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.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that
adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles
conflicts between statutes enacted by the 2006 Regular Session of the General Assembly.
Be it enacted by the General Assembly of the State of Indiana:
Indiana Donation Alliance Foundation and Donate Life Indiana for
the purpose of implementing an organ, tissue, and marrow registry and
to promote organ, tissue, and marrow donation.
(e) The Indiana Donation Alliance Foundation and Donate Life
Indiana shall keep information regarding the identity of an individual
who has indicated a desire to make an organ or tissue donation
confidential.
(f) The Indiana Donation Alliance Foundation and Donate Life
Indiana shall submit an annual report, including a list of all
expenditures, to the chairperson of the:
(1) legislative council;
(2) senate health committee; and
(3) house public health committee;
before January March 15. The report must be in an electronic format
under IC 5-14-6.
(g) Money in the fund at the end of a state fiscal year does not revert
to the state general fund.
(h) This subsection applies if the Indiana Donation Alliance
Foundation or Donate Life Indiana
(1) loses its status as an organization exempt from federal income
taxation under Section 501(c)(3) of the Internal Revenue Code. or
(2) ceases its affiliation with at least three (3) of the following
organizations:
(A) American Red Cross Tissue Service.
(B) Children's Organ Transplant Association.
(C) Community Tissue Services.
(D) Indiana Lions Eye & Tissue Transplant Bank.
(E) Indiana Organ Procurement Organization.
(F) St. Joseph Hospital Tissue Bank and Indiana Cardiac
Retrieval.
The Indiana Donation Alliance Foundation and Donate Life Indiana
shall report in an electronic format under IC 5-14-6 to the chairpersons
of the senate standing committee, as determined by the president pro
tempore of the senate, and the house standing committee, as
determined by the speaker of the house of representatives, that have
subject matter jurisdiction over health issues. The chairpersons shall
review the report and recommend to the state department whether to
continue distributions under subsection (d).
(i) This section expires July 1, 2007. 2012.
SECTION 4. IC 16-19-3-29 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2007]: Sec. 29. The state department shall compile and make
available for public inspection records of a coroner or designee
denying recovery of an anatomical gift as described in
IC 36-2-14-22.6(f) and IC 36-2-14-22.6(g).
SECTION 5. IC 16-41-12-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 2. As used in this
chapter, "bank" has the meaning set forth in IC 29-2-16-1.
IC 29-2-16.1-1.
SECTION 6. IC 16-41-12-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 6. As used in this
chapter, "hospital" has the meaning set forth in IC 29-2-16-1.
IC 29-2-16.1-1.
SECTION 7. IC 16-41-12-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 7. As used in this
chapter, "physician" has the meaning set forth in IC 29-2-16-1.
IC 29-2-16.1-1.
SECTION 8. IC 16-41-12-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 9. As used in this
chapter, "storage facility" has the meaning set forth in IC 29-2-16-1.
IC 29-2-16.1-1.
SECTION 9. IC 16-41-12-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 10. As used in this
chapter, "surgeon" has the meaning set forth in IC 29-2-16-1.
IC 29-2-16.1-1.
SECTION 10. IC 21-44-1-4, AS ADDED BY SEA 526-2007,
SECTION 285, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 4. "Cadaver" means a whole human
postmortem body that:
(1) has been donated under IC 29-2-16; IC 29-2-16.1;
(2) is unclaimed by a relative or other legal representative and
that would otherwise be required to be buried at public expense;
or
(3) is otherwise legally procured by the Indiana University School
of Medicine.
SECTION 11. IC 21-44-2-1, AS ADDED BY SEA 526-2007,
SECTION 285, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 1. (a) The dean of the Indiana
University School of Medicine or the dean's designee shall administer
the anatomical education program in accordance with policies adopted
by the dean or the dean's designee under section 2(1) of this chapter.
(b) In administering the anatomical education program, the dean or
the dean's designee shall:
(1) administer body bequests made to eligible institutions under
IC 29-2-16; IC 29-2-16.1; and
(2) maintain written records of all transactions undertaken under
the anatomical education program.
(c) In administering the anatomical education program, the dean or
the dean's designee may through the trustees of Indiana University:
(1) enter into contracts; and
(2) employ qualified staff either on a full-time or part-time basis,
including a licensed funeral director to assist in the operation and
coordination of the anatomical education program.
SECTION 12. IC 29-2-16.1 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]:
Chapter 16.1. Revised Uniform Anatomical Gift Act
Sec. 1. The following definitions apply throughout this chapter:
(1) "Adult" means an individual at least eighteen (18) years of
age.
(2) "Agent" means an individual who is:
(A) authorized to make health care decisions on behalf of
another person by a health care power of attorney; or
(B) expressly authorized to make an anatomical gift on
behalf of another person by a document signed by the
person.
(3) "Anatomical gift" means a donation of all or part of a
human body to take effect after the donor's death for the
purpose of transplantation, therapy, research, or education.
(4) "Bank" or "storage facility" means a facility licensed,
accredited, or approved under the laws of any state for
storage of human bodies or parts of human bodies.
(5) "Decedent":
(A) means a deceased individual whose body or body part
is or may be the source of an anatomical gift; and
(B) includes:
(i) a stillborn infant; and
(ii) except as restricted by any other law, a fetus.
(6) "Disinterested witness" means an individual other than a
spouse, child, sibling, grandchild, grandparent, or guardian
of the individual who makes, amends, revokes, or refuses to
make an anatomical gift or another adult who exhibited
special care and concern for the individual. This term does
not include a person to whom an anatomical gift could pass
under section 10 of this chapter.
(7) "Document of gift" means a donor card or other record
used to make an anatomical gift, including a statement or
symbol on a driver's license, identification, or donor registry.
(8) "Donor" means an individual whose body or body part is
the subject of an anatomical gift.
(9) "Donor registry" means:
(A) a data base maintained by:
(i) the bureau of motor vehicles under IC 9-24-17-9; or
(ii) the equivalent agency in another state;
(B) the Donate Life Indiana Registry maintained by the
Indiana Donation Alliance Foundation; or
(C) a donor registry maintained in another state;
that contains records of anatomical gifts and amendments to
or revocations of anatomical gifts.
(10) "Driver's license" means a license or permit issued by the
bureau of motor vehicles to operate a vehicle.
(11) "Eye bank" means a person that is licensed, accredited,
or regulated under federal or state law to engage in the
recovery, screening, testing, processing, storage, or
distribution of human eyes or portions of human eyes.
(12) "Guardian" means an individual appointed by a court to
make decisions regarding the support, care, education, health,
or welfare of an individual. The term does not include a
guardian ad litem.
(13) "Hospital" means a facility licensed as a hospital under
the laws of any state or a facility operated as a hospital by the
United States, a state, or a subdivision of a state.
(14) "Identification card" means an identification card issued
by the bureau of motor vehicles.
(15) "Minor" means an individual under eighteen (18) years
of age.
(16) "Organ procurement organization" means a person
designated by the Secretary of the United States Department
of Health and Human Services as an organ procurement
organization.
(17) "Parent" means an individual whose parental rights have
not been terminated.
(18) "Part" means an organ, an eye, or tissue of a human
being. The term does not mean a whole body.
donor has made an anatomical gift to be imprinted on the
donor's driver's license or identification card;
(2) in a will;
(3) during a terminal illness or injury of the donor, by any
form of communication directed to at least two (2) adults, at
least one (1) of whom is a disinterested witness; or
(4) as provided in subsection (b).
(b) A donor or other person authorized to make an anatomical
gift under section 3 of this chapter may make a gift by:
(1) a donor card or other record signed by the donor or other
person making the gift; or
(2) authorizing that a statement or symbol indicating that the
donor has made an anatomical gift be included on a donor
registry.
(c) If the donor or other person is physically unable to sign a
record, the record may be signed by another individual at the
direction of the donor or other person and must:
(1) be witnessed by at least two (2) adults, at least one (1) of
whom is a disinterested witness, who have signed at the
request of the donor or the other person; and
(2) state that it has been signed and witnessed as provided in
subdivision (1).
(d) Revocation, suspension, expiration, or cancellation of:
(1) a driver's license; or
(2) an identification card;
that indicates an anatomical gift does not invalidate the gift.
(e) An anatomical gift made by will takes effect upon the donor's
death whether or not the will is probated. Invalidation of the will
after the donor's death does not invalidate the gift.
Sec. 5. (a) Subject to section 7 of this chapter, a donor or other
person authorized to make an anatomical gift under section 3 of
this chapter may amend or revoke an anatomical gift by:
(1) a record signed by:
(A) the donor;
(B) the other person; or
(C) subject to subsection (b), another individual acting at
the direction of the donor or the other person authorized
to make an anatomical gift if the donor or other person is
physically unable to sign; or
(2) a later executed document of gift that amends or revokes
a previous anatomical gift or portion of an anatomical gift,
either expressly or by inconsistency.
(b) A record signed under subsection (a)(1)(C) must:
(1) be witnessed by two (2) adults, at least one (1) of whom is
a disinterested witness, who are witnesses at the request of the
donor or the other person authorized to make an anatomical
gift; and
(2) state that the record has been signed and witnessed as
described in subdivision (1).
(c) Subject to section 7 of this chapter, a donor or other person
authorized to make an anatomical gift under section 3 of this
chapter may revoke an anatomical gift by the destruction or
cancellation of the:
(1) document of gift; or
(2) portion of the document of gift used to make the gift;
with the intent to revoke the gift.
(d) A donor may amend or revoke an anatomical gift that was
not made in a will by any form of communication during a
terminal illness or injury addressed to at least two (2) adults, at
least one (1) of whom is a disinterested witness.
(e) A donor who makes an anatomical gift in a will may amend
or revoke the gift as described in subsection (a).
Sec. 6. (a) An individual may refuse to make an anatomical gift
of the individual's body or part by:
(1) a record signed by:
(A) the individual; or
(B) subject to subsection (b), another individual acting at
the direction of the individual if the individual is physically
unable to sign;
(2) the individual's will, including if the will is admitted to
probate or invalidated after the individual's death; or
(3) any form of communication made by the individual during
the individual's terminal illness or injury to at least two (2)
adults, and one (1) of the adults must be a disinterested
witness.
(b) A record signed under subsection (a)(1)(B) must:
(1) be witnessed by two (2) adults, at least one (1) of whom is
a disinterested witness, who are witnesses at the request of the
donor or the other person acting at the direction of the donor;
and
(2) state that the record has been signed and witnessed as
described in subdivision (1).
anatomical gift of another part at a later time by the donor or
another person.
(f) In the absence of an express, contrary indication by the
donor or other person authorized to make an anatomical gift under
section 3 of this chapter, an anatomical gift of a part for one (1) or
more of the purposes set forth in section 3 of this chapter is not a
limitation on the making of an anatomical gift of the part for any
of the other purposes of the donor or any other person under
section 4 or 9 of this chapter.
(g) If a donor who is an unemancipated minor dies, a parent of
the donor who is reasonably available may revoke or amend an
anatomical gift of the donor's body or part.
(h) If an unemancipated minor who signed a refusal dies, a
parent of the minor who is reasonably available may revoke the
minor's refusal.
Sec. 8. (a) Subject to subsections (b) and (c), unless barred by
section 6 or 7 of this chapter, an anatomical gift of a decedent's
body or part for the purpose of transplantation, therapy, research,
or education may be made by any member of the following classes
of persons who are reasonably available, in the order of priority
listed:
(1) An agent of the decedent at the time of death who could
have made an anatomical gift under section 3(2) of this
chapter immediately before the decedent's death.
(2) The spouse of the decedent.
(3) Adult children of the decedent.
(4) Parents of the decedent.
(5) Adult siblings of the decedent.
(6) Adult grandchildren of the decedent.
(7) Grandparents of the decedent.
(8) An adult who exhibited special care and concern for the
decedent.
(9) A person acting as the guardian of the decedent at the time
of death.
(10) Any other person having the authority to dispose of the
decedent's body.
(b) If there is more than one (1) member of a class listed in
subsection (a)(1), (a)(3), (a)(4), (a)(5), (a)(6), (a)(7), or (a)(9)
entitled to make an anatomical gift, an anatomical gift may be
made by a member of the class unless that member or a person to
whom the gift may pass under section 10 of this chapter 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.
(c) A person may not make an anatomical gift if, at the time of
the decedent's death, a person in a prior class under subsection (a)
is reasonably available to make or to object to the making of an
anatomical gift.
Sec. 9. (a) A person authorized to make an anatomical gift under
section 8 of this chapter may make an anatomical gift by a
document or may make an anatomical gift by a document of gift
signed by the person making the gift or by that person's oral
communication that is electronically recorded or is
contemporaneously reduced to a record and signed by the
individual receiving the oral communication.
(b) Subject to subsection (c), an anatomical gift by a person
authorized under section 8 of this chapter may be amended or
revoked orally or in a record by any member of a prior class who
is reasonably available. If more than one (1) member of the prior
class is reasonably available, the gift made by a person authorized
under section 8 of this chapter may be:
(1) amended only if a majority of the reasonably available
members agree to the amending of the gift; or
(2) revoked only if a majority of the reasonably available
members agree to the revoking of the gift or if they are
equally divided as to whether to revoke the gift.
(c) A revocation under subsection (b) is effective only if, before
an incision has been made to remove a part from the donor's body
or before invasive procedures have begun to prepare the recipient,
the procurement organization, transplant hospital, or physician or
technician knows of the revocation.
Sec. 10. (a) An anatomical gift may be made to the following
persons named in the document of gift:
(1) A hospital.
(2) An accredited medical school, dental school, college, or
university.
(3) An organ procurement organization.
(4) An appropriate person for research or education.
(5) Subject to subsection (b), an individual designated by the
person making the anatomical gift if the individual is the
recipient of the part.
(6) An eye bank.
but the purposes are not set forth in any priority, the gift must be
used for transplantation or therapy, if suitable. If the gift cannot
be used for transplantation or therapy, the gift may be used for
research or education.
(e) If an anatomical gift of one (1) or more specific parts is made
in a document of gift that does not name a person described in
subsection (a) and does not identify the purpose of the gift, the gift
may be used only for transplantation, research, or therapy, and the
gift passes in accordance with subsection (g).
(f) If a document of gift specifies only a general intent to make
an anatomical gift by words such as "donor", "organ donor", or
"body donor", or by a symbol or statement of similar import, the
gift may be used only for transplantation, research, or therapy, and
the gift passes in accordance with subsection (g).
(g) For purposes of subsections (b), (e), and (f), the following
rules apply:
(1) If the part is an eye, the gift passes to the appropriate eye
bank.
(2) If the part is tissue, the gift passes to the appropriate tissue
bank.
(3) If the part is an organ, the gift passes to the appropriate
organ procurement organization as custodian of the organ.
(h) An anatomical gift of an organ for transplantation, therapy,
or research, other than an anatomical gift under subsection (a)(2),
passes to the organ procurement organization as custodian of the
organ.
(i) If an anatomical gift does not pass pursuant to subsections (a)
through (h) or the decedent's body or part is not used for
transplantation, therapy, research, or education, custody of the
body or part passes to the person under obligation to dispose of the
body or part.
(j) A person may not accept an anatomical gift if the person
knows that the:
(1) gift was not effectively made under section 4 or 9 of this
chapter; or
(2) decedent made a refusal under section 6 of this chapter
that was not revoked.
(k) For purposes of subsection (j), if a person knows that an
anatomical gift was made on a document of gift, the person is
considered to know of any amendment or revocation of the gift or
any refusal to make an anatomical gift on the same document of
gift.
(l) If the gift is made by the donor to a specified donee, the will,
card, or other document, or an executed copy thereof, may be
delivered to the donee to expedite the appropriate procedures
immediately after death. Delivery is not necessary to the validity of
the gift. The will, card, or other document, or an executed copy
thereof, may be deposited in any hospital, bank or storage facility,
or registry office that accepts it for safekeeping or for facilitation
of procedures after death. On request of any interested party upon
or after the donor's death, the person in possession shall produce
the document for examination.
(m) If the will, card, or other document, or executed copy
thereof, has been delivered to a specified donee, the donor may
amend or revoke the gift by:
(1) the execution and delivery to the donee of a signed
statement;
(2) an oral statement made in the presence of two (2) persons
and communicated to the donee;
(3) a statement during a terminal illness or injury addressed
to an attending physician and communicated to the donee; or
(4) a signed card or document found on the decedent's person
or in the decedent's effects.
(n) Any document of gift which has not been delivered to the
donee may be revoked by the donor in the manner set out in
subsection (m) or by destruction, cancellation, or mutilation of the
document and all executed copies thereof.
(o) Any gift made by a will may also be amended or revoked in
the manner provided for amendment or revocation of wills, or as
provided in subsection (m).
(p) Except as otherwise provided in subsection (a)(2), this
chapter does not affect the allocation of organs for transplantation
or therapy.
Sec. 11. (a) The following persons shall make a reasonable
search of an individual who the person reasonably believes is dead
or near death in a hospital for a document of gift or other
information identifying the individual as a donor or as an
individual who made a refusal:
(1) An organ procurement organization.
(2) A tissue bank.
(3) An eye bank.
(4) If no other source of the information is immediately
available, a hospital, as soon as practical after the individual's
arrival at the hospital.
(b) If a document of gift or a refusal to make an anatomical gift
is located by the search required by subsection (a) and the
individual or deceased individual to whom it relates is taken to a
hospital, the person responsible for conducting the search shall
send the document of gift or refusal to the hospital.
(c) A person is not subject to civil liability for failing to
discharge the duties imposed by this section but may be subject to
criminal liability or administrative sanctions.
Sec. 12. (a) The individual's attending physician, or, if none, the:
(1) physician that certifies the individual's death;
(2) hospital where the individual is admitted;
(3) hospital where the individual's remains are being kept; or
(4) individual identified in section 8(a) of this chapter;
may petition a court with probate jurisdiction in the county where
the remains of the individual who is the subject of the petition are
located, or the county in which the individual died, for the
information referred to in subsection (b).
(b) A person identified in subsection (a) may petition the court
with probate jurisdiction specified in subsection (a) to determine
whether the individual:
(1) made a written anatomical gift under section 4 of this
chapter or IC 9-24-17; or
(2) made a written revocation of an anatomical gift under
section 5 of this chapter or under IC 9-24-17.
(c) If the court with probate jurisdiction determines under
subsection (b) that the individual made a written anatomical gift
that was not subsequently revoked in writing by the individual, the
court shall order that the anatomical gift of an organ, tissue, or an
eye be recovered.
(d) The court with probate jurisdiction may modify or waive
notice and a hearing if the court determines that a delay would
have a serious adverse effect on:
(1) the medical viability of the individual; or
(2) the viability of the individual's anatomical gift of an organ,
tissue, or an eye.
Sec. 13. (a) As used in this section:
(1) "Administrator" means a hospital administrator or a
hospital administrator's designee.
(2) "Gift" means a gift of all or any part of the human body
made under this chapter.
(3) "Representative" means a person who is:
(1) authorized under section 8 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 8 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) 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 4 of this chapter; and
(3) a procurement organization 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's
driver's license or identification card under IC 9-24-17; and
(2) the individual dies in a hospital;
the person in possession of the individual's driver's license or
identification card shall immediately produce the driver's license
or identification card for examination upon request, as provided in
section 10(l) of this chapter.
(f) A gift made in response to information provided under this
section must be signed by the donor or made by the donor's
telegraphic, recorded telephonic, or other recorded message.
(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 civil liability but may be subject to criminal
liability or administrative sanctions.
Sec. 14. (a) A document of gift need not be delivered during the
donor's lifetime to be effective.
(b) Upon or after an individual's death, a person in possession
of a document of gift or a refusal to make an anatomical gift with
respect to the individual shall allow examination and copying of the
document of gift or refusal by a person authorized to make or
object to the making of an anatomical gift with respect to the
individual or by a person to which the gift could pass under section
10 of this chapter.
Sec. 15. (a) When a hospital refers an individual at or near
death to a procurement organization, the organization shall make
a reasonable search of the records of:
(1) the bureau of motor vehicles;
(2) the equivalent agency to the bureau of motor vehicles in
another state;
(3) the Indiana donor registry; and
(4) any other registry that the organization knows exists for
the geographical area in which the individual resides to
ascertain whether the individual has made an anatomical gift.
(b) A procurement organization must be allowed reasonable
access to information in the records of the bureau of motor vehicles
to ascertain whether an individual at or near death is a donor.
(c) When a hospital refers an individual at or near death to a
procurement organization, the organization may conduct any
reasonable examination necessary to ensure the medical suitability
of a part that is or could be the subject of an anatomical gift for
transplantation, therapy, research, or education from a donor or
a prospective donor. During the examination period, measures
necessary to ensure the medical suitability of the part may not be
withdrawn unless the hospital or procurement organization knows
that the individual expressed a contrary intent.
(d) Unless prohibited by law other than this chapter, at any time
after a donor's death, the person to whom a part passes under
section 10 of this chapter may conduct any reasonable examination
necessary to ensure the medical suitability of the body or part for
its intended purpose.
(e) Unless prohibited by law other than this chapter, an
examination under subsection (c) or (d) may include an
examination of all medical and dental records of the donor or
prospective donor.
(f) Upon the death of a minor who was a donor or had signed a
refusal, unless a procurement organization knows the minor is
emancipated, the procurement organization shall conduct a
reasonable search for the parents of the minor and provide the
parents with an opportunity to revoke or amend the anatomical
gift or revoke the refusal.
(g) Upon referral by a hospital under subsection (a), a
procurement organization shall make a reasonable search for any
person listed in section 8 of this chapter having priority to make an
anatomical gift on behalf of a prospective donor. If a procurement
organization receives information that an anatomical gift to any
other person was made, amended, or revoked, it shall promptly
advise the other person of all relevant information.
(h) Subject to section 10(i) of this chapter, IC 36-2-14-21, and
IC 36-2-14-22.6, the rights of the person to whom a part passes
under section 10 of this chapter are superior to the rights of all
others with respect to the part, including a part from a person
whose death within a hospital is under investigation by a coroner.
The person may accept or reject an anatomical gift in whole or in
part. Subject to the terms of the document of gift and this chapter,
a person who accepts an anatomical gift of an entire body may
allow embalming, burial or cremation, and use of remains in a
funeral service. If the gift is of a part, the person to which the part
passes under section 10 of this chapter, upon the death of the donor
and before embalming, burial, or cremation, shall cause the part
to be removed without unnecessary mutilation.
(i) Neither the physician who attends the decedent at death nor
the physician who determines the time of the decedent's death may
participate in the procedures for removing or transplanting a part
from the decedent.
(j) A physician or technician may remove a donated part from
the body of a donor that the physician or technician is qualified to
remove.
Sec. 16. Each hospital in Indiana shall enter into agreements or
affiliations with procurement organizations for coordination of
procurement and use of anatomical gifts.
Sec. 17. (a) A person who acts in accordance with this chapter
is not liable for the act in a civil action or administrative
proceeding.
(b) Neither the person making an anatomical gift nor the
donor's estate is liable for any injury or damage that results from
the making or use of the gift.
(c) In determining whether an anatomical gift has been made,
amended, or revoked under this chapter, a person may rely upon
representations of an individual listed in section 8(a)(2), 8(a)(3),
8(a)(4), 8(a)(5), 8(a)(6), 8(a)(7), or 8(a)(8) of this chapter relating
to the individual's relationship to the donor or prospective donor
unless the person knows that the representation is untrue.
(d) 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.
(e) A hospital or a recovery agency is immune from civil liability
for determining in good faith and in compliance with this section
that:
(1) an individual made a written anatomical gift; or
(2) an individual subsequently made a written revocation of
an anatomical gift.
(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.
Sec. 18. (a) A document of gift is valid if executed in accordance
with:
(1) this chapter;
(2) the laws of the state or country where it was executed; or
(3) the laws of the state or country where the person making
the anatomical gift was domiciled, has a place of residence, or
was a national at the time the document of gift was executed.
(b) If a document of gift is valid under this chapter, the law of
this state governs the interpretation of the document of gift.
(c) A person may presume that a document of gift or
amendment of an anatomical gift is valid unless that person knows
that it was not validly executed or was revoked.
Sec. 19. (a) The bureau of motor vehicles shall cooperate with a
person that administers any donor registry that this state
establishes, contracts for, or recognizes for the purpose of
transferring to the donor registry all relevant information
regarding a donor's making, amendment to, or revocation of an
anatomical gift.
(b) A donor registry must:
(1) allow a donor or other person authorized under section 4
of this chapter to include on the donor registry a statement or
symbol that the donor has made, amended, or revoked an
anatomical gift;
(2) be accessible to a procurement organization and to
coroners to allow it to obtain relevant information on the
donor registry to determine, at or near death of the donor or
a prospective donor, whether the donor or prospective donor
has made, amended, or revoked an anatomical gift; and
(3) be accessible for purposes of subdivisions (1) and (2) seven
(7) days a week on a twenty-four (24) hour basis.
(c) Personally identifiable information on a donor registry about
a donor or prospective donor may not be used or disclosed without
the express consent of the donor, prospective donor, or person that
made the anatomical gift for any purpose other than to determine,
at or near death of the donor or prospective donor, whether the
donor or prospective donor has made, amended, or revoked an
anatomical gift.
(d) This section does not prohibit any person from creating or
maintaining a donor registry that is not established by or under
contract with the state. Any such registry must comply with
subsections (b) and (c).
Sec. 20. (a) As used in this section:
(1) "Advance health care directive" means a power of
attorney for health care or a record signed by a prospective
donor containing the prospective donor's direction concerning
a health care decision for the prospective donor.
(2) "Declaration" means a record signed by a prospective
donor specifying the circumstances under which a life support
system may be withheld or withdrawn from the prospective
donor.
(3) "Health care decision" means any decision made
regarding the health care of the prospective donor.
(b) If a prospective donor has a declaration or advance health
care directive, unless the directive expressly states the contrary,
hospitals must use measures necessary to allow a procurement
agency to determine the medical suitability of an organ for
transplantation or therapy by insuring that life support is not
withdrawn from the prospective donor before consultation with the
appropriate procurement agency to determine medical potential
for donation. The procurement organization shall make every
effort to determine donor potential within approximately two (2)
hours from the time the procurement organization is contacted by
the hospital. A hospital may, in accordance with a donor's
declaration or advance health care directive, withdraw life support
from the prospective donor if the procurement organization has
not made a determination of donor potential within six (6) hours
from the time the procurement organization is contacted by the
hospital.
Sec. 21. (a) A coroner shall cooperate with procurement
organizations to maximize the opportunity to recover anatomical
gifts for the purpose of transplantation, therapy, research,
education, or training.
(b) If a coroner receives notice from a procurement
organization that an anatomical gift might be available or was
made with respect to a decedent whose body is under the
jurisdiction of the coroner and a postmortem examination is going
to be performed, unless the coroner denies recovery in accordance
with IC 36-2-14-22.6(f), the coroner or designee shall, when
practicable, conduct a postmortem examination of the body or the
part in a manner and within a period compatible with its
preservation for the purposes of the gift. If a coroner conducts a
postmortem examination outside of a compatible period, the
coroner must document why examination occurred outside of a
compatible period. It is considered sufficient documentation if the
coroner documents that additional time was necessary to conduct
an adequate medicolegal examination.
(c) A part may not be removed from the body of a decedent
under the jurisdiction of a coroner for transplantation, therapy,
research, or education unless the part is the subject of an
anatomical gift. The body of a decedent under the jurisdiction of
the coroner may not be delivered to a person for research or
education unless the body is the subject of an anatomical gift. This
subsection does not preclude a coroner or pathologist from
performing the medicolegal investigation upon the body or parts
of a decedent under the jurisdiction of the coroner or from using
the body or parts of a decedent under the jurisdiction of the
coroner for the purposes of research, education, or training
required by the coroner or pathologist.
SECTION 13. IC 34-30-2-123.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 123.5. IC 29-2-16-2.5
(Concerning health care provider immunity and anatomical gifts).
IC 29-2-16.1-17(a) (Concerning a person acting under anatomical
gift laws).
SECTION 14. IC 34-30-2-123.7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 123.7. IC 29-2-16-3.5
(Concerning hospital and recovery agency immunity and anatomical
gifts). IC 29-2-16.1-17(b) (Concerning a person or an estate in
connection with the making of an anatomical gift).
SECTION 15. IC 34-30-2-124 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 124. IC 29-2-16-4
(Concerning a person for taking a decedent's body or removing organs,
tissues, or other parts in reliance on a will, card, or other document of
gift). IC 29-2-16.1-17(d) (Concerning health care provider
immunity and anatomical gifts).
SECTION 16. IC 34-30-2-125 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 125. IC 29-2-16-7
(Concerning a person acting under anatomical gift laws).
IC 29-2-16.1-17(e) (Concerning hospital and recovery agency
immunity and anatomical gifts).
SECTION 17. IC 34-30-2-125.3, AS ADDED BY P.L.53-2006,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 125.3. IC 29-2-16-17 (Concerning a person or an
estate in connection with the making of an anatomical gift).
IC 29-2-16.1-17(f) (Concerning a person for taking a decedent's
body or removing organs, tissues, or other parts in reliance on a
will, card, or other document of gift).
SECTION 18. IC 35-46-5-4 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2007]: Sec. 4. An individual who, in order to obtain a financial
gain, intentionally falsifies, forges, conceals, defaces, or obliterates
a document that:
(1) expresses;
(2) makes an amendment or revocation of; or
(3) refuses;
a gift of organs, tissues, eyes, or other body parts intended to be
used in research or in transplants, commits a Class A
misdemeanor.
preservation of parts for the purpose of transplantation, therapy,
research, or education.
(d) If an anatomical gift has been or might be made of a part of
a decedent whose body is under the jurisdiction of the coroner and
a postmortem examination is not required, or the coroner
determines that a postmortem examination is required but that the
recovery of the part that is the subject of an anatomical gift will
not interfere with the examination, the coroner and procurement
organization shall cooperate in the timely removal of the part from
the decedent for the purpose of transplantation, therapy, research,
or education.
(e) If an anatomical gift of a part from the decedent under the
jurisdiction of the coroner has been or might be made, but the
coroner, in consultation with a pathologist, initially believes that
the recovery of the part could interfere with the postmortem
investigation into the decedent's cause or manner of death or
interfere with the preservation or collection of evidence, the
coroner and pathologist shall consult with the procurement
organization or physician or technician designated by the
procurement organization about the proposed recovery. After
consultation, the coroner may allow the recovery, delay the
recovery, or deny the recovery.
(f) Before the removal procedure, the coroner or designee may
allow recovery by the procurement organization to proceed, or, if
the coroner or designee reasonably believes that the part may be
involved in determining the decedent's cause or manner of death
or, in tissue procurement cases, if the coroner or designee
determines that, for evidentiary purposes, the body must remain
undisturbed prior to autopsy, deny recovery by the procurement
organization. The coroner or designee must be present at the scene
before denying the recovery of a part. When practicable, the
coroner and pathologist shall work with the procurement
organization to facilitate removal of a part following any
postmortem examination of the decedent.
(g) If the coroner or designee denies recovery under subsection
(e) or (f), the coroner or designee shall:
(1) explain in a record the specific reasons for not allowing
recovery of the part;
(2) include the specific reasons in the records of the coroner
and forensic pathologist; and
(3) provide a record with the specific reasons to the
procurement organization and the state department of health.
(h) If the coroner or designee allows recovery of a part under
subsection (d), (e), or (f), the procurement organization shall do the
following:
(1) At the request of the coroner or designee and when
practicable, perform diagnostic studies that would aid in
documenting the presence or absence of injuries.
(2) Cause the physician or technician who removes the part to
explain in a signed record the condition of the part, including
the presence or absence of any injuries to the part or any
surrounding tissue or organs.
(3) Provide a copy of the record described in subdivision (2)
to the coroner and the investigating law enforcement agency.
(4) Cause the physician or technician who removes the part to
photograph, collect, preserve, and maintain the appropriate
chain of custody of any evidence that is found during
procurement.
(5) Cause the physician or technician who removes the part to
collect blood and other bodily fluid samples as directed by the
coroner or designee.
(6) Cause the physician or technician who removes the part to,
upon the request of the coroner or designee, photograph,
biopsy, or provide any other information and observations
concerning the part or body that would assist in the
postmortem examination.
(i) If a coroner or designee must:
(1) be present at a removal procedure under subsection (f); or
(2) perform duties at times other than those that are usual and
customary for the coroner or designee to maximize tissue or
eye recovery under IC 29-2-16.1-21(b);
at the request of the coroner or designee, the procurement
organization that requested the recovery of the part shall
reimburse the coroner or designee for the additional costs incurred
by the coroner or designee to comply with subsection (f) or
IC 29-2-16.1-21(b).
SECTION 21. IC 29-2-16 IS REPEALED [EFFECTIVE JULY 1,
2007]
Date: