February 15, 2001
HOUSE BILL No. 1628
DIGEST OF HB 1628
(Updated February 13, 2001 12:07 PM - DI 106)
Citations Affected: IC 29-2; IC 34-30.
Synopsis: Anatomical gifts. Requires a family to honor a decedent's
anatomical gift donation and provides that the decedent's family does
not have legal standing to refuse to honor the wishes of the decedent to
make an anatomical gift donation unless the anatomical gift was
revoked by the decedent before the decedent's death or by a guardian
in the manner prescribed by law. Requires a hospital, surgeon, or
physician to honor a decedent's anatomical gift donation and inform the
decedent's family of the individual's donation. Provides immunity from
civil liability to a physician who follows a donor's anatomical gift
directive. Makes a conforming amendment.
Effective: July 1, 2001.
Welch, Budak, Grubb
January 17, 2001, read first time and referred to Committee on Judiciary.
February 14, 2001, amended, reported _ Do Pass.
February 15, 2001
First Regular Session 112th General Assembly (2001)
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HOUSE BILL No. 1628
A BILL FOR AN ACT to amend the Indiana Code concerning
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 29-2-16-2; (01)HB1628.1.1. -->
SECTION 1. IC 29-2-16-2, AS AMENDED BY P.L.29-2000,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]: Sec. 2. (a) Any individual:
(1) of sound mind and eighteen (18) years of age or more; or
(2) less than eighteen (18) years of age who obtains the consent
of the individual's parent or guardian as required under
may give all or any part of the individual's body for any purpose
specified in section 3 of this chapter, the gift to take effect upon death.
An individual may limit a gift made under this chapter or IC 9-24-17
to one (1) of the purposes specified in section 3 of this chapter. An
individual may refuse to make a gift of all or part of the individual's
(b) Except as provided in section 2.5 of this chapter,
any of the
following individuals, in order of priority stated when individuals in
prior classes are not available at the time of death, and in the absence
of actual notice of contrary indications by the decedent or actual notice
of opposition by a member of the same or a prior class, may give all or
any part of the decedent's body for any purpose specified in section 3
of this chapter:
(1) the spouse;
(2) a son or daughter, at least eighteen (18) years of age;
(3) either parent;
(4) a grandparent;
(5) a brother or sister, at least eighteen (18) years of age; or
(6) a guardian of the person of the decedent at the time of his
A gift made by an individual under this subsection may be revoked by
an individual in the same or prior class as the individual making the
gift, if the individual doing the removal of an organ receives notice of
the revocation before the organ is removed. A failure to make a gift
under this subsection is not an objection to the making of a gift, and an
individual in a subsequent class may make a gift under this subsection.
(c) If the donee has actual notice of contrary indications by the
decedent or that a gift by a member of a class
if is opposed by a
member of the same or a prior class, the donee shall not accept the gift.
The individuals authorized by subsection (b) may make the gift after or
immediately before death.
(d) A gift of all or part of a body authorizes any examination
necessary to assure medical acceptability of the gift for the purposes
(e) The rights of the donee created by the gift are paramount to the
rights of others except as provided by section 7(d) of this chapter.
SOURCE: IC 29-2-16-2.5; (01)HB1628.1.2. -->
SECTION 2. IC 29-2-16-2.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2001]: Sec. 2.5. (a) This section applies if:
(1) a donor makes an anatomical gift under this chapter or
IC 9-24-17; and
(2) the gift is not revoked by:
(A) the donor before the donor's death; or
(B) a guardian under section 11 of this chapter.
(b) The individuals described in section 2(b) of this chapter have
no legal standing or authority to:
(1) modify a deceased donor's gift of any part of the donor's
body as described in section 2 of this chapter; or
(2) prevent the anatomical gift from being made.
(c) A health care provider shall follow a donor's anatomical gift
directive under this chapter or IC 9-24-17, unless the gift has been
(d) The physician who tends the donor at the time of the donor's
death, or, if none, the physician who certifies the donor's death,
shall ensure that:
(1) the individuals set forth in section 2(b) of this chapter are
informed of the deceased donor's anatomical gift donation;
(2) the deceased donor's gift is honored.
(e) A health care provider is immune from civil liability for
following a donor's unrevoked anatomical gift directive under this
chapter or IC 9-24-17.
SOURCE: IC 29-2-16-4.5; (01)HB1628.1.3. -->
SECTION 3. IC 29-2-16-4.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 4.5. (a) A coroner may
release and permit the removal of a part from a body within the
coroner's custody, for transplantation or therapy only, if all of the
(1) The coroner receives a request for a part from a hospital,
physician, surgeon, or procurement organization.
(2) The coroner makes a reasonable effort, taking into account the
useful life of a part, to locate and examine the decedent's medical
records and inform individuals listed in section 2(b) of this
chapter of their option to make or object to making a gift under
(3) The coroner does not know of a refusal or contrary indication
by the decedent or an objection by an individual having priority
to act as listed in section 2(b) of this chapter.
(4) The removal will be by:
(A) a physician licensed under IC 25-22.5; or
(B) in the case of removal of an eye or part of an eye, by an
individual described in section 4(e) of this chapter and under
(5) The removal will not interfere with any autopsy or
(6) The removal will be in accordance with accepted medical
(7) Cosmetic restoration will be done, if appropriate.
(b) If the body is not within the custody of the coroner, the medical
examiner may release and permit the removal of any part from a body
in the medical examiner's custody for transplantation or therapy if the
requirements of subsection (a) are met.
(c) A person under this section who releases or permits the removal
of a part shall maintain a permanent record of the name of the
decedent, the individual making the request, the date and purpose of
the request, the body part requested, and the person to whom it was
SOURCE: IC 34-30-2-117.5; (01)HB1628.1.4. -->
SECTION 4. IC 34-30-2-117.5 IS ADDED TO THE INDIANA
CODE AS A NEW
SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]: Sec. 117.5. IC 29-2-16-2.5 (Concerning
health care provider immunity and anatomical gifts).