclusive, unless the context otherwise requires, the following words shall have the following meanings:

"Acute hospital", any hospital licensed under section fifty-one of chapter one hundred and eleven, and the teaching hospital of the University of Massachusetts medical school, which contain a majority of medical-surgical, pediatric, obstetric, and maternity beds as defined by the department of public health.

"Bank or storage facility", a facility licensed, accredited or approved by the department of public health.

"Commissioner", the commissioner of the department of public health.

"Decedent", a deceased individual and includes a stillborn infant or fetus.

"Department", the department of public health.

"Donor", an individual who makes a gift of all or part of his body.

"Hospital", a hospital licensed, accredited or approved under the laws of any state and includes a hospital operated by the United States government, a state or a subdivision thereof, although not required to be licensed under state laws.

"Part", includes organs, tissues, skin, eyes, bones, arteries, blood, other fluids and other portions of a human body and "part" includes "parts".

"Person", an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association or any other legal entity.

"Physician" or "surgeon", a physician or surgeon licensed or authorized to practice under the laws of any state.

"State", includes any state, district, commonwealth, territory, insular possession, and any other area subject to the legislative authority of the United States of America.

SECTION 2. Said chapter 113 is hereby further amended by striking out section 8, as so appearing, and inserting in place thereof the following section:-

Section 8. (a) A person of sound mind and who is eighteen years of age or older may make a gift of all or any part of his body for any purposes specified in section nine, said gift to take effect upon his death, or in the case of a living donor at such time prior to his death as he may specify in accordance with the requirements of subsection (b) of section ten, so long as such donation does not jeopardize in any way the life and health of the donor.

(b) On or before the occurrence of death in an acute hospital, the director or other person in charge of such hospital, or his designated representative, including, but not limited to, the physician responsible for the care of the patient, shall inform any of the persons listed below in the order of priority stated, when persons in prior classes are not available, of the opportunity of authorizing a gift of all or part of the decedent's body for purposes of organ and tissue transplantation as specified in section nine; provided, however, that (1) no actual notice of contrary intentions by such persons has been received, (2) such information shall not cause undue emotional stress to the next of kin and (3) consent to such transplantation would yield an organ or tissue donation suitable for use in accordance with medical criteria as defined by physicians engaged in clinical transplantation therapy and as established by rules and regulations promulgated by the department which shall contain standards consistent with the standards set forth in the Manual of the New England Organ Bank. The order of priority of such persons shall be: (1) the spouse,

(2) an adult son or daughter,

(3) either parent,

(4) an adult brother or sister,

(5) a guardian of the person of the decedent at the time of his death,

(6) any other person authorized or under obligation to dispose of the body.

(c) The director or person in charge of such hospital or his designated representative shall record in a book kept for such purpose (1) the names of those patients for whom consent to an anatomical gift had been granted, (2) the organs or tissues donated, (3) the name of the person granting consent, and (4) the relationship of such person to the decedent.

(d) If the donee has actual notice of contrary indications by the decedent, or that a gift authorized by a member of a class is opposed by a member of the same or a prior class, the donee shall not accept the gift. The persons authorized by subsection (b) may make the gift after death or immediately before death.

(e) A gift of all or part of a body authorizes premortem tests, and any other examination necessary to assure medical acceptability of the gift for the purposes intended by the donor.

(f) The rights of the donee created by the gift are paramount to the rights of others except as provided by subsection (d) of section thirteen.

(g) The commissioner shall issue an annual report summarizing and evaluating the data collected pursuant to subsection (c).

SECTION 3. Section 10 of said chapter 113, as so appearing, is hereby amended by striking out subsection (b) and inserting in place thereof the following subsection:-

(b) A gift of all or part of the body under subsection (a) of section eight may also be made by a document other than a will. Such gift shall become effective upon the death of the donor.

In the case of a gift of a living donor intended for transplantation, the donor shall authorize such gift in a document signed by the donor and also by at least two of the physicians who are to participate in the transplantation operation and who shall have previously examined the donor in connection with his gift. In all cases other than those involving the gift of a living donor, the document may be a card designed to be carried on the person which shall be signed by the donor in the presence of two competent witnesses who shall attest to and subscribe the document in said donor's presence. If the donor cannot sign, the document may be signed for him at his direction and in his presence, and in the presence of two witnesses who must sign the document in his presence. Delivery of such document during the donor's lifetime is not necessary to make the gift valid.

SECTION 4. The commissioner of public health shall establish rules and regulations in order to implement the provisions of this act. Said rules and regulations shall be promulgated and take effect on or before January first, nineteen hundred and eighty-seven.