Citations Affected: IC 4-15; IC 9-24; IC 29-2; noncode.
Synopsis: Leave for organ or bone marrow donation. Allows a state
employee of the executive branch to take a paid leave of absence for
the purpose of being an organ donor or bone marrow donor. Provides
that an anatomical gift is made if a person acknowledges on the
application form for a driver's license or identification card that the
person is making an anatomical gift.
Effective: July 1, 2002.
January 8, 2002, read first time and referred to Committee on Ways and Means.
January 9, 2002, reassigned to Committee on Public Policy, Ethics and Veterans Affairs.
January 24, 2002, amended, reported _ Do Pass.
A BILL FOR AN ACT to amend the Indiana Code concerning state
offices and administration.
is employed full time by a state agency.
Sec. 5. As used in this chapter, "organ" means a lung, a kidney, or another organ that requires the continuous circulation of blood to remain useful for purposes of transplantation.
Sec. 6. As used in this chapter, "state agency" means an authority, a board, a branch, a commission, a committee, a department, a division, or another instrumentality of state government. The term does not include the following:
(1) A state educational institution (as defined in IC 20-12-0.5-1).
(2) A state elected official's office.
(3) The legislative and judicial branches of state government.
(4) The state police department.
Sec. 7. If an employee of a state agency:
(1) requests a leave of absence from the employee's agency so that the employee may serve as a bone marrow donor; and
(2) provides the employee's agency with written verification by a physician that the employee is to serve as a bone marrow donor;
the state agency shall grant the employee a leave of absence of not more than five (5) work days, as determined by the attending physician, during which the employee may serve as a bone marrow donor.
Sec. 8. If an employee of a state agency:
(1) requests a leave of absence from the employee's agency so that the employee may serve as a human organ donor; and
(2) provides the employee's agency with written verification by a physician that the employee is to serve as a human organ donor;
the state agency shall grant the employee a leave of absence of not more than thirty (30) work days, as determined by the attending physician, during which the employee may serve as a human organ donor.
Sec. 9. (a) An employee who is granted a leave of absence under this chapter is entitled to receive the employee's regular salary without interruption during the leave of absence.
(b) A leave of absence granted to an employee under this chapter is in addition to vacation days, sick days, personal days, and compensatory time that the employee accrues.
(c) An employee's service shall be considered uninterrupted by a leave of absence under this chapter for purposes of determining the following:
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 4. (a) A gift of all or part of the body under
section 2(a) of this chapter may be made by will. The gift becomes
effective upon the death of the testator without waiting for probate. If
the will is not probated, or if it is declared invalid for testamentary
purposes, the gift, to the extent that it has been acted upon in good
faith, is nevertheless valid and effective.
(b) A gift of all or part of the body under section 2(a) of this chapter may also be made by document other than a will. The gift becomes effective upon the death of the donor. The document, which may be a card designed to be carried on the person, must be signed by the donor. Except as provided in IC 9-24-17-8, if the donor cannot sign, the document may be signed by another for the donor:
(1) at the donor's direction and in the donor's presence; and
(2) in the presence of two (2) witnesses who must sign the document in the donor's presence and each other's presence.
The document must state that it has been signed in accordance with this subsection. Delivery of the document of gift during the donor's lifetime is not necessary to make the gift valid.
(c) The gift may be made to a specified donee or without specifying a donee. If the latter, the gift may be accepted by the attending physician as donee upon or following death. If the gift is made to a specified donee who is not available at the time and place of death, the attending physician upon or following death, in the absence of any expressed indication that the donor desired otherwise, may accept the gift as donee. The gift of an eye or part of an eye made without specifying a donee, or made to a donee who is not available at the time and place of death and without an expression of a contrary desire, may be accepted by the attending physician as donee on behalf of an eye bank in Indiana. The physician who becomes a donee under this subsection shall not participate in the procedures for removing or transplanting a part.
(d) Notwithstanding section 7(b) of this chapter, the donor may designate in his will, card, or other document of gift the surgeon or physician to carry out the appropriate procedures. In the absence of a designation or if the designee is not available, the donee or other person authorized to accept the gift may employ or authorize any surgeon or physician for the purpose.
(e) After proper certification of death by a physician and compliance with the intent of the gift as determined by reference to this chapter:
(1) with respect to a gift of an eye or part of an eye, including the cornea or corneal tissue, the eye or part of the eye may be
removed for the gift by:
(A) a physician licensed under IC 25-22.5; or
(B) an individual who is registered with the medical licensing board as a corneal excision technician; or
(2) with respect to a gift of a whole eye, the eye may be removed for the gift by:
(A) a physician licensed under IC 25-22.5;
(B) an individual who is registered with the medical licensing board as a corneal excision technician;
(C) an embalmer or a funeral director who, before September 1, 1983, completed a course in eye enucleation and was certified as competent to enucleate eyes by an accredited school of medicine; or
(D) an individual who is registered with the medical licensing board as an eye enucleator.
(f) A person who, in good faith reliance upon a will, card, or other document of gift, and without actual notice of the amendment, revocation, or invalidity of the will, card, or document:
(1) takes possession of a decedent's body or performs or causes to be performed surgical operations upon a decedent's body; or
(2) removes or causes to be removed organs, tissues, or other parts from a decedent's body;
is not liable in damages in any civil action brought against the donor for that act.
(g) Any gift by a person designated in section 2(b) of this chapter shall be made by a document signed by the donor or made by the donor's telegraphic, recorded telephonic, or other recorded message.
(h) An individual may refuse to make a gift under this chapter or IC 9-24-17 of all or part of the individual's body by any of the following methods:
(1) A writing signed in the same manner as a document under subsection (b).
(2) A written statement attached to or imprinted on a person's
anatomical gift card received from the bureau of motor vehicles
under IC 9-24-17 and signed in the same manner as a gift under
(3) (2) Any writing used to identify the individual as refusing to
make an anatomical gift under this chapter.
During a terminal illness or injury, the refusal may be an oral statement or other form of communication.
(i) In the absence of a contrary indication by an individual, a gift under this chapter of a part of the individual's body is neither a refusal
to give other parts of the body nor a limitation to give only part of the
body under this chapter or IC 9-24-17.
(j) In the absence of a contrary indication by an individual, a revocation or an amendment under section 6 of this chapter is not a refusal to make another gift under this chapter. If an individual intends a revocation to be a refusal to make a gift under this chapter, the individual must make the refusal in accordance with subsection (h).
(k) A gift under this chapter or IC 9-24-17 that is not revoked before the donor dies is irrevocable.
If a document of gift is attached to or imprinted on a donor's
motor vehicle driver's license or identification card issued under
IC 9-24-16, the document of gift must comply with this section.
Revocation, suspension, or cancellation of the license or expiration of
the license or identification card does not invalidate the anatomical gift.
(m) An anatomical gift is valid if the person acknowledges the making of the anatomical gift by signing an application form for a driver's license or an identification card under IC 9-24-17-8. No other acknowledgment is required to make an anatomical gift.