HLS 10RS-347 ORIGINAL
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Regular Session, 2010
HOUSE BILL NO. 1086
BY REPRESENTATIVE TUCKER
HEALTH/ANATOMICAL GIFTS: Provides relative to an organ donation opt-out program
AN ACT1
To amend and reenact R.S. 32:410(B)(1)(a), (b)(introductory paragraph) and (ii), and (c) and2
to repeal R.S. 32:410(B)(2), relative to organ donation; to provide for procedures to3
become an organ donor; to provide for procedures to opt out of becoming an organ4
donor; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 32:410(B)(1)(a), (b)(introductory paragraph) and (ii), and (c) are7
hereby amended and reenacted to read as follows: 8
ยง410. Form of license; photograph, signature of licensee, anatomical gift statement,9
declaration of life-sustaining procedures, and additional information on10
license11
* * *12
B.(1)(a) The Department of Public Safety and Corrections shall give the13
widest possible dissemination to the anatomical donation program relating to eyes,14
kidneys, entire bodies, etc., and shall make whatever provisions are feasible and15
desirable, through its drivers licensing examining offices, to enable persons desiring16
to make such anatomical donations to confirm their desires and intentions through17
the use of suitable documents to be maintained and issued in all driver's license18
examining offices. Additionally the license issued by the department shall contain19
an indication thereon whether or not the named applicant has elected to make an20 HLS 10RS-347 ORIGINAL
HB NO. 1086
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anatomical gift pursuant to the provisions of this Chapter or R.S. 17:2351 et seq.,1
said indication to be by placing an "X" in the appropriate box marked "Yes" or "No"2
under or adjacent to the term "anatomical gift".3
(b) The following information shall be made available given free of charge4
to all applicants for a driver's license on a form to be promulgated by the department5
and maintained on file with the department:6
* * *7
(ii) A space for indicating any limitation or special wish of the donor ,8
including whether or not the donor is directing the anatomical gift to a named donee9
as provided for in R.S. 17:2354(D); and10
* * *11
(c) If Unless the applicant elects not to execute an anatomical gift statement12
at the time of application, the license issued by the department shall contain an13
indication thereon that the named applicant has elected to make an anatomical gift14
pursuant to the provisions of this Chapter or R.S. 17:2351 et seq. If the applicant15
elects not to execute an anatomical gift statement at the time of application, the16
license shall remain blank where an anatomical gift would be indicated. The17
anatomical gift statement shall remain blank when presented to the licensee so it can18
be executed by the licensee at any time after the license is issued. No other form or19
statement shall be required for the purpose of providing for the donation of organs.20
* * *21
Section 2. R.S. 32:410(B)(2) is hereby repealed in its entirety.22
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Tucker HB No. 1086
Abstract: Provides for procedures to become an organ donor. Requires that driver's
licensing examining offices provide forms to all driver's license applicants which
enable them to sign up to be organ donors. Provides that an indication of organ
donor status will automatically be generated on the driver's license once an applicant
submits an anatomical gift statement. HLS 10RS-347 ORIGINAL
HB NO. 1086
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are additions.
Present law provides that the Dept. of Public Safety and Corrections, through its driver's
license examining offices, shall make available information on making an anatomical gift
free of charge to all applicants for driver's licenses.
Proposed law retains present law but requires the Dept. of Public Safety and Corrections to
give to all applicants the forms to make a gift.
Present law states that the license issued by the department shall contain an indication
whether or not the named applicant has elected to make an anatomical gift pursuant to the
provisions of this Chapter or R.S. 17:2351 et seq., and this indication is made by placing an
"X" in the appropriate box marked "Yes" or "No" under or adjacent to the term "anatomical
gift".
Proposed law changes present law by stating that an indication of organ donor status is
automatically generated on the driver's license once an applicant makes an anatomical gift.
If no anatomical gift is made, the driver's license shall remain blank where an anatomical gift
would be indicated.
Present law requires the applicant to be asked at the time of application if he would like to
be an organ donor and informed that the gift may be made either to a named donee or
without the naming of a donee.
Proposed law repeals present law.
(Amends R.S. 32:410(B)(1)(a), (b)(intro. para.) and (ii), and (c); Repeals R.S. 32:410(B)(2))