AN ACT RELATIVE TO A UNIFORM ANATOMICAL GIFT ACT.
Whereas, The deferred operation of this act would tend to defeat its purpose, which is to provide forthwith for the promotion of organ and tissue donation, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
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 90 of the General Laws is hereby amended by striking out section 8D, as appearing in the 2010 Official Edition, and inserting in place thereof the following section:-
Section 8D. The registrar shall include in every notice of license and registration renewal, including an electronic renewal, sent to a person licensed to operate a motor vehicle under this chapter a document or statement containing a summary description and explanation of the donor registry and the anatomical gift act as provided in chapter 113A. The registrar shall affix a suitable symbol to the license of a person who has made an anatomical gift under said chapter 113A.
The registrar may, on behalf of the commonwealth, accept and use gifts of materials to effectuate this section, and may, on behalf of a charitable institution, accept gifts, contributions and bequests of funds from individuals, foundations and from federal or other governmental bodies for the purposes of chapter 113A and may transmit the same to such charitable institution and may make and sign any agreements and may do and perform any acts which may be necessary or desirable to carry out this section.
The registrar shall include on any license renewal form, including any electronic renewal form, an option for the person submitting the form to donate a sum of not less than $2 to the Organ and Tissue Donor Registration Fund established in section 35E½ of chapter 10. The registrar shall annually report the total amount designated under this paragraph to the state treasurer who shall credit amounts received for that purpose to the fund.
Neither the registrar nor any employee of the commonwealth shall be liable in a suit for damages as a result of any acts or omissions or for any other action under this section.
The registrar shall provide to organ procurement organizations, as defined in section 2 of chapter 113A, serving the commonwealth access through electronic transmission to names, dates of birth and other pertinent information of licensed drivers and identification card holders who have registered with the registry as organ and tissue donors for the sole purpose of identifying those drivers as donors in the donor registry pursuant to said chapter 113A. On any form used by the registry for organ and tissue donation, there shall be a disclaimer that informs the donor that certain information shall be provided to organ procurement organizations upon the donor’s death.
The registrar shall include, in the required driver education and training course as provided for in section 8 and in section 13D of chapter 71, an information session on organ and tissue donation. The information session shall include educational materials to be provided by organ procurement organizations serving the commonwealth.
The registrar shall make available in all registry branches educational materials as provided by organ procurement organizations serving the commonwealth.
The registrar shall develop a means by which a person licensed by the registrar to operate a motor vehicle or holding an identification card issued under section 8E to register as an organ and tissue donor through the registry’s website. The means shall be in addition to and shall contain the same security provisions as provided for the online renewal of licenses and registrations.
SECTION 2. Sections 5A to 13, inclusive, of chapter 113 are hereby repealed.
SECTION 3. The General Laws are hereby amended by inserting after said chapter 113 the following chapter:-
CHAPTER 113A
UNIFORM ANATOMICAL GIFT ACT
Section 1. This act shall be known and may be cited as the “Uniform Anatomical Gift Act”.
Section 2. As used in this chapter, the following words shall, unless the context requires otherwise, have the following meanings:
“Adult”, an individual who is at least 18 years of age.
“Agent”, an individual who is authorized to make health-care decisions on the principal’s behalf by a power of attorney for health care including, but not limited to a health care agent appointed under a health care proxy pursuant to chapter 201D or an individual who is expressly authorized to make an anatomical gift on the principal’s behalf by any other record signed by the principal.
“Anatomical gift”, a donation of all or part of a human body to take effect after the donor’s death for the purpose of transplantation, therapy, research or education.
“Decedent”, a deceased individual, including a stillborn infant or fetus.
“Disinterested witness”, a witness other than the spouse, child, parent, sibling, grandchild, grandparent or guardian of the individual who makes, amends, revokes or refuses to make an anatomical gift or another adult who exhibited special care and concern for the individual; provided, however, that for the purposes of this definition, “individual” shall not include an individual to whom an anatomical gift could pass under section 11.
“Document of gift”, a donor card or other record used to make an anatomical gift; provided, however, that such document may include a statement or symbol on a driver’s license, identification card or an inclusion in a donor registry.
“Donor”, an individual whose body or part is the subject of an anatomical gift.
“Donor registry”, the donor registry established in section 20 or any other database that identifies donors and complies with said section 20.
“Driver’s license”, a license or permit issued by the registry of motor vehicles to an individual to operate a vehicle, whether or not conditions are attached to the license or permit.
“Eye bank”, a person that is licensed, accredited or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage or distribution of human eyes or portions of human eyes.
“Guardian”, an individual appointed by a court to make decisions regarding the support, care, education, health or welfare of another individual; provided, however, that “guardian” shall not include a guardian ad litem.
“Hospital”, a facility licensed as a hospital under the laws of any state or a facility operated as a hospital by the United States, a state or a subdivision of a state.
“Identification card”, an identification card issued by the registry of motor vehicles.
“Know”, to have actual knowledge.
“Minor”, an individual who is under 18 years of age.
“Organ procurement organization”, an entity designated as such by the secretary of the United States Department of Health and Human Services.
“Parent”, either parent whose parental rights have not been terminated, regardless of whether the parents are married, divorced, separated or never married to each other.
“Part”, an organ, eye or tissue of a human being; provided, however, that “part” shall not include the whole body or a gamete as defined in section 2 of chapter 111L, which shall be donated in accordance with chapter 111L.
“Person”, an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality or any other legal or commercial entity.
“Physician”, an individual authorized to practice medicine or osteopathy under the laws of any state.
“Procurement organization”, an eye bank, organ procurement organization or tissue bank.
“Prospective donor”, an individual who is deceased or near death and has been determined by a procurement organization to have a part that could be medically suitable for transplantation, therapy, research or education; provided, however, that “prospective donor” shall not include an individual who has made a refusal to become a donor.
“Reasonably available”, able to be contacted by a procurement organization without undue effort and willing and able to act in a timely manner consistent with existing medical criteria necessary for the making of an anatomical gift.
“Recipient”, an individual into whose body a decedent’s part has been or is intended to be transplanted.
“Record”, information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
“Refusal”, a record created under section 7 that expressly states an intent to bar other persons from making an anatomical gift of an individual’s body or part.
“Sign”, with the present intent to authenticate or adopt a record, to execute or adopt a tangible symbol or to attach to or logically associate with the record an electronic symbol, sound or process.
“State”, a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States.
“Technician”, an individual, including an enucleator, determined to be qualified to remove or process parts by an appropriate organization that is licensed, accredited or regulated under federal or state law.
“Tissue”, a portion of the human body other than an organ or an eye, but not including blood unless the blood is donated for the purpose of research or education.
“Tissue bank”, means a person that is licensed, accredited or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage or distribution of tissue.
“Transplant hospital”, a hospital that furnishes organ transplants and other medical and surgical specialty services required for the care of transplant patients.
Section 3. This chapter shall apply to an anatomical gift or amendment to, revocation of or refusal to make an anatomical gift, whenever made.
Section 4. Subject to section 8, an anatomical gift of a donor’s body or part may be made during the life of the donor for the purpose of transplantation, therapy, research or education in the manner provided in section 5 by:
(1) the donor, if the donor is an adult or if the donor is a minor and is:
(i) emancipated; or
(ii) authorized under state law to apply for a driver’s license or identification card;
(2) an agent of the donor including, but not limited to, a health care agent appointed under a health care proxy pursuant to chapter 201D, unless the power of attorney for health care or other record prohibits the agent from making an anatomical gift;
(3) a parent of the donor, if the donor is an unemancipated minor; or
(4) the donor’s guardian.
Section 5. (a) A donor may make an anatomical gift:
(1) by authorizing a statement or symbol indicating that the donor has made an anatomical gift to be imprinted on the donor’s driver’s license or identification card;
(2) by a will;
(3) during a terminal illness or injury of the donor, by any form of communication addressed to at least 2 adults, at least 1 of whom shall be a disinterested witness; or
(4) as provided in subsection (b).
(b) A donor or other individual authorized to make an anatomical gift under section 4 may make a gift by a donor card or other record signed by the donor or other individual making the gift or by authorizing a statement or symbol indicating that the donor has made an anatomical gift to be included on a donor registry. If the donor or other individual is physically unable to sign a record, the record may be signed by another individual at the direction of the donor or other individual and such record shall:
(1) be witnessed by at least 2 adults, at least 1 of whom shall be a disinterested witness, who have signed at the request of the donor or other individual; and
(2) state that it has been signed and witnessed as provided in clause (1).
(c) Revocation, suspension, expiration or cancellation of a driver’s license or identification card upon which an anatomical gift has been indicated shall not invalidate the gift.
(d) An anatomical gift made by will shall take effect upon the donor’s death whether or not the will is probated. Invalidation of the will after the donor’s death shall not invalidate the gift.
Section 6. (a) Subject to section 8, a donor or other individual authorized to make an anatomical gift under section 4 may amend or revoke an anatomical gift by:
(1) a record signed by:
(i) the donor;
(ii) the other individual; or
(iii) subject to subsection (b), another individual acting at the direction of the donor or other individual if such donor or other individual is physically unable to sign; or
(2) a later-executed document of gift that amends or revokes a previous document of gift or portion of a document of gift, either expressly or by inconsistency.
(b) A record signed pursuant to subclause (iii) of clause (1) of subsection (a) shall:
(1) be witnessed by at least 2 adults, at least 1 of whom shall be a disinterested witness, who have signed at the request of the donor or other individual; and
(2) state that it has been signed and witnessed as provided in clause (1).
(c) Subject to section 8, a donor or other individual authorized to make an anatomical gift under section 4 may revoke an anatomical gift by the destruction or cancellation of the document of gift, or the portion of the document of gift used to make the gift, with the intent to revoke the gift.
(d) A donor may amend or revoke an anatomical gift that was not made in a will by any form of communication during a terminal illness or injury addressed to at least 2 adults, at least 1 of whom shall be a disinterested witness.
(e) A donor who makes an anatomical gift in a will may amend or revoke the gift in the manner provided for amendment or revocation of wills or as provided in subsection (a).
Section 7. (a) An individual may refuse to make an anatomical gift of the individual’s body or part by:
(1) a record signed by: (i) the individual; or (ii) subject to subsection (b), another individual acting at the direction of the individual if the individual is physically unable to sign;
(2) the individual’s will, whether or not the will is admitted to probate or invalidated after the individual’s death; or
(3) any form of communication made by the individual during the individual’s terminal illness or injury addressed to at least 2 adults, at least 1 of whom shall be a disinterested witness.
(b) A record signed pursuant to subclause (ii) of clause (1) of subsection (a) shall:
(1) be witnessed by at least 2 adults, at least 1 of whom shall be a disinterested witness, who have signed at the request of the individual; and
(2) state that it has been signed and witnessed as provided in clause (1).
(c) An individual who has made a refusal may amend or revoke the refusal:
(1) in the manner provided in subsection (a) for making a refusal;
(2) by subsequently making an anatomical gift pursuant to section 5 that is inconsistent with the refusal; or
(3) by destroying or canceling the record or portion thereof evidencing the refusal, with the intent to revoke the refusal.
(d) Except as otherwise provided in subsection (h) of section 8, in the absence of an express, contrary indication by the individual set forth in the refusal, an individual’s unrevoked refusal to make an anatomical gift of the individual’s body or part shall bar all other persons from making an anatomical gift of that individual’s body or part.
Section 8. (a) Except as otherwise provided in subsection (g) and subject to subsection (f), in the absence of an express, contrary indication by the donor, a person other than the donor shall be barred from making, amending or revoking an anatomical gift of a donor’s body or part if the donor made an anatomical gift of the donor’s body or part under section 5 or an amendment to an anatomical gift of the donor’s body or part under section 6.
(b) A donor’s revocation of an anatomical gift of the donor’s body or part under section 6 shall not be a refusal and shall not bar another person specified in section 4 or 9 from making an anatomical gift of the donor’s body or part under section 5 or 10.
(c) If an individual other than the donor makes an unrevoked anatomical gift of the donor’s body or part under section 5 or an amendment to an anatomical gift of the donor’s body or part under section 6, no other individual may make, amend or revoke the gift of the donor’s body or part under section 10.
(d) A revocation of an anatomical gift of a donor’s body or part under section 6 by a person other than the donor shall not bar another person from making an anatomical gift of the body or part under section 5 or 10.
(e) In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under section 4, an anatomical gift of a part is neither a refusal to give another part nor a limitation on the making of an anatomical gift of another part at a later time by the donor or another person.
(f) In the absence of an express, contrary indication by the donor or other individual authorized to make an anatomical gift under section 4, an anatomical gift of a part for 1 or more of the purposes set forth in said section 4 shall not operate as a limitation on the making of an anatomical gift of the part for any of the other purposes in said section 4 by the donor or other individual under section 5 or 10.
(g) If a donor who is an unemancipated minor dies, a parent of the donor who is reasonably available may revoke or amend an anatomical gift of the donor’s body or part.
(h) If an unemancipated minor who signed a refusal dies, a parent of the minor who is reasonably available may revoke the minor’s refusal.
Section 9. (a) Subject to subsections (b) and (c) and unless otherwise prohibited by section 7 or 8, an anatomical gift of a decedent’s body or part for transplantation, therapy, research or education may be made by any member of any of the following classes of individuals who is reasonably available, in the order of priority as specified below:
(1) an agent of the decedent at the time of death who could have made an anatomical gift under clause (2) of section 4 immediately before the decedent’s death;
(2) the spouse of the decedent;
(3) an adult child of the decedent;
(4) a parent of the decedent;
(5) an adult sibling of the decedent;
(6) an adult grandchild of the decedent;
(7) a grandparent of the decedent;
(8) an adult who exhibited special care and concern for the decedent;
(9) a person who was acting as a guardian of the person of the decedent at the time of death; and
(10) any other person having the authority to dispose of the decedent’s body.
(b) If there is more than 1 member of a class listed in clause (1), (3), (4), (5), (6), (7), (9) or (10) of subsection (a) who is entitled to make an anatomical gift, an anatomical gift may be made by a member of the class unless that member or a person to whom the gift may pass under section 11 knows of an objection by another member of the class. If an objection is known, the gift shall be made by a majority of the members of the class who are reasonably available.
(c) An individual shall not make an anatomical gift if, at the time of the decedent’s death, an individual in a prior class under subsection (a) is reasonably available to make or object to the making of an anatomical gift.
Section 10. (a) An individual authorized to make an anatomical gift under section 9 may make an anatomical gift by a document of gift signed by the individual making the gift or by that individual’s oral communication that is electronically recorded or is contemporaneously reduced to a record and signed by the individual receiving the oral communication.
(b) Subject to subsection (c), an anatomical gift by a person authorized in section 9 may be amended or revoked orally or in a record by any member of a prior class who is or becomes reasonably available after the execution of the document of gift. If more than 1 member of the prior class is or becomes reasonably available after the document of gift was executed, the gift made by an individual authorized under section 9 may be:
(1) amended only if a majority of the reasonably available members agree to amend of the gift; or
(2) revoked if a majority of the reasonably available members agree to the revoking of the gift or if the available members are equally divided as to whether to revoke the gift.
(c) A revocation under subsection (b) shall be effective only if the procurement organization, transplant hospital, physician or technician knows of the revocation before an incision has been made to remove a part from the donor’s body or before an invasive procedure has begun to prepare the recipient.
Section 11. (a) An anatomical gift may be made to the following persons named in the document of gift:
(1) a hospital, accredited medical school, dental school, college or university, organ procurement organization or other appropriate person, for research or education;
(2) subject to subsection (b), an individual designated by the person making the anatomical gift if the individual is designated as the recipient of the part;
(3) an eye bank or tissue bank.
(b) If an anatomical gift to an individual under clause (2) of subsection (a) cannot be transplanted into the individual, the part shall pass in accordance with subsection (g) in the absence of an express, contrary indication by the person making the anatomical gift.
(c) If an anatomical gift of 1 or more specific parts or of all parts is made in a document of gift that does not name a person described in subsection (a) but identifies the purpose for which an anatomical gift may be used, the following rules shall apply:
(1) if the part is an eye and the gift is for transplantation or therapy, the gift shall pass to the appropriate eye bank;
(2) if the part is tissue and the gift is for transplantation or therapy, the gift shall pass to the appropriate tissue bank;
(3) if the part is an organ and the gift is for transplantation or therapy, the gift shall pass to the appropriate organ procurement organization as custodian of the organ; and
(4) if the part is an organ, an eye, or tissue and the gift is for research or education, the gift shall pass to the appropriate procurement organization.
(d) For the purpose of subsection (c), if there is more than 1 purpose of an anatomical gift set forth in the document of gift but the purposes are not set forth in any priority, then the gift shall be used for transplantation or therapy, if suitable for such purposes. If the gift cannot be used for transplantation or therapy, the gift may be used for research or education.
(e) If an anatomical gift of 1 or more specific parts is made in a document of gift that does not name a person described in subsection (a) and does not identify the purpose of the gift, the gift shall pass in accordance with subsection (g) and the parts shall be used for transplantation or therapy if suitable but, if not suitable for those purposes, the parts may be used for research or education.
(f) If a document of gift specifies only a general intent to make an anatomical gift by words such as “donor”, “organ donor”, “body donor” or by a symbol or statement of similar import, the gift shall pass in accordance with subsection (g) and the parts shall be used for transplantation or therapy if suitable but, if not suitable for those purposes, the parts may be used for research or education.
(g) For the purposes of subsections (b), (e) and (f), the following rules shall apply:
(1) if the part is an eye, the gift shall pass to the appropriate eye bank;
(2) if the part is tissue, then the gift shall pass to the appropriate tissue bank;
(3) if the part is an organ, the gift shall pass to the appropriate organ procurement organization as custodian of the organ.
(h) An anatomical gift of an organ for transplantation or therapy, other than an anatomical gift under clause (2) of subsection (a), shall pass to the organ procurement organization as custodian of the organ.
(i) If an anatomical gift does not pass pursuant to subsections (a) to (h), inclusive, or the decedent’s body or part is not used for transplantation, therapy, research or education, custody of the body or part shall pass to the person under obligation to dispose of the body or part.
(j) A person shall not accept an anatomical gift if the person knows that the gift was not effectively made under section 5 or 10 or if the person knows that the decedent made a refusal under section 7 that was not revoked. For the purposes of this subsection, if a person knows that an anatomical gift was made on a document of gift, that person shall be deemed to know of any amendment or revocation of the gift or any refusal to make an anatomical gift on the same document of gift.
(k) Except as otherwise provided in clause (2) of subsection (a), nothing in this act shall affect the allocation of organs for transplantation or therapy.
Section 12. (a) The following persons shall make a reasonable search of an individual whom the person reasonably believes to be dead or near death for a document of gift or other information identifying the individual as a donor or as an individual who made a refusal:
(1) a law enforcement officer, firefighter, paramedic or other emergency personnel finding the individual; and
(2) if no other source of the information is immediately available, a hospital, as soon as practical after the individual’s arrival at the hospital.
(b) If a document of gift or a refusal to make an anatomical gift is located by the search required by clause (1) of subsection (a) and the individual or deceased individual to whom it relates is taken to a hospital, the person responsible for conducting the search shall send the document of gift or refusal to the hospital.
(c) A person shall not be subject to criminal or civil liability for failing to discharge the duties imposed by this section.
Section 13. (a) A document of gift need not be delivered during the donor’s lifetime to be effective.
(b) Upon or after an individual’s death, a person in possession of a document of gift or a refusal to make an anatomical gift with respect to the individual shall allow examination and copying of the document of gift or refusal by a person authorized to make or object to the making of an anatomical gift with respect to the individual or by a person to whom the gift could pass under section 11.
Section 14. (a) When a hospital refers an individual at or near death to a procurement organization, the organization shall make a reasonable search of the records of the Massachusetts Donor Registry and any other donor registry that it knows exists for the geographical area in which the individual resides to ascertain whether the individual has made an anatomical gift.
(b) Pursuant to section 20, a procurement organization shall be allowed reasonable access to information in the records of the registry of motor vehicles through the donor registry as set forth in section 8D of chapter 90 to ascertain whether an individual at or near death is a donor.
(c) When a hospital refers an individual at or near death to a procurement organization, the organization may conduct any reasonable examination necessary to assess the medical suitability of a part that is or could be the subject of an anatomical gift for transplantation, therapy, research or education from a donor or a prospective donor. During the examination period, measures necessary to maintain the potential medical suitability of the part shall not be withdrawn unless the hospital or procurement organization knows that the individual expressed a contrary intent.
(d) Unless prohibited by any other law, at any time after a donor’s death, the person to whom a part shall pass under section 11 may conduct any reasonable examination necessary to assess the medical suitability of the body or part for its intended purpose.
(e) Unless prohibited by any other law, an examination under subsection (c) or (d) may include, but shall not be limited, to premortem and postmortem serological and blood and tissue compatibility testing and an examination of all medical and dental records of the donor or prospective donor.
(f) Upon the death of a minor who was a donor or who had signed a refusal, the procurement organization shall conduct a reasonable search for the parents of the minor and provide the parents with an opportunity to revoke or amend the anatomical gift or revoke the refusal unless the procurement organization knows the minor was emancipated.
(g) Upon referral by a hospital under subsection (a), a procurement organization shall make a reasonable search for any person listed in section 9 having priority to make an anatomical gift on behalf of a prospective donor. If a procurement organization receives information that an anatomical gift to another person was made, amended or revoked, it shall promptly advise the other person of all relevant information.
(h) Subject to subsection (i) of section 11 and section 22, the rights of the person to whom a part shall pass under section 11 shall be superior to the rights of all others with respect to the part. That person may accept or reject an anatomical gift in whole or in part. Subject to the terms of the document of gift and this chapter, a person who accepts an anatomical gift of an entire body may allow embalming, burial or cremation and the use of remains in a funeral service. Upon the death of the donor and before embalming, burial or cremation, the person to whom a part shall pass under section 11 shall cause the part to be removed without unnecessary mutilation.
(i) Neither the physician who attends to the decedent at death nor the physician who determines the time of the decedent’s death may participate in the procedures for removing or transplanting a part from a decedent.
(j) A physician or technician may remove a donated part from the body of a donor that the physician or technician is qualified to remove.
Section 15. Each hospital shall enter into agreements or affiliations with procurement organizations for coordination of procurement and use of anatomical gifts.
Section 16. (a) Except as otherwise provided in subsection (b), a person who for valuable consideration, knowingly purchases or sells a part for transplantation or therapy if removal of such part from an individual is intended to occur after the individual’s death shall be punished by imprisonment in the state prison for not more than 5 years or in the house of correction for not more than 2½ years, or by a fine of not more than $50,000 or by both such fine and imprisonment.
(b) A person may charge a reasonable amount for the removal, processing, preservation, quality control, storage, transportation, implantation, or disposal of a part.
Section 17. A person who, in order to obtain a financial gain, intentionally falsifies, forges, conceals, defaces or obliterates a document of gift, an amendment or revocation of a document of gift or a refusal to make a gift shall be punished by imprisonment in the state prison for not more than 5 years or in a house of correction for not more than 2½ years or by a fine of not more than $50,000 or by both such fine and imprisonment.
Section 18. (a) A person who acts in accordance with this chapter or with the applicable anatomical gift law of another state or who attempts in good faith to do so, shall not be liable for the act in a civil action, criminal prosecution or administrative proceeding. Following a donor’s designation in a donor registry, a signed statement by a donor in an advanced directive or donor card shall be prima facie evidence of good faith.
(b) Neither the person making an anatomical gift nor the donor’s estate shall be liable for any injury or damage that results from the making or use of the gift.
(c) In determining whether an anatomical gift has been made, amended or revoked under this chapter, a person may rely upon representations of an individual listed in subsection (a) of section 9 relating to the individual’s relationship to the donor or prospective donor unless the person knows that the representation is false.
Section 19. (a) A document of gift shall be valid if executed in accordance with:
(1) this chapter;
(2) the laws of the state or country where it was executed; or
(3) the laws of the state or country where the person making the anatomical gift was domiciled, has a place of residence or was a national at the time the document of gift was executed.
(b) If a document of gift is valid under this section, then this chapter shall govern the interpretation of the document of gift.
(c) A person may presume that a document of gift or amendment of an anatomical gift is valid unless that person knows that it was not validly executed or was revoked.
Section 20. (a) The registry of motor vehicles shall maintain the donor registry as set forth in section 8D of chapter 90 to identify individuals who have authorized an anatomical gift at the time of issuance of drivers’ licenses, identification cards or renewals. The registrar may contract with qualified entities to assist with the continued development and maintenance of the donor registry and to secure grants from public and private sources and to receive and disburse funds which are assigned, donated or bequeathed to the registry of motor vehicles to cover the costs of the donor registry.
(b) A donor registry shall:
(1) provide a database that includes donors who have made anatomical gifts;
(2) provide a mechanism for an anatomical gift to be removed from the database;
(3) be accessible to a procurement organization to allow it to obtain relevant information on the donor registry to determine, at or near the death of the donor or a prospective donor, whether the donor or prospective donor has made an anatomical gift; and
(4) be accessible for purposes of clauses (1) to (3), inclusive, 7 days a week on a 24-hour basis.
(c) Personally identifiable information on a donor registry about a donor or prospective donor shall not be used or disclosed without the express consent of the donor, prospective donor or person that made the anatomical gift for any purpose other than to determine, at or near the death of the donor or prospective donor, whether the donor or prospective donor has made, amended or revoked an anatomical gift.
(d) This section shall not prohibit a person from creating or maintaining a donor registry that is not established by or under contract with the commonwealth; provided, however, that any such registry shall comply with subsections (b) and (c).
Section 21. (a) The chief medical examiner and the district attorneys shall cooperate with procurement organizations to maximize the opportunity to recover anatomical gifts for transplantation, therapy, research or education.
(b) The procurement organization authorized to remove an anatomical gift from a donor whose death is under investigation shall remove the donated part from the donor's body after giving notice to the chief medical examiner and the appropriate district attorney, or their respective designees, subject to this section. The chief medical examiner and the district attorney, or their respective designees, shall approve or deny removal of the anatomical gift within a time period that ensures the preservation of the anatomical gift for transplantation. Unless the district attorney objects, the procurement organization may transport the donor’s body for the removal of the anatomical gift consistent with this subsection; provided, however, that the procurement organization shall transport the donor’s body to the medical examiner’s facilities after removal of the anatomical gift when required. The chief medical examiner, or his designee, may permit the removal of the anatomical gift at the medical examiner's office. The chief medical examiner or district attorney, or their respective designees, shall be present during the removal of the anatomical gift if in their judgment such attendance would facilitate a donation that would otherwise be denied. In that case, the chief medical examiner or district attorney, or their respective designees, may request a biopsy or deny removal of the anatomical gift and shall explain the reasons for determining that those tissues or organs may be involved in the cause of death.
(c) No medical examiner, physician, procurement organization who acts or attempts to act in good faith in accordance with this section shall be liable for that act in a civil action or criminal proceeding.
Section 22. (a) The chief medical examiner shall release to the procurement organization such information as may be necessary to facilitate organ and tissue donation including, but not limited to, the name, contact information and available medical and social history of a decedent whose death has been reported pursuant to chapter 38. If the decedent’s body or part is medically suitable for transplantation or therapy, the medical examiner shall release the autopsy reports to the procurement organization; provided, however, that in the case of a suspicious death where the district attorney is controlling the investigation pursuant to said chapter 38, the chief medical examiner or his designee shall not release an autopsy report unless informed by the district attorney that the autopsy report may be released. The procurement organization may make a subsequent disclosure of the postmortem examination results or other information received from the medical examiner only as necessary to facilitate transplantation or therapy.
(b) The medical examiner may conduct a medicolegal examination by reviewing all medical records, laboratory test results, xrays, other diagnostic results and other information that any person may possess about a donor or prospective donor whose death has been reported pursuant to chapter 38 which the medical examiner determines may be relevant to the investigation.
(c) A person that has any information requested by a medical examiner pursuant to subsection (b) shall provide that information as expeditiously as possible to allow the medical examiner to conduct the medicolegal investigation within a period compatible with the preservation of parts for transplantation, therapy, research or education.
Section 23. An individual’s decision to make a donation of that individual’s own organ or tissue after death shall be complied with and shall not require the consent or concurrence of any other individual after the donor’s death. In the absence of a revocation or amendment, health care providers and procurement organizations shall act in accordance with the donor's decision and may take such appropriate actions as necessary to effect the anatomical gift.
Section 24. In applying and construing this chapter, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that have the uniform act or a similar law.
Section 25. Whenever authorized by federal law and as required by this chapter, this chapter shall modify, limit and supersede the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §7001 et seq., except 15 U.S.C. §7001(a); provided, however, that nothing in this chapter shall authorize electronic delivery of any of the notices described in 15 U.S.C. §7003(b).
Approved, February 22, 2012.