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Regular Session, 2010
HOUSE BILL NO. 1123
BY REPRESENTATIVE GALLOT
HEALTH/ANATOMICAL GIFTS: Provides for a uniform Anatomical Gift Act
AN ACT1
To amend and reenact R.S. 17:2351, 2352, 2352.1, 2353, 2354(A) through (E), 2354.1,2
2354.2, 2354.3, 2354.4(A) and (B), 2355, 2355.1(A), (B), and (C), 2356, 2357, and3
2358, to enact R.S. 17:2354.5 through 2354.9 and 2358.1, and to repeal R.S.4
17:2354(F) and (G), 2354.4(C) through (K), and 2355.1(D) and (E), relative to the5
Louisiana Anatomical Gift Act; to make such Act uniform with that of other states;6
to provide for definitions; to provide for applicability; to provide for procurement;7
to provide for recipients; to provide for the execution of an anatomical gift; to8
provide for the refusal to make a gift; to provide for the authority to make a gift of9
a body or part; to prohibit the sale or purchase of a part and provide for penalties; to10
grant immunity for certain acts; to provide choice of law provisions; to provide for11
a donor registry; to provide for advance health directives; to provide for the delivery12
of the gift; to provide for the search for a gift; to provide for the revocation or13
amendment of a gift; to provide for the rights and duties of procurement14
organizations; to provide for the application of federal laws; to provide a special15
effective date; and to provide for related matters.16
Be it enacted by the Legislature of Louisiana:17
Section 1. R.S. 17:2351, 2352, 2352.1, 2353, 2354(A) through (E), 2354.1, 2354.2,18
2354.3, 2354.4(A) and (B), 2355, 2355.1(A), (B), and (C), 2356, 2357, and 2358 are hereby19
amended and reenacted and R.S. 17:2354.5 through 2354.9 and 2358.1 are hereby enacted20
to read as follows: 21 HLS 10RS-75 ENGROSSED
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§2351. Definitions1
(1) "Bank or storage facility" means a facility licensed or approved under the2
laws of any state for storage of human bodies or parts thereof, for use in medical3
education, research, therapy, or transplantation to individuals. "Adult" means a4
person who has attained eighteen years of age.5
(2) "Agent" means a person:6
(a) Authorized to make healthcare decisions on behalf of the principal by a7
power of attorney for health care; or8
(b) Expressly authorized to make an anatomical gift on behalf of the9
principal by any other record signed by the principal.10
(3) "Anatomical gift" or "gift" means a donation of all or part of a human11
body to take effect after the death of the donor for the purpose of transplantation,12
therapy, research, or education.13
(2) (4) "Decedent" means an individual of any age and includes a stillborn14
infant a deceased person whose body or part is or may be the source of an anatomical15
gift. The term does not include a stillborn infant and, subject to restrictions imposed16
by law, a fetus.17
(5) "Disinterested witness" means a witness other than the spouse, child,18
parent, sibling, grandchild, grandparent, or guardian of the person who makes,19
amends, revokes, or refuses to make an anatomical gift, or an adult who exhibited20
special care and concern for the person. The term does not include a recipient of an21
anatomical gift in accordance with the provisions of R.S. 17:2353.22
(6) "Document of gift" means a donor card or other record used to make an23
anatomical gift. The term includes a statement or symbol on a driver's license,24
identification card, or donor registry.25
(7) "Donor" means a person whose body or part is the subject of an26
anatomical gift.27
(8) "Donor registry" means a database that contains records of anatomical28
gifts and amendments to or revocations thereof.29 HLS 10RS-75 ENGROSSED
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(9) "Driver's license" means a license or permit issued by the Louisiana1
Department of Public Safety and Corrections, office of motor vehicles, to operate a2
vehicle, whether or not conditions are attached to the license or permit.3
(10) "Eye bank" means a person that is licensed, accredited, or regulated4
under federal or state law to engage in the recovery, screening, testing, processing,5
storage, or distribution of human eyes or portions of human eyes.6
(11) "Guardian" means a person appointed by a court to make decisions7
regarding the support, care, education, health, or welfare of a person. The term does8
not include a guardian ad litem.9
(3) (12) "Hospital" means a facility licensed as a hospital licensed,10
accredited, or approved under the laws of any state and includes a hospital or a11
facility operated as a hospital by the United States government, a state, or a12
subdivision of a state thereof, although not required to be licensed under state laws.13
(13) "Identification card" means a card issued by the Louisiana Department14
of Public Safety and Corrections, office of motor vehicles.15
(14) "Know" means to have actual knowledge.16
(15) "Minor" means a person who has not yet attained eighteen years of age.17
(16) "Organ procurement organization" means a person designated by the18
Secretary of the United States Department of Health and Human Services as an eye19
bank, organ procurement organization, or tissue bank.20
(17) "Parent" means a person whose parental rights have not been21
terminated.22
(4) (18) "Part" of a body includes organs, tissues, eyes, bones, arteries,23
blood, other fluids and other portions of bodies, and "part" includes "parts means an24
organ, an eye, or tissue of a human being. The term does not include the whole25
body.26
(5) (19) "Person" means an individual, corporation, government or27
governmental subdivision or agency, business trust, estate, trust, partnership, limited28
liability company, or association, joint venture, public corporation, government or29 HLS 10RS-75 ENGROSSED
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governmental subdivision, agency, or instrumentality, or any other legal or1
commercial entity.2
(6) (20) "Physician" or "surgeon" means a physician or surgeon licensed to3
practice means a person authorized and licensed to practice medicine or osteopathy4
under the laws of any state.5
(21) "Prospective donor" means a person who is dead or near death and has6
been determined by a procurement organization to have a part that may be medically7
suitable for transplantation, therapy, research, or education. The term does not8
include a person who has made a refusal.9
(22) "Reasonably available" means able to be contacted by a procurement10
organization without undue effort and willing and able to act in a timely manner11
consistent with existing medical criteria necessary for the making of an anatomical12
gift.13
(23) "Recipient" means a person into whose body a part of a decedent has14
been or is intended to be transplanted.15
(24) "Record" means information that is inscribed on a tangible medium or16
that is stored in an electronic or other medium and is retrievable in perceivable form.17
(25) "Refusal" means a record created pursuant to the provisions of R.S.18
17:2354.1 that expressly states an intent to bar other persons from making an19
anatomical gift of a body or part of a person.20
(26) "Sign" means, with the present intent to authenticate or adopt a record21
either:22
(a) To execute or adopt a tangible symbol.23
(b) To attach to or logically associate with the record an electronic symbol,24
sound, or process.25
(7) (27) "State" includes any state, district, commonwealth, territory, insular26
possession, and any other area subject to the legislative authority of the United States27
of America. means a state of the United States, the District of Columbia, Puerto28 HLS 10RS-75 ENGROSSED
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Rico, the United States Virgin Islands, or any territory or insular possession subject1
to the jurisdiction of the United States.2
(8) (28) "Technician" means any individual who has successfully completed3
a course in eye enucleation for ophthalmic medical assistants approved by the4
American Association of Ophthalmology and possesses documentary proof of5
qualifications determined to be qualified to remove or process parts by an6
appropriate organization that is licensed, accredited, or regulated under federal or7
state law. The term includes an enucleator.8
(29) "Tissue" means a portion of the human body other than an organ or an9
eye. The term does not include blood unless the blood is donated for the purpose of10
research or education.11
(30) "Tissue bank" means a person that is licensed, accredited, or regulated12
under federal or state law to engage in the recovery, screening, testing, processing,13
storage, or distribution of tissue.14
(31) "Transplant hospital" means a hospital that furnishes organ transplants15
and other medical and surgical specialty services required for the care of transplant16
patients.17
(9) "Organ procurement organization" means an organization that is18
designated by the United States Department of Health and Human Services, Health19
Care Financing Administration or its successor, to perform or coordinate the20
performance of surgical recovery, preservation, and transportation of organs, and that21
maintains a system for locating prospective recipients for available organs.22
(10) "Louisiana-designated organ procurement organization" means the23
organ procurement organization for the state as designated by the secretary of the24
Department of Health and Hospitals under R.S. 17:2354.4(J).25
(11) "Vascular organ" means the heart, lungs, kidneys, liver, pancreas, or any26
other organ that requires the continuous circulation of blood to remain useful for27
transplantation purposes. As used in this Part, "vascular organ" does not include28
human tissue, bones, or corneas.29 HLS 10RS-75 ENGROSSED
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§2352. Persons Applicability; persons who may execute make an anatomical gift1
prior to the death of the donor2
A. Any individual who is competent to execute a will may give all or any3
part of his body for any of the purposes specified in R.S. 17:2353, the gift to take4
effect after death. The rights of the donee are superior to the rights of the surviving5
spouse and next of kin. The provisions of this Part shall apply to an anatomical gift6
or amendment, revocation, or refusal to make an anatomical gift.7
B. Unless he has knowledge that contrary directions have been given by the8
decedent, any of the following persons, in the order of priority stated, may give all9
or any part of a decedent's body for any of the purposes specified in R.S. 17:2353:10
Subject to the provisions of R.S. 17:2354.2, an anatomical gift of a body or part of11
the donor may be made during his life for the purpose of transplantation, therapy,12
research, or education as provided in R.S. 17:2354 by any of the following:13
(1) The spouse if one survives; if not, An adult donor.14
(2) An adult son or daughter, A minor donor, if he has been emancipated or15
authorized under state law to apply for a driver's license.16
(3) Either parent, An agent of the donor, unless the power of attorney for17
health care or other record prohibits it.18
(4) An adult brother or sister, A parent of the donor, if he is an19
unemancipated minor.20
(5) The guardian of the person of the decedent at the time of his death, The21
guardian of the donor.22
(6) Any other person authorized or under obligation to dispose of the body.23
If there is no surviving spouse, and an adult son or daughter is not immediately24
available at the time of death, the gift may be made by either parent; if neither an25
adult son or daughter nor a parent is immediately available, it may be made by any26
adult brother or sister; but the donee shall not accept the gift if he or his agent has27
received notice that there is controversy within the class of relatives enabled under28
the above priorities to make the gift. The persons authorized by this subsection to29 HLS 10RS-75 ENGROSSED
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make the gift may execute the document of gift either after death or immediately1
before death during a terminal illness or injury.2
C. Any gift of all or part of a body is deemed to authorize such examination3
as may be necessary to assure medical acceptability of gift for the purposes intended.4
D. No person shall disclose, disseminate or make public the fact of the5
making or acceptance of a gift authorized under the provisions of this Part without6
the prior specific consent of the donor, or if he is unable, that of the person7
authorized to make gifts under the provisions of Subsection (B) hereof in the order8
therein prescribed, unless otherwise required by law. Any person who makes any9
such disclosure as contemplated herein in violation of the provisions of this10
subsection shall be subject to absolute liability for damages in an amount of not less11
than five thousand dollars nor more than ten thousand dollars in a civil action12
instituted pursuant hereto by the person whose authorization therefor had not been13
obtained.14
§2352.1. Information about organ donation for hospital patients Coordination of15
procurement and use16
Upon discharge, each hospital may furnish to a patient, the patient's family,17
or a patient representative written information about organ donation, such18
information to be supplied at no cost to the hospital by the Louisiana Organ19
Procurement Agency. Each hospital in this state shall enter into an agreement or20
affiliation with procurement organizations for the coordination of procurement and21
use of anatomical gifts.22
§2353. Persons who may become donees receive anatomical gifts; purposes for23
which purpose of anatomical gifts may be made; out-of-state organ transfer24
A. The following persons may become donees of gifts of bodies or parts25
thereof for the purposes stated An anatomical gift may be made to any of the26
following:27 HLS 10RS-75 ENGROSSED
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(1) Any hospital, surgeon, or physician, for medical or dental education,1
research, advancement of medical or dental science, therapy, or transplantation to2
individuals.3
(2) Any accredited medical school, or dental school, college, or university,4
engaged in medical or dental education or research for educational, research, or5
medical or dental science purposes.6
(3) The Louisiana-designated organ procurement organization, or other7
appropriate person, for research or education.8
(4) Any person operating an organ procurement organization or an organ9
bank or storage facility.10
(5) Any specific donee, for therapy or transplantation needed by him.11
(2) Subject to the provisions of Subsection B of this Section, a person12
designated by a donor.13
(3) An eye or tissue bank.14
B.(1) In the event an anatomical gift is made in the state of Louisiana of any15
vascular organ for transplantation purposes, if the donor does not name a specific16
donee and the organ is deemed suitable for transplantation to an individual, the17
vascular organ shall be donated to the Louisiana-designated organ procurement18
organization. Said organization shall use its best efforts to determine if there is a19
suitable recipient in the state. If an anatomical gift to a person in accordance with20
this Section cannot be transplanted into the recipient, the part passes in accordance21
with the provisions of Subsection G of this Section in the absence of an express,22
contrary indication by the donor.23
(2)(a) Subject to the provisions of Subparagraph (b) of this Paragraph, if, in24
the best judgment of the Louisiana-designated organ procurement organization, the25
people of Louisiana would be best served by the organization's entry into reciprocal26
agreements for the sharing of vascular organs with qualified organ procurement27
organizations in other states, then the organization shall have the authority, with sole28
discretion as to terms and conditions, to enter into such vascular organ-sharing29 HLS 10RS-75 ENGROSSED
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arrangements as it may deem advisable, necessary, or expedient. The terms of such1
vascular organ-sharing arrangements may provide that a vascular organ recovered2
in Louisiana may be transferred to an out-of-state organ procurement organization3
and transplanted there into a suitable recipient, before such vascular organ is offered4
and placed into a suitable recipient located in Louisiana.5
(b) Prior to the Louisiana-designated organ procurement organization6
entering into a reciprocal agreement, the proposed agreement shall be submitted to7
the Senate Committee on Health and Welfare and the House Committee on Health8
and Welfare for review and comment.9
(3) The Louisiana-designated organ procurement organization may only10
transfer a vascular organ to an out-of-state organ procurement organization or11
suitable out-of-state recipient for transplantation if either:12
(a) A suitable recipient in the state of Louisiana cannot be found in a13
reasonable amount of time.14
(b) The Louisiana-designated organ procurement organization has a15
reciprocal agreement with the out-of-state procurement organization as provided in16
Paragraph (2) of this Subsection.17
C. If an anatomical gift of one or more specific parts or of all parts is made18
in a document of gift that does not name a person in accordance with Subsection A19
of this Section but identifies the purpose for which an anatomical gift may be used,20
the following shall apply:21
(1) If the part is an eye and the gift is for the purpose of transplantation or22
therapy, the gift passes to the appropriate eye bank.23
(2) If the part is tissue and the gift is for the purpose of transplantation or24
therapy, the gift passes to the appropriate tissue bank.25
(3) If the part is an organ and the gift is for the purpose of transplantation or26
therapy, the gift passes to the appropriate organ procurement organization as27
custodian of the organ.28 HLS 10RS-75 ENGROSSED
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(4) If the part is an organ, eye, or tissue and the gift is for the purpose of1
research or education, the gift passes to the appropriate procurement organization.2
D. For the purposes of Subsection C of this Section, if there is more than one3
purpose of an anatomical gift set forth in the document of gift but the purposes are4
not set forth in any priority, the gift shall be used for transplantation or therapy. If5
the gift cannot be used for transplantation or therapy, the gift may be used for6
research or education.7
E. If an anatomical gift of one or more specific parts is made but does not8
name a person in accordance with Subsection A of this Section and does not identify9
the purpose of the gift, the gift may be used only for transplantation or therapy, and10
the gift passes in accordance with the provisions of Subsection G of this Section.11
F. If a document of gift only specifies a general intent to make an anatomical12
gift, or by a symbol or statement of similar import, the gift may be used only for13
transplantation or therapy, and the gift passes in accordance with the provisions of14
Subsection G of this Section.15
G. For purposes of Subsections B, E, and F of this Section the following16
shall apply:17
(1) If the part is an eye, the gift passes to the appropriate eye bank.18
(2) If the part is tissue, the gift passes to the appropriate tissue bank.19
(3) If the part is an organ, the gift passes to the appropriate organ20
procurement organization as custodian of the organ.21
H. An anatomical gift of an organ for transplantation or therapy, other than22
an anatomical gift made in accordance with Paragraph (A)(2) of this Section, passes23
to the organ procurement organization as custodian of the organ.24
I. If an anatomical gift does not pass pursuant to the provisions of25
Subsections A through H of this Section, or the body or part of the decedent is not26
used for transplantation, therapy, research, or education, custody of the body or part27
passes to the person obligated to properly dispose of the body or part.28 HLS 10RS-75 ENGROSSED
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J. A person may not accept an anatomical gift if he knows the gift was not1
effectively made pursuant to the provisions of R.S. 17:2354 or 2356 or if the person2
knows that the decedent made a refusal in accordance with the provisions of R.S.3
17:2354.1 that has not been revoked. For purposes of this Subsection, if a person4
knows that an anatomical gift was made on a document of gift, the person is5
presumed to know of any amendment, revocation, or refusal made to the same6
document of gift.7
K. The Louisiana-designated organ procurement organization may only8
transfer a vascular organ to an out-of-state organ procurement organization or9
suitable out-of-state recipient for transplantation if a suitable recipient in the state of10
Louisiana cannot be found in a reasonable amount of time.11
L. Except as otherwise provided in Paragraph (A)(2) of this Section, nothing12
in this Part affects the allocation of organs for transplantation or therapy.13
§2354. Manner of executing anatomical gifts gift prior to death of donor14
A. A gift of all or part of the body under this Part may be made by will, in15
which case the gift becomes effective at the death of the testator without waiting for16
probate. If the will is not probated, or if it is declared invalid for testamentary17
purposes, the gift, to the extent that it has been acted upon in good faith, is18
nevertheless valid and effective. A donor may make, revoke, or refuse an anatomical19
gift by any of the following:20
(1) Authorizing a statement or symbol indicating that he has made an21
anatomical gift to be imprinted on his driver's license or identification card.22
(2) Executing a will.23
(3) Any form of communication addressed to at least two adults, at least one24
of whom is a disinterested witness, during a terminal illness or injury.25
B. A gift of all or part of the body under this Part may also be made by a26
document other than a will. The document must be signed by the donor, in the27
presence of two witnesses who in turn shall sign the document in his presence. If the28
donor cannot sign in person, the document may be signed for him at his direction and29 HLS 10RS-75 ENGROSSED
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in his presence, and in the presence of two witnesses who shall sign the document1
in his presence. Delivery of the document of gift during the donor's lifetime is not2
necessary to make the gift valid. The gift becomes effective at the death of the3
donor. A donor or other person authorized to make an anatomical gift pursuant to4
R.S. 17:2352 may make an anatomical gift by any of the following:5
(1) Verbally, by telephone, provided that the conversation is recorded and6
a record of such conversation is maintained.7
(2) Verbally when expressed or given before two witnesses.8
(3) Verbally, by telephone, provided that the conversation is witnessed.9
(4) In accordance with Subsection C of this Section.10
C. The document of gift may consist of a properly executed card carried on11
the donor's person or in his effects. The document of gift also may be printed on the12
reverse side of an operator's or chauffeur's license as provided by R.S. 32:410. A13
donor or other person authorized to make an anatomical gift pursuant to R.S.14
17:2352 may make a gift by a donor card or other record signed by the person15
making the gift or by authorizing that a statement or symbol indicating that a gift has16
been made be included on a donor registry. If the donor or other person is physically17
unable to sign a record, the record may be signed by another person at the direction18
of the person making the gift and the record shall:19
(1) Be witnessed by two adults, one of whom is a disinterested witness, who20
have signed at the request of the person making the gift; and21
(2) State that it has been signed and witnessed as provided in Paragraph (1)22
of this Subsection.23
D. The gift may be made either to a named donee or without the naming of24
a donee. If the latter, the gift may be accepted by and utilized under the direction of25
the attending physician at or following death. If the gift is made to a named donee26
who is not reasonably available at the time and place of death, and the gift is27
evidenced by a properly executed card or other writing carried on the donor's person28
or in his effects, the attending physician at or following death, in reliance upon the29 HLS 10RS-75 ENGROSSED
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card or writing, and in the absence of any expressed indication that the donor desired1
otherwise, may accept and utilize the gift as the agent of the donee for any purpose2
authorized in R.S. 17:2353. The agent possesses and may exercise all of the rights3
and is entitled to all of the immunities of the donee under this Part. Revocation,4
suspension, expiration, or cancellation of a driver's license or identification card5
upon which an anatomical gift is indicated does not invalidate the gift.6
E. Except as provided in R.S. 17:2357(B), the donor may designate in his7
will or other document of gift the surgeon, physician or technician to implement the8
appropriate procedures. In the absence of such designation, or if the designee is not9
reasonably available, the donee or other person authorized to accept the gift may10
employ or authorize any licensed surgeon, physician or technician to implement the11
appropriate procedures herein authorized. An anatomical gift executed in a will12
takes effect upon the death of the donor whether or not the will is probated.13
Invalidation of the will after the death of the donor does not invalidate the gift.14
* * *15
§2354.1. Coroner's consent for eye enucleation Refusal to make anatomical gift;16
effect17
A. A physician, technician, or other authorized person trained in eye18
enucleation may remove the eyes of a decedent immediately following certification19
of death provided: A person may refuse to make an anatomical gift of his body or20
part by executing any of the following:21
(1) There is written authorization by a person empowered to execute an22
anatomical gift as provided in R.S. 17:2352(B); or A signed record in accordance23
with Subsection B of this Section or if he is physically unable to sign, another person24
acting at the direction of the person shall sign.25
(2) There is authorization by the parish coroner; and A will and testament,26
whether or not the will is admitted to probate or invalidated after his death.27
(3) The eyes will be donated to an authorized donee of gifts of bodies or28
parts thereof as defined in R.S. 17:2353 for the purposes of advancing medical29 HLS 10RS-75 ENGROSSED
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science or for the replacement or rehabilitation of eyes in living persons. Any form1
of communication made by the person during a terminal illness or injury addressed2
to at least two adults, one of whom is a disinterested witness.3
B.(1) Neither the coroner, physician, surgeon, technician, hospital, bank, or4
storage facility, nor the donee, who acts in good faith to comply with this Section5
shall be liable in any civil action to a claimant who alleges that his authorization for6
use of the eyes was required. A signed record, shall be witnessed by at least two7
adults, one of whom is a disinterested witness, and shall state that it has been signed8
and witnessed as provided in Subsection A of this Section.9
(2) The provisions of this Subsection shall not be construed as limiting or10
restricting the liability of a coroner, physician, surgeon, technician, hospital, bank11
or storage facility or the donee as provided by R.S. 17:2357(C).12
(3) The parish coroner, deputy coroner, or any legal representative or agent13
of the coroner acting pursuant to the provisions of this Section shall not authorize the14
removal of the eyes of a decedent where the coroner, deputy coroner, or coroner's15
legal representative or agent derives or may derive any direct or indirect financial16
benefit relative to the removal, donation, or use of the eyes.17
C. A person who has made a refusal to make an anatomical gift, may amend18
or revoke the refusal in any of the following ways:19
(1) In the manner provided in Subsection A of this Section for making a20
refusal.21
(2) By subsequently making an anatomical gift in accordance with R.S.22
17:2354 that is inconsistent with the refusal.23
(3) By destroying or canceling the record or a portion thereof evidencing the24
refusal, with the intent of revocation.25
D. Except as otherwise provided in R.S. 17:2354.2, in the absence of an26
express contrary indication set forth in the refusal, an unrevoked refusal bars all27
other persons from making an anatomical gift of the body or part of the person.28 HLS 10RS-75 ENGROSSED
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§2354.2. Coroner's consent for kidney removal Preclusive effect of anatomical gift;1
amendment; revocation2
A. A physician or surgeon may remove the kidneys of a decedent3
immediately following certification of death provided: Except as otherwise provided4
in Subsection G of this Section and subject to Subsection F of this Section, in the5
absence of an express, contrary indication by the donor, a person other than the6
donor is barred from making, amending, or revoking an anatomical gift of the body7
or part of the donor if the gift complies with R.S. 17:2354 or 2356. 8
(1) There is written authorization by a person empowered to execute an9
anatomical gift as provided in R.S. 17:2352(B); or10
(2) There is authorization by the parish coroner; and11
(3) The kidneys will be or are intended to be donated to an authorized donee12
of gifts of bodies or parts thereof as defined in R.S. 17:2353 for the purpose of13
advancing medical science or for the replacement of kidneys in living persons.14
B.(1) Neither the coroner, physician, surgeon, technician, hospital, bank, or15
storage facility, nor the donee, who acts in good faith to comply with this Section,16
shall be liable in any civil action to a claimant who alleges that his authorization for17
use of the kidneys was required. A revocation of a gift in accordance with R.S.18
17:2356 is not a refusal and does not bar another person from making an anatomical19
gift of the body or part of the donor in accordance with this Part.20
(2) The provisions of this Subsection shall not be construed as limiting or21
restricting the liability of a coroner, physician, surgeon, technician, hospital, bank22
or storage facility or the donee as provided by R.S. 17:2357(C).23
(3) The parish coroner, deputy coroner, or any legal representative or agent24
of the coroner acting pursuant to the provisions of this Section shall not authorize the25
removal of the kidneys of a decedent where the coroner, deputy coroner, or coroner's26
legal representative or agent derives or may derive any direct or indirect financial27
benefit relative to the removal, donation, or use of the kidneys.28 HLS 10RS-75 ENGROSSED
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C. If a person other than the donor makes an unrevoked anatomical gift of1
the body or part or the donor in accordance with R.S. 17:2354 or amends a gift of the2
body or part of the donor in accordance with R.S. 17:2356, another person may not3
make, amend, or revoke the gift in accordance with R.S. 17:2356.4
D. A revocation of an anatomical gift of the body or part of a donor in5
accordance with R.S. 17:2356 by a person other than the donor does not bar another6
person from making an anatomical gift of the body or part in accordance with R.S.7
17:2354 or 2356.8
E. In the absence of an express, contrary indication by the donor or other9
person authorized to make an anatomical gift, an anatomical gift of a part is neither10
a refusal to give another part nor a limitation on the making of a gift of another part11
at a later time by the donor or another person.12
F. In the absence of an express, contrary indication by the donor or other13
person authorized to make an anatomical gift, an anatomical gift of a part for one or14
more of the purposes in R.S. 17:2352 is not a limitation on the making of an15
anatomical gift of the part for any other purpose in accordance with R.S. 17:2354 or16
2356.17
G. If an unemancipated minor donor dies, his reasonably available parent18
may revoke or amend the anatomical gift.19
§2354.3. Coroner's consent for heart, lungs, liver, soft tissue, or bone removal20
Authority to make an anatomical gift of a body or part21
A. A physician or surgeon may remove the heart, lungs, liver, soft tissue, or22
bone of a decedent immediately following certification of death provided: Subject23
to Subsections B and C of this Section and unless barred by R.S. 17:2354.1 or24
2354.2, an anatomical gift of the body or part of a decedent for the purpose of25
transplantation, therapy, research, or education may be made by any reasonably26
available member of the following classes, in the following order of priority:27
(1) There is written authorization by a person empowered to execute an28
anatomical gift as provided in R.S. 17:2352(B); or The agent who could have made29 HLS 10RS-75 ENGROSSED
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an anatomical gift in accordance with R.S. 17:2352 immediately before the death of1
the decedent.2
(2) There is authorization by the parish coroner; and The surviving spouse3
of the decedent.4
(3) The heart, lungs, liver, soft tissue, or bone will be donated to an5
authorized donee of gifts of bodies or parts thereof as defined in R.S. 17:2353 for the6
purpose of advancing medical science or for the replacement of the heart, lungs,7
liver, soft tissue, or bone in living persons. The adult children of the decedent.8
(4) The parents of the decedent.9
(5) The adult siblings of the decedent.10
(6) The adult grandchildren of the decedent.11
(7) The grandparents of the decedent.12
(8) An adult who exhibited special care and concern for the decedent.13
(9) The person acting as guardian of the decedent at the time of death.14
(10) Any other person having the authority to dispose of the body of the15
decedent.16
B.(1) Neither the coroner, physician, surgeon, technician, hospital, bank or17
storage facility, nor the donee, who acts in good faith to comply with this Section18
shall be liable in any civil action to a claimant who alleges that his authorization for19
use of the heart, lungs, liver, soft tissue, or bone was required. If there is more than20
one member of a class listed in Subsection A of this Section entitled to make an21
anatomical gift, an anatomical gift may be made by a member of the class unless that22
member or a person to which the gift may pass in accordance with R.S. 17:235323
knows of an objection by another member of the class. If an objection is known, the24
gift may be made only by a majority of the members of the class who are reasonably25
available.26
(2) The provisions of this Subsection shall not be construed as limiting or27
restricting the liability of a coroner, physician, surgeon, technician, hospital, bank28
or other storage facility, or the donee as provided by R.S. 17:2357(C).29 HLS 10RS-75 ENGROSSED
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(3) The parish coroner, deputy coroner, or any legal representative or agent1
of the coroner acting pursuant to the provisions of this Section shall not authorize the2
removal of the heart, lungs, liver, soft tissue, or bone of a decedent where the3
coroner, deputy coroner, or coroner's legal representative or agent derives or may4
derive any direct or indirect financial benefit relative to the removal, donation, or use5
of the heart, lungs, liver, soft tissue, or bone.6
(4) No coroner, deputy coroner, or any legal representative or agent of the7
coroner shall authorize the removal of kidneys, heart, lungs, liver, soft tissue or bone8
where the coroner or deputy coroner derives an economic benefit in such a9
transaction.10
C. A person may not make an anatomical gift if at the time of the death of11
the decedent, a person in a higher ranking class is reasonably available to make or12
to object to the making of an anatomical gift.13
§2354.4. Duties of hospital administrator; training; coordination Sale or purchase14
of parts prohibited15
A. As used in this Section: Except as otherwise provided in Subsection B of16
this Section, a person that for valuable consideration, knowingly purchases or sells17
a part for transplantation or therapy, if removal of the part is intended to occur after18
the death of the person, shall upon conviction be subject to a fine not exceeding fifty19
thousand dollars or imprisonment not exceeding five years with or without hard20
labor, or both.21
(1) "Administrator" means the chief operating officer of a hospital.22
(2) "Death" shall have the meaning provided in R.S. 9:111.23
(3) "Hospital" means any institution, place, building, or agency, public or24
private, whether for profit or not, devoted primarily to the maintenance and operation25
of facilities for ten or more individuals for the diagnosis, treatment, or care of26
persons admitted for overnight stay or longer who are suffering from illness, injury,27
infirmity, or deformity or other physical condition for which obstetrical, medical, or28 HLS 10RS-75 ENGROSSED
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surgical services would be available and appropriate. The term "hospital" does not1
include the following:2
(a) Physicians' offices or clinics where patients are not regularly kept as bed3
patients for twenty-four hours or more;4
(b) Nursing homes as defined by and regulated under the provisions of R.S.5
40:2009.1 through R.S. 40:2009.12;6
(c) Persons, schools, institutions, or organizations engaged in the care and7
treatment of mentally retarded children and which are required to be licensed by the8
provisions of R.S. 28:421 through R.S. 28:427; or9
(4) "Suitable candidate" means a patient who is certified by the attending10
physician, at or immediately before the time of death, to be a suitable donor for any11
organ or tissue donation based on accepted medical standards, and who has been12
released by the coroner in those instances required by law.13
B. When death occurs in a hospital, to a person determined to be a suitable14
candidate for organ or tissue donation based on accepted medical standards, the15
hospital administrator or designated representative shall request the appropriate16
person described in Subsection H of this Section to consent to the gift of any part of17
the decedent's body as an anatomical gift. A person may charge a reasonable amount18
for the removal, processing, preservation, quality control, storage, transportation,19
implantation, or disposal of a part.20
* * *21
§2354.5. Other prohibited acts22
A person who to obtain financial gain, intentionally falsifies, forges,23
conceals, defaces, or obliterates a document of gift, amendment, or revocation24
thereof, or a refusal shall be subject to a fine not exceeding fifty thousand dollars or25
imprisonment not exceeding five years with or without hard labor, or both.26
§2354.6. Immunity27
A. A person acting in good faith in accordance with this Part or with the28
applicable anatomical gift law of another state, shall not be liable in a civil action,29 HLS 10RS-75 ENGROSSED
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criminal prosecution, or administrative proceeding for any loss or damage caused by1
any act or omission.2
B. Neither the person making an anatomical gift nor the estate of the donor3
shall be liable for any injury or damage that results from the making or use of the gift4
unless the injury or damage was caused by the gross negligence or willful or wanton5
actions of the person.6
C. In determining whether an anatomical gift has been made, amended, or7
revoked in accordance with this Part, a person may rely upon representations in8
accordance with R.S. 17:2354.2 relating to his relationship with the donor or9
prospective donor unless the person knows that the representation is untrue.10
§2354.7. Law governing validity; choice of law; presumption11
A. A valid document of gift shall be executed in accordance with the12
provisions of this Part, the laws of the state or country where it was executed, or the13
laws of the state or country where the person making the anatomical gift was14
domiciled, has a place of residence, or was a national at the time the document of gift15
was executed.16
B. If a document of gift is valid in accordance with this Part, the law of this17
state governs the interpretation of the document of gift.18
C. A person may presume that a document of gift or amendment thereto is19
valid unless that person knows that it is not validly executed or it was revoked.20
§2354.8. Donor registry21
A. The secretary of the Department of Health and Hospitals may establish22
or contract for the establishment of a donor registry.23
B. The Louisiana Department of Public Safety and Corrections, office of24
motor vehicles, shall cooperate with any person administering any donor registry25
that this state establishes, contracts for, or recognizes for the purpose of transferring26
to the donor registry all relevant information regarding the making, amendment to,27
or revocation of an anatomical gift.28 HLS 10RS-75 ENGROSSED
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C. A donor registry shall be accessible seven days a week, twenty-four hours1
a day and allow each of the following:2
(1) A donor or other person authorized in accordance with R.S. 17:2352 to3
include on the donor registry a statement or symbol that the donor has made,4
amended, or revoked an anatomical gift.5
(2) A procurement organization to obtain relevant information to determine,6
at or near death of the donor or a prospective donor, whether the donor or7
prospective donor has made, amended, or revoked an anatomical gift.8
D. Personally identifiable information on a donor registry may not be used9
or disclosed without the express consent of the donor, prospective donor, or person10
that made the anatomical gift, for any purpose except to determine, at or near the11
death of the donor, whether he has made, amended, or revoked an anatomical gift.12
E. This Section does not prohibit any person from creating or maintaining13
a donor registry that is not established by or contracted with the state. Any such14
registry shall comply with Subsections C and D of this Section.15
§2354.9. Effect of anatomical gift on advance health care directives16
A. For the purposes of this Section, the following terms shall have the17
following meanings.18
(1) "Advance health care directive" means a power of attorney for health19
care or a record signed by a prospective donor containing his direction concerning20
health care decisions.21
(2) "Declaration" means a record signed by a prospective donor specifying22
the circumstance in which a life support system may be withheld or withdrawn from23
the donor.24
(3) "Health care decision" means any decision made regarding the health25
care of the prospective donor.26
B. If a prospective donor has a declaration or advance health care directive27
and the express or implied terms of a potential anatomical gift are in conflict with28
regard to the administration of measures necessary to ensure the medical suitability29 HLS 10RS-75 ENGROSSED
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of a part for transplantation or therapy, the attending physician and the donor shall1
confer to resolve the conflict. If the conflict cannot be resolved, a reasonably2
available agent acting for the declaration or directive, or if none, another person3
authorized by law to make health care decisions on behalf of the donor, shall act for4
him to resolve the conflict. The conflict shall be resolved as expeditiously as5
possible. Information relevant to the resolution of the conflict may be obtained from6
the appropriate procurement organization and any other person authorized to make7
an anatomical gift for the donor in accordance with R.S. 17:2354.2. Before8
resolution of the conflict, measures necessary to ensure the medical suitability of the9
part may not be withheld or withdrawn from the prospective donor if doing so is not10
contraindicated by appropriate end of life care.11
§2355. Delivery of document of gift ; right to examine12
If the gift is made by the donor to a named donee, the will or other document,13
or a copy thereof, may be delivered to him to expedite the appropriate procedures14
immediately after death, but such delivery is not necessary to validity of the gift.15
The document may also be deposited in any hospital or registry office that accepts16
such documents for safekeeping or for facilitation of procedures after death. Upon17
request of any interested party at or after the donor's death, the person in possession18
must produce the document for examination.19
A. A document of gift need not be delivered during the lifetime of the donor20
to be effective.21
B. Upon or after the death of the donor, a person in possession of a document22
of gift or a refusal to make an anatomical gift shall allow examination and copying23
of the document of gift or refusal by a person authorized to make or object to the24
making of an anatomical gift or by a person to which the gift may pass in accordance25
with this Part.26
§2355.1. Search for document of anatomical gift; notification27
A. A The following persons shall make a reasonable search of a person28
reasonably believed to be dead or near death for a document of gift or other29 HLS 10RS-75 ENGROSSED
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information which may indicate that a person is identifying the person as a donor or1
a person who has refused to make such a donation shall be made by:2
(1) Any law enforcement officer, fireman, paramedic, or anyone rendering3
emergency rescue services when the person is near death any other emergency4
rescuer assisting the person.5
(2) Any coroner, assistant coroner, or representative of the coroner's office6
who is investigating the death of a person.7
(3) Any hospital, upon as soon as practical after the arrival of a person who8
is dead or near death the person.9
B. The results of this search, if any, shall be communicated to the hospital10
where the person or his body is admitted. If a document of gift or refusal to make an11
anatomical gift is located in accordance with this Section, and the person or decedent12
to whom it related is taken to a hospital, the document of gift or refusal shall be sent13
to the hospital.14
C. If a person at or near death has been admitted or is in transit to a hospital15
and has been identified as a donor of his body, organs, tissue, or any part thereof, the16
hospital shall immediately notify the named donee if one is named and known, and17
if not, the federally approved organ procurement agency. A person shall not be18
subject to criminal or civil liability for failing to discharge the duties imposed by this19
Section but may be subject to administrative sanctions.20
* * *21
§2356. Revocation or amendment of the gift before death22
A. If the document of gift has been delivered to a named donee, it may be23
revoked by either: A person authorized to make an anatomical gift in accordance24
with this Part may amend or revoke the gift by a signed record or a later-executed25
document of gift that amends or revokes a pervious gift or portion of a gift either26
expressly or by inconsistency.27
(1) The execution and delivery to the donee or his agent of a revocation in28
writing signed by the donor, or29 HLS 10RS-75 ENGROSSED
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(2) An oral statement of revocation made in the presence of two persons,1
communicated to the donee or his agent, or2
(3) A statement during a terminal illness addressed to the attending physician3
and communicated to the donee, or4
(4) A card or writing, signed by the donor and carried on his person or in his5
effects, revoking the gift.6
B. A signed record in accordance with Subsection A of this Section shall be7
witnessed by at least two adults, one of whom is a disinterested witness, and state8
that it has been signed and witnessed in accordance with law.9
B. C. Any document of gift which has not been delivered to the donee An10
anatomical gift executed in accordance with this Part may be revoked in the manner11
set out in Subsection (A) of this section or by destruction, cancellation of the12
document of gift, or mutilation cancellation of the portion of the document of gift13
used to make the gift, with the intent to revoke.14
C. D. Any anatomical gift made by a will may be revoked or amended in the15
manner provided for revocation or amendment of wills or as provided in Subsection16
A of this Section.17
D. An anatomical gift may not be amended or revoked by any person other18
than the donor, except that when the gift is of the entire body, the body shall be19
returned after removal of all the useable organs to the surviving spouse or the next20
of kin upon the request of either.21
E. A donor may amend or revoke an anatomical gift that was not made in a22
will by any form of communication during a terminal illness or injury addressed to23
at least two adults, one of whom is disinterested.24
F. A person authorized to make an anatomical gift in accordance with this25
Section may make a gift by executing a signed document of gift or by oral26
communication that is electronically recorded or is contemporaneously reduced to27
a record and signed by the individual receiving the oral communication.28 HLS 10RS-75 ENGROSSED
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G. Subject to Subsection E of this Section, an anatomical gift by an1
authorized person may be amended or revoked orally or in a record by any2
reasonably available member of a higher ranking class. If more than one member3
of the class is available, the gift may be amended only if a majority of the members4
agree or revoked only if a majority of the members agree or are equally divided.5
H. A revocation in accordance with Subsection C of this Section is effective6
only if before an incision has been made to remove a part from the body of the donor7
or before invasive procedures have begun to prepare the recipient, the procurement8
organization, transplant hospital, or physician or technician knows of the revocation.9
§2357. Rights and duties at death of procurement organizations; others10
A. The donee may accept or reject the gift. If the donee accepts, and if the11
gift is of the entire body, the donee or his agent, if he deems it desirable, may12
authorize embalming and funeral services. If the gift is of a part of the body, the13
donee or his agent, immediately after the death of the donor and prior to embalming,14
may cause the part included in the gift to be removed without unnecessary15
mutilation. After removal of the part, custody of the remainder of the body shall be16
transferred promptly to the surviving spouse or next of kin or other persons under17
obligation to dispose of the body. When a hospital refers a person at or near death18
to a procurement organization, the procurement organization shall make a reasonable19
search of the records of the office of motor vehicles and any known donor registry20
to ascertain whether the person has made an anatomical gift.21
B. The time of death shall be determined by the physician who attends the22
donor at his death, or, if none, the physician who certifies the death. The physician23
shall not be a participant in the procedures for removing the part or transplanting it.24
A procurement organization shall be allowed reasonable access to information in the25
records of the office of motor vehicles to ascertain whether a person at or near death26
is a donor.27
C. The donee, agent of a donee, other person authorized to accept and utilize28
the gift, or any person authorized by the donor or donee to perform the surgical29 HLS 10RS-75 ENGROSSED
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operation to remove parts covered by the gift is not liable for damages in any civil1
action or subject to prosecution in any criminal proceeding for his act if he acts in2
good faith and without actual knowledge of revocation of the gift and in accord with3
the terms of a gift under this Part, in accord with a document carried by the donor as4
provided in this Part, or in accord with the laws of the state in which the document5
of gift was executed. When a hospital refers a person at or near death to a6
procurement organization, the procurement organization may conduct any reasonable7
examination necessary to ensure the medical suitability of a part that is or may be the8
subject of an anatomical gift for transplantation, therapy, research, or education.9
During the examination period, measures necessary to ensure the medical suitability10
of the part may not be withdrawn unless the hospital or procurement organization11
knows that the person expressed a contrary intent.12
D. The provisions of this Part are subject to the laws of this state prescribing13
powers and duties with respect to autopsies. Unless otherwise prohibited by law, at14
any time after the death of a donor, the person to which a part passes in accordance15
with R.S. 17:2353 may conduct any reasonable examination necessary to ensure the16
medical suitability of the body or part for its intended purpose.17
E. Unless otherwise prohibited by law, an examination in accordance with18
this Section may include an examination of all medical and dental records of the19
donor or prospective donor.20
F. Upon the death of a minor who was a donor or had signed a refusal, unless21
a procurement organization knows he was emancipated, it shall conduct a reasonable22
search for his parents and provide them with an opportunity to revoke or amend the23
anatomical gift or the refusal.24
G. Upon referral by a hospital in accordance with Subsection A of this25
Section, a procurement organization shall make a reasonable search for any person26
listed in R.S. 17:2354.2 having priority to make an anatomical gift on behalf of a27
person. If a procurement organization receives information that an anatomical gift28 HLS 10RS-75 ENGROSSED
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was made, amended, or revoked, it shall promptly advise the person of all relevant1
information.2
H. Subject to R.S. 17:2353, the rights of the person to which a part passes3
in accordance with this Part are superior to the rights of all others with respect to the4
part. The person may accept or reject an anatomical gift in whole or in part. Subject5
to the terms of the document of gift and this Part, a person that accepts an anatomical6
gift of an entire body may allow embalming, burial, cremation, and use of remains7
in a funeral service. If the gift is a part, the person to which the part passes, shall8
cause it to be removed without unnecessary mutilation prior to embalming, burial,9
or cremation.10
I. Neither the physician who attends the decedent at death nor the physician11
who determines the time of the death may participate in the procedures for removing12
or transplanting a part from the decedent.13
J. A qualified physician or technician may remove a donated part from the14
body of a donor.15
§2358. Uniformity of interpretation application and construction16
This Part shall be so construed as to effectuate its general purpose to make17
uniform the law of those states which enact it. In applying and construing this Part,18
consideration shall be given to the need to promote uniformity of the law with19
respect to this subject matter among states that enact it.20
§2358.1. Relation to electronic signatures in global and national commerce21
This Part modifies, limits, and supersedes the Electronic Signatures in Global22
and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify,23
limit, or supersede Section 7001 of that Act, or authorize electronic delivery of any24
of the notices described in Section 7003(b) of that Act.25
Section 2. R.S. 17:2354(F) and (G), 2354.4(C) through (K), and 2355.1(D) and (E)26
are hereby repealed in their entirety.27
Section 3. The provisions of this Act shall become effective on July 1, 2010; if28
vetoed by the governor and subsequently approved by the legislature, this Act shall become29 HLS 10RS-75 ENGROSSED
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effective on July 1, 2010, or on the day following such approval by the legislature,1
whichever is later.2
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)]
Gallot HB No. 1123
Abstract: Provides for a uniform Anatomical Gift Act.
(1)Present law provides for the donation or refusal to donate organs or tissue upon
death.
Proposed law rewrites present law to be uniform with the law of other states which
have enacted the same Uniform Anatomical Gift Act.
(2)Present law defines 11 terms relative to anatomical gifts.
Proposed law expands the number of definitions to 31, adding the terms "adult",
"agent", "anatomical gift" or "gift", "disinterested witness", "document of gift",
"donor", "donor registry", "driver's license", "eye bank", "guardian", "identification
card", "know", "minor", "parent", "prospective donor", "reasonably available",
"recipient", "record", "refusal", "sign", "tissue", "tissue bank", and "transplant
hospital".
Proposed law deletes from the set of defined terms "bank or storage facility",
"Louisiana-designated organ procurement organization", and "vascular organ".
(3)Proposed law provides for persons who may make an anatomical gift prior to the
death of the donor, persons who may receive an anatomical gift, and coordination of
organ procurement and use between hospitals and organ procurement organizations.
Proposed law provides for the authority to make an anatomical gift, the manner of
executing an anatomical gift prior to the death of the donor, refusal to make an
anatomical gift, search for document of anatomical gift and notification, and
revocation and amendment of anatomical gifts prior to death.
Proposed law provides for rights and duties of those who make anatomical gifts,
organ procurement organizations, hospitals, physicians, recipients of anatomical
gifts, and others.
Proposed law provides for prohibited acts, including the sale or purchase of parts,
subject to a fine of up to $50,000 or imprisonment of up to five years with or without
hard labor, or both.
Proposed law provides for immunity, validity of a document of anatomical gift,
effect of an anatomical gift on advance health care directives, and a donor registry.
Effective July 1, 2010.
(Amends R.S. 17:2351, 2352, 2352.1, 2353, 2354(A)-(E), 2354.1, 2354.2, 2354.3, 2354.4(A)
and (B), 2355, 2355.1(A), (B), and (C), 2356, 2357, and 2358; Adds R.S. 17:2354.5-2354.9
and 2358.1; Repeals R.S. 17:2354(F) and (G), 2354.4(C)-(K), and 2355.1(D) and (E)) HLS 10RS-75 ENGROSSED
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Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Health and Welfare to the
original bill.
1. Restored present law provisions regarding the definition of death.
2. Made technical changes.
3. Provided that a Louisiana-designated organ procurement organization may only
transfer a vascular organ to an out-of-state entity if a suitable recipient in La.
cannot be found in a reasonable amount of time.
4. Added that a donor may also revoke or refuse an anatomical gift in certain ways.