Introduced Version






HOUSE BILL No. 1156

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DIGEST OF INTRODUCED BILL



Citations Affected: IC 9-24-17 ; IC 29-2-16.

Synopsis: Anatomical gifts by minors. Provides that an individual who is at least 16 years of age may make an anatomical gift without the consent of the individual's parent or guardian.

Effective: July 1, 2003.





Pelath




    January 7, 2003, read first time and referred to Committee on Judiciary.







Introduced

First Regular Session 113th General Assembly (2003)


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. 1156



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

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

SOURCE: IC 9-24-17-2; (03)IN1156.1.1. -->     SECTION 1. IC 9-24-17-2 , AS AMENDED BY P.L.29-2000, SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 2. (a) The bureau shall verbally ask every individual who:
         (1) applies for a driver's license or an identification card issued under IC 9-24-16 ; and                            
        (2) is at least sixteen (16) years of age;

whether the individual desires to make an anatomical gift.
    (b) If the individual does desire to make an anatomical gift, the bureau shall assist the individual in completing the form by which the individual makes the gift.
SOURCE: IC 9-24-17-7; (03)IN1156.1.2. -->     SECTION 2. IC 9-24-17-7 , AS AMENDED BY P.L.29-2000, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 7. (a) Before an individual who is less than eighteen (18) years of age may make an anatomical gift, the bureau must obtain and document the consent required under section 8 of this chapter and the consent of the individual's parent or guardian.
    (b) The bureau may charge a fee to an individual making an anatomical gift under section 1 of this chapter. The fee must equal an amount necessary to cover the cost of making available a document that acknowledges the making of the gift.
SOURCE: IC 29-2-16-2; (03)IN1156.1.3. -->     SECTION 3. IC 29-2-16-2 , AS AMENDED BY P.L.29-2000, SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 2. (a) Any individual (1) of sound mind and eighteen (18) at least sixteen (16) 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) 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 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 29-2-16-10; (03)IN1156.1.4. -->     SECTION 4. IC 29-2-16-10 , AS AMENDED BY P.L.29-2000, SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 10. (a) As used in this section:
    "Administrator" means a hospital administrator or a hospital administrator's designee.
    "Gift" means a gift of all or any part of the human body made under this chapter.
    "Representative" means a person who is:
        (1) authorized under section 2(b) of this chapter to make a gift on behalf of a decedent; and
        (2) available at the time of the decedent's death when members of a prior class under section 2(b) of this chapter are unavailable.
    (b) An administrator of each hospital or the administrator's designee may ask each patient who is at least eighteen (18) sixteen (16) years of age if the patient is an organ or a tissue donor or if the patient desires to become an organ or a tissue donor.
    (c) The governing board of each hospital shall adopt procedures to determine under what circumstances an administrator or an administrator's designee may ask a patient if the patient is an organ or a tissue donor or if the patient desires to become an organ or a tissue donor.
    (d) The administrator shall inform the representative of the procedures available under this chapter for making a gift whenever:
        (1) an individual dies in a hospital;
        (2) the hospital has not been notified that a gift has been authorized under section 2 of this chapter; and
        (3) a physician determines that the individual's body may be suitable of yielding a gift.
    (e) If:
        (1) an individual makes an anatomical gift on the individual driver's license or identification card under IC 9-24-17 ; and
        (2) the individual dies;
the person in possession of the individual driver's license or identification card shall immediately produce the driver's license or identification card for examination upon request, as provided in section 5 of this chapter.
    (f) A gift made in response to information provided under this section must be documented as described under section 4(g) of this chapter.
    (g) When a representative is informed under this section about the

procedures available for making a gift, the fact that the representative was so informed must be noted in the decedent's medical record.
    (h) A person who fails to discharge the duties imposed by this section is not subject to criminal or civil liability but may be subject to administrative sanctions.