Introduced Version






HOUSE BILL No. 1628

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DIGEST OF INTRODUCED BILL



Citations Affected: IC 29-2-16.

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standing to refuse to honor the wishes of the decedent to make an anatomical gift donation unless the anatomical gift was revoked by the decedent before the decedent's death or by a guardian in the manner prescribed by law.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.

Effective: July 1, 2001.





Welch, Budak, Grubb




    January 17, 2001, read first time and referred to Committee on Judiciary.







Introduced

First Regular Session 112th General Assembly (2001)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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HOUSE BILL No. 1628



    A BILL FOR AN ACT to amend the Indiana Code concerning health.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 29-2-16-2; (01)IN1628.1.1. -->     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 IC 9-24-17-7 ;
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 body.
    (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 death.
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 intended.
    (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)IN1628.1.2. -->     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 hospital, surgeon, or physician shall honor a deceased donor's anatomical gift under this chapter or IC 9-24-17 , unless the gift has been revoked.
    (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; and
        (2) the deceased donor's gift is honored.

SOURCE: IC 29-2-16-4.5; (01)IN1628.1.3. -->     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 following occur:
        (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 this chapter.
        (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 IC 36-2-14-19.
        (5) The removal will not interfere with any autopsy or investigation.
        (6) The removal will be in accordance with accepted medical standards.
        (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 released.