Amends TCA Title 32; Title 63 and Title 68.

This bill requires the individual that signs the death certificate of a decedent to ask whether the family or other appropriate individual wants to make an anatomical gift of the decedent's body or part; and prohibits a procurement organization from contacting the family or other appropriate individual if the family or other appropriate individual refused to make an anatomical gift of the decedent's body or part, as described below.<br /> <br /> Present law authorizes an individual to refuse to make an anatomical gift of the individual's body or part by a writing signed in the same manner as a document of gift or any other writing used to identify the individual as refusing to make an anatomical gift, and authorizes a terminal patient to refuse to make an anatomical gift by oral statement or other form of communication.<br /> <br /> This bill adds that if an individual or terminal patient has refused to make an anatomical gift of the individual or terminal patient's body or part, then the signed writing by the individual or attestation to the terminal patient's oral statement or other form of communication bars another person from making or amending an anatomical gift of the individual or terminal patient's body or part.<br /> <br /> This bill requires the physician, coroner, or medical examiner who signs the death certificate of the decedent to ask a person specified by law if the person wants to make an anatomical gift of the decedent's body or part, as long as the person is not barred from making or amending an anatomical gift of a decedent's body or part.<br /> <br /> If the person refuses to make an anatomical gift of the decedent's body or part, then this bill requires the physician, coroner, or medical examiner, or an agent of the physician, coroner, or medical examiner who signs the death certificate, including a registered nurse or advanced practice registered nurse, to:<br /> <br /> (1) Make a written note of the refusal, which must be available to the hospital or facility to which the decedent was taken and serves as notice to the hospital or facility that the hospital or facility is prohibited from referring the decedent to a procurement organization; and<br /> <br /> (2) Not delay release of a decedent's body to allow a procurement organization time to contact the person who refused to make an anatomical gift of the decedent's body or part, or another person specified by law.<br /> <br /> This bill prohibits a procurement organization from contacting:<br /> <br /> (1) A person who refused to make an anatomical gift of a decedent's body or part;<br /> <br /> (2) A person otherwise specified by law in relation to a decedent for whom there is a documented refusal to make an anatomical gift of the decedent's body or part; or<br /> <br /> (3) A person specified by law, if the decedent refused to make an anatomical gift of the decedent's body or part and there is a signed writing or attestation to an oral statement or other form of communication by the decedent made in accordance with law.<br /> <br /> This bill authorizes a person contacted in violation of the above prohibitions to file a complaint with the department of health. If the department of health finds that the procurement organization or physician, coroner, medical examiner, or agent of the physician, coroner, or medical examiner violated the prohibition, then the department must assess each party that violated the prohibition a civil penalty of $500.<br /> <br /> Generally, under present law, an anatomical gift of a decedent's body or part for purpose of transplantation, therapy, research, or education may be made by any member of the following classes of persons who is reasonably available, in the order of priority listed:<br /> <br /> (1) A guardian or conservator of the person of the decedent at the time of death, if the court order authorizes the guardian or conservator to make healthcare decisions;<br /> <br /> (2) An agent;<br /> <br /> (3) The spouse of the decedent;<br /> <br /> (4) Adult children of the decedent;<br /> <br /> (5) Parents of the decedent;<br /> <br /> (6) Adult siblings of the decedent;<br /> <br /> (7) Adult grandchildren of the decedent;<br /> <br /> (8) Grandparents of the decedent;<br /> <br /> (9) A surrogate identified pursuant to law;<br /> <br /> (10) An adult who exhibited special care and concern for the decedent; and<br /> <br /> (11) Any other person having the authority to dispose of the decedent's body.<br /> <br /> Present law further provides that if there is more than one member of a class listed in (4), (5), (6), (7) or (8) entitled to make an anatomical gift, then an anatomical gift may be made by a member of the class, unless that member or a person to which the gift may pass under law knows of an objection by another member of the class. If an objection is known, the gift may be made only by a majority of the members of the class who are reasonably available.<br /> <br /> Present law prohibits a person from making an anatomical gift if, at the time of the decedent's death, a person in a prior class under the above list is reasonably available to make or to object to the making of an anatomical gift.<br /> <br /> This bill further prohibits a person listed in (1)-(11) from making an anatomical gift of the body or a part of the decedent if the decedent refused to make an anatomical gift of the decedent's body or part and there is a signed writing or attestation to an oral statement or other form of communication by the decedent made in accordance with law.<br />