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Regular Session, 2010
HOUSE BILL NO. 1123
BY REPRESENTATIVES GALLOT, BALDONE, BROSSETT, BURRELL,
CHAMPAGNE, FANNIN, GISCLAIR, HINES, GIROD JACKSON, KATZ, LIGI,
RICHARD, RICHMOND, GARY SMITH, JANE SMITH, AND STIAES
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 HLS 10RS-75 REENGROSSED
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amended and reenacted and R.S. 17:2354.5 through 2354.9 and 2358.1 are hereby enacted1
to read as follows: 2
§2351. Definitions3
(1) "Bank or storage facility" means a facility licensed or approved under the4
laws of any state for storage of human bodies or parts thereof, for use in medical5
education, research, therapy, or transplantation to individuals. "Adult" means a6
person who has attained eighteen years of age.7
(2) "Agent" means a person:8
(a) Authorized to make healthcare decisions on behalf of the principal by a9
power of attorney for health care; or10
(b) Expressly authorized to make an anatomical gift on behalf of the11
principal by any other record signed by the principal.12
(3) "Anatomical gift" or "gift" means a donation of all or part of a human13
body to take effect after the death of the donor for the purpose of transplantation,14
therapy, research, or education.15
(2) (4) "Decedent" means an individual of any age and includes a stillborn16
infant a deceased person whose body or part is or may be the source of an anatomical17
gift. The term does not include a stillborn infant and, subject to restrictions imposed18
by law, a fetus.19
(5) "Disinterested witness" means a witness other than the spouse, child,20
parent, sibling, grandchild, grandparent, or guardian of the person who makes,21
amends, revokes, or refuses to make an anatomical gift, or an adult who exhibited22
special care and concern for the person. The term does not include a recipient of an23
anatomical gift in accordance with the provisions of R.S. 17:2353.24
(6) "Document of gift" means a donor card or other record used to make an25
anatomical gift. The term includes a statement or symbol on a driver's license,26
identification card, or donor registry.27
(7) "Donor" means a person whose body or part is the subject of an28
anatomical gift.29 HLS 10RS-75 REENGROSSED
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(8) "Donor registry" means a database that contains records of anatomical1
gifts and amendments to or revocations thereof.2
(9) "Driver's license" means a license or permit issued by the Louisiana3
Department of Public Safety and Corrections, office of motor vehicles, to operate a4
vehicle, whether or not conditions are attached to the license or permit.5
(10) "Eye bank" means a person that is licensed, accredited, or regulated6
under federal or state law to engage in the recovery, screening, testing, processing,7
storage, or distribution of human eyes or portions of human eyes.8
(11) "Guardian" means a person appointed by a court to make decisions9
regarding the support, care, education, health, or welfare of a person. The term does10
not include a guardian ad litem.11
(3) (12) "Hospital" means a facility licensed as a hospital licensed,12
accredited, or approved under the laws of any state and includes a hospital or a13
facility operated as a hospital by the United States government, a state, or a14
subdivision of a state thereof, although not required to be licensed under state laws.15
(13) "Identification card" means a card issued by the Louisiana Department16
of Public Safety and Corrections, office of motor vehicles.17
(14) "Know" means to have actual knowledge.18
(15) "Minor" means a person who has not yet attained eighteen years of age.19
(16) "Organ procurement organization" means a person designated by the20
Secretary of the United States Department of Health and Human Services as an eye21
bank, organ procurement organization, or tissue bank.22
(17) "Parent" means a person whose parental rights have not been23
terminated.24
(4) (18) "Part" of a body includes organs, tissues, eyes, bones, arteries,25
blood, other fluids and other portions of bodies, and "part" includes "parts means an26
organ, an eye, or tissue of a human being. The term does not include the whole27
body.28 HLS 10RS-75 REENGROSSED
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(5) (19) "Person" means an individual, corporation, government or1
governmental subdivision or agency, business trust, estate, trust, partnership, limited2
liability company, or association, joint venture, public corporation, government or3
governmental subdivision, agency, or instrumentality, or any other legal or4
commercial entity.5
(6) (20) "Physician" or "surgeon" means a physician or surgeon licensed to6
practice means a person authorized and licensed to practice medicine or osteopathy7
under the laws of any state.8
(21) "Prospective donor" means a person who is dead or near death and has9
been determined by a procurement organization to have a part that may be medically10
suitable for transplantation, therapy, research, or education. The term does not11
include a person who has made a refusal.12
(22) "Reasonably available" means able to be contacted by a procurement13
organization without undue effort and willing and able to act in a timely manner14
consistent with existing medical criteria necessary for the making of an anatomical15
gift.16
(23) "Recipient" means a person into whose body a part of a decedent has17
been or is intended to be transplanted.18
(24) "Record" means information that is inscribed on a tangible medium or19
that is stored in an electronic or other medium and is retrievable in perceivable form.20
(25) "Refusal" means a record created pursuant to the provisions of R.S.21
17:2354.1 that expressly states an intent to bar other persons from making an22
anatomical gift of a body or part of a person.23
(26) "Sign" means, with the present intent to authenticate or adopt a record24
either:25
(a) To execute or adopt a tangible symbol.26
(b) To attach to or logically associate with the record an electronic symbol,27
sound, or process.28 HLS 10RS-75 REENGROSSED
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(7) (27) "State" includes any state, district, commonwealth, territory, insular1
possession, and any other area subject to the legislative authority of the United States2
of America. means a state of the United States, the District of Columbia, Puerto3
Rico, the United States Virgin Islands, or any territory or insular possession subject4
to the jurisdiction of the United States.5
(8) (28) "Technician" means any individual who has successfully completed6
a course in eye enucleation for ophthalmic medical assistants approved by the7
American Association of Ophthalmology and possesses documentary proof of8
qualifications determined to be qualified to remove or process parts by an9
appropriate organization that is licensed, accredited, or regulated under federal or10
state law. The term includes an enucleator.11
(29) "Tissue" means a portion of the human body other than an organ or an12
eye. The term does not include blood unless the blood is donated for the purpose of13
research or education.14
(30) "Tissue bank" means a person that is licensed, accredited, or regulated15
under federal or state law to engage in the recovery, screening, testing, processing,16
storage, or distribution of tissue.17
(31) "Transplant hospital" means a hospital that furnishes organ transplants18
and other medical and surgical specialty services required for the care of transplant19
patients.20
(9) "Organ procurement organization" means an organization that is21
designated by the United States Department of Health and Human Services, Health22
Care Financing Administration or its successor, to perform or coordinate the23
performance of surgical recovery, preservation, and transportation of organs, and that24
maintains a system for locating prospective recipients for available organs.25
(10) "Louisiana-designated organ procurement organization" means the26
organ procurement organization for the state as designated by the secretary of the27
Department of Health and Hospitals under R.S. 17:2354.4(J).28 HLS 10RS-75 REENGROSSED
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(11) "Vascular organ" means the heart, lungs, kidneys, liver, pancreas, or any1
other organ that requires the continuous circulation of blood to remain useful for2
transplantation purposes. As used in this Part, "vascular organ" does not include3
human tissue, bones, or corneas.4
§2352. Persons Applicability; persons who may execute make an anatomical gift5
prior to the death of the donor6
A. Any individual who is competent to execute a will may give all or any7
part of his body for any of the purposes specified in R.S. 17:2353, the gift to take8
effect after death. The rights of the donee are superior to the rights of the surviving9
spouse and next of kin. The provisions of this Part shall apply to an anatomical gift10
or amendment, revocation, or refusal to make an anatomical gift.11
B. Unless he has knowledge that contrary directions have been given by the12
decedent, any of the following persons, in the order of priority stated, may give all13
or any part of a decedent's body for any of the purposes specified in R.S. 17:2353:14
Subject to the provisions of R.S. 17:2354.2, an anatomical gift of a body or part of15
the donor may be made during his life for the purpose of transplantation, therapy,16
research, or education as provided in R.S. 17:2354 by any of the following:17
(1) The spouse if one survives; if not, An adult donor.18
(2) An adult son or daughter, A minor donor, if he has been emancipated or19
authorized under state law to apply for a driver's license.20
(3) Either parent, An agent of the donor, unless the power of attorney for21
health care or other record prohibits it.22
(4) An adult brother or sister, A parent of the donor, if he is an23
unemancipated minor.24
(5) The guardian of the person of the decedent at the time of his death, The25
guardian of the donor.26
(6) Any other person authorized or under obligation to dispose of the body.27
If there is no surviving spouse, and an adult son or daughter is not immediately28
available at the time of death, the gift may be made by either parent; if neither an29 HLS 10RS-75 REENGROSSED
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adult son or daughter nor a parent is immediately available, it may be made by any1
adult brother or sister; but the donee shall not accept the gift if he or his agent has2
received notice that there is controversy within the class of relatives enabled under3
the above priorities to make the gift. The persons authorized by this subsection to4
make the gift may execute the document of gift either after death or immediately5
before death during a terminal illness or injury.6
C. Any gift of all or part of a body is deemed to authorize such examination7
as may be necessary to assure medical acceptability of gift for the purposes intended.8
D. No person shall disclose, disseminate or make public the fact of the9
making or acceptance of a gift authorized under the provisions of this Part without10
the prior specific consent of the donor, or if he is unable, that of the person11
authorized to make gifts under the provisions of Subsection (B) hereof in the order12
therein prescribed, unless otherwise required by law. Any person who makes any13
such disclosure as contemplated herein in violation of the provisions of this14
subsection shall be subject to absolute liability for damages in an amount of not less15
than five thousand dollars nor more than ten thousand dollars in a civil action16
instituted pursuant hereto by the person whose authorization therefor had not been17
obtained.18
§2352.1. Information about organ donation for hospital patients Coordination of19
procurement and use20
Upon discharge, each hospital may furnish to a patient, the patient's family,21
or a patient representative written information about organ donation, such22
information to be supplied at no cost to the hospital by the Louisiana Organ23
Procurement Agency. Each hospital in this state shall enter into an agreement or24
affiliation with procurement organizations for the coordination of procurement and25
use of anatomical gifts.26 HLS 10RS-75 REENGROSSED
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§2353. Persons who may become donees receive anatomical gifts; purposes for1
which purpose of anatomical gifts may be made; out-of-state organ transfer2
A. The following persons may become donees of gifts of bodies or parts3
thereof for the purposes stated An anatomical gift may be made to any of the4
following:5
(1) Any hospital, surgeon, or physician, for medical or dental education,6
research, advancement of medical or dental science, therapy, or transplantation to7
individuals.8
(2) Any accredited medical school, or dental school, college, or university,9
engaged in medical or dental education or research for educational, research, or10
medical or dental science purposes.11
(3) The Louisiana-designated organ procurement organization, or other12
appropriate person, for research or education.13
(4) Any person operating an organ procurement organization or an organ14
bank or storage facility.15
(5) Any specific donee, for therapy or transplantation needed by him.16
(2) Subject to the provisions of Subsection B of this Section, a person17
designated by a donor.18
(3) An eye or tissue bank.19
B.(1) In the event an anatomical gift is made in the state of Louisiana of any20
vascular organ for transplantation purposes, if the donor does not name a specific21
donee and the organ is deemed suitable for transplantation to an individual, the22
vascular organ shall be donated to the Louisiana-designated organ procurement23
organization. Said organization shall use its best efforts to determine if there is a24
suitable recipient in the state. If an anatomical gift to a person in accordance with25
this Section cannot be transplanted into the recipient, the part passes in accordance26
with the provisions of Subsection G of this Section in the absence of an express,27
contrary indication by the donor.28 HLS 10RS-75 REENGROSSED
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(2)(a) Subject to the provisions of Subparagraph (b) of this Paragraph, if, in1
the best judgment of the Louisiana-designated organ procurement organization, the2
people of Louisiana would be best served by the organization's entry into reciprocal3
agreements for the sharing of vascular organs with qualified organ procurement4
organizations in other states, then the organization shall have the authority, with sole5
discretion as to terms and conditions, to enter into such vascular organ-sharing6
arrangements as it may deem advisable, necessary, or expedient. The terms of such7
vascular organ-sharing arrangements may provide that a vascular organ recovered8
in Louisiana may be transferred to an out-of-state organ procurement organization9
and transplanted there into a suitable recipient, before such vascular organ is offered10
and placed into a suitable recipient located in Louisiana.11
(b) Prior to the Louisiana-designated organ procurement organization12
entering into a reciprocal agreement, the proposed agreement shall be submitted to13
the Senate Committee on Health and Welfare and the House Committee on Health14
and Welfare for review and comment.15
(3) The Louisiana-designated organ procurement organization may only16
transfer a vascular organ to an out-of-state organ procurement organization or17
suitable out-of-state recipient for transplantation if either:18
(a) A suitable recipient in the state of Louisiana cannot be found in a19
reasonable amount of time.20
(b) The Louisiana-designated organ procurement organization has a21
reciprocal agreement with the out-of-state procurement organization as provided in22
Paragraph (2) of this Subsection.23
C. If an anatomical gift of one or more specific parts or of all parts is made24
in a document of gift that does not name a person in accordance with Subsection A25
of this Section but identifies the purpose for which an anatomical gift may be used,26
the following shall apply:27
(1) If the part is an eye and the gift is for the purpose of transplantation or28
therapy, the gift passes to the appropriate eye bank.29 HLS 10RS-75 REENGROSSED
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(2) If the part is tissue and the gift is for the purpose of transplantation or1
therapy, the gift passes to the appropriate tissue bank.2
(3) If the part is an organ and the gift is for the purpose of transplantation or3
therapy, the gift passes to the appropriate organ procurement organization as4
custodian of the organ.5
(4) If the part is an organ, eye, or tissue and the gift is for the purpose of6
research or education, the gift passes to the appropriate procurement organization.7
D. For the purposes of Subsection C of this Section, if there is more than one8
purpose of an anatomical gift set forth in the document of gift but the purposes are9
not set forth in any priority, the gift shall be used for transplantation or therapy. If10
the gift cannot be used for transplantation or therapy, the gift may be used for11
research or education.12
E. If an anatomical gift of one or more specific parts is made but does not13
name a person in accordance with Subsection A of this Section and does not identify14
the purpose of the gift, the gift may be used only for transplantation or therapy, and15
the gift passes in accordance with the provisions of Subsection G of this Section.16
F. If a document of gift specifies a general intent to make an anatomical gift17
by words such as "donor," "organ donor", or "body donor", or by a symbol or18
statement of similar import, the gift may be used only for transplantation or therapy,19
and the gift passes in accordance with the provisions of Subsection G of this Section.20
G. For purposes of Subsections B, E, and F of this Section the following21
shall apply:22
(1) If the part is an eye, the gift passes to the appropriate eye bank.23
(2) If the part is tissue, the gift passes to the appropriate tissue bank.24
(3) If the part is an organ, the gift passes to the appropriate organ25
procurement organization as custodian of the organ.26
H. An anatomical gift of an organ for transplantation or therapy, other than27
an anatomical gift made in accordance with Paragraph (A)(2) of this Section, passes28
to the organ procurement organization as custodian of the organ.29 HLS 10RS-75 REENGROSSED
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I. If an anatomical gift does not pass pursuant to the provisions of1
Subsections A through H of this Section, or the body or part of the decedent is not2
used for transplantation, therapy, research, or education, custody of the body or part3
passes to the person obligated to properly dispose of the body or part.4
J. A person may not accept an anatomical gift if he knows the gift was not5
effectively made pursuant to the provisions of R.S. 17:2354 or 2356 or if the person6
knows that the decedent made a refusal in accordance with the provisions of R.S.7
17:2354.1 that has not been revoked. For purposes of this Subsection, if a person8
knows that an anatomical gift was made on a document of gift, the person is9
presumed to know of any amendment, revocation, or refusal made to the same10
document of gift.11
K. The Louisiana-designated organ procurement organization may transfer12
a vascular organ to an out-of-state organ procurement organization or suitable out-of-13
state recipient for transplantation only if a suitable recipient in the state of Louisiana14
cannot be found in a reasonable amount of time.15
L. Except as otherwise provided in Paragraph (A)(2) of this Section, nothing16
in this Part affects the allocation of organs for transplantation or therapy.17
§2354. Manner of executing anatomical gifts gift prior to death of donor18
A. A gift of all or part of the body under this Part may be made by will, in19
which case the gift becomes effective at the death of the testator without waiting for20
probate. If the will is not probated, or if it is declared invalid for testamentary21
purposes, the gift, to the extent that it has been acted upon in good faith, is22
nevertheless valid and effective. A donor may make, revoke, or refuse an anatomical23
gift by any of the following:24
(1) Authorizing a statement or symbol indicating that he has made an25
anatomical gift to be imprinted on his driver's license or identification card.26
(2) Executing a will.27
(3) Any form of communication addressed to at least two adults, at least one28
of whom is a disinterested witness, during a terminal illness or injury.29 HLS 10RS-75 REENGROSSED
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B. A gift of all or part of the body under this Part may also be made by a1
document other than a will. The document must be signed by the donor, in the2
presence of two witnesses who in turn shall sign the document in his presence. If the3
donor cannot sign in person, the document may be signed for him at his direction and4
in his presence, and in the presence of two witnesses who shall sign the document5
in his presence. Delivery of the document of gift during the donor's lifetime is not6
necessary to make the gift valid. The gift becomes effective at the death of the7
donor. A donor or other person authorized to make an anatomical gift pursuant to8
R.S. 17:2352 may make an anatomical gift by any of the following:9
(1) Verbally, by telephone, provided that the conversation is recorded and10
a record of such conversation is maintained.11
(2) Verbally when expressed or given before two witnesses.12
(3) Verbally, by telephone, provided that the conversation is witnessed.13
(4) In accordance with Subsection C of this Section.14
C. The document of gift may consist of a properly executed card carried on15
the donor's person or in his effects. The document of gift also may be printed on the16
reverse side of an operator's or chauffeur's license as provided by R.S. 32:410. A17
donor or other person authorized to make an anatomical gift pursuant to R.S.18
17:2352 may make a gift by a donor card or other record signed by the person19
making the gift or by authorizing that a statement or symbol indicating that a gift has20
been made be included on a donor registry. If the donor or other person is physically21
unable to sign a record, the record may be signed by another person at the direction22
of the person making the gift and the record shall:23
(1) Be witnessed by two adults, one of whom is a disinterested witness, who24
have signed at the request of the person making the gift; and25
(2) State that it has been signed and witnessed as provided in Paragraph (1)26
of this Subsection.27
D. The gift may be made either to a named donee or without the naming of28
a donee. If the latter, the gift may be accepted by and utilized under the direction of29 HLS 10RS-75 REENGROSSED
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the attending physician at or following death. If the gift is made to a named donee1
who is not reasonably available at the time and place of death, and the gift is2
evidenced by a properly executed card or other writing carried on the donor's person3
or in his effects, the attending physician at or following death, in reliance upon the4
card or writing, and in the absence of any expressed indication that the donor desired5
otherwise, may accept and utilize the gift as the agent of the donee for any purpose6
authorized in R.S. 17:2353. The agent possesses and may exercise all of the rights7
and is entitled to all of the immunities of the donee under this Part. Revocation,8
suspension, expiration, or cancellation of a driver's license or identification card9
upon which an anatomical gift is indicated does not invalidate the gift.10
E. Except as provided in R.S. 17:2357(B), the donor may designate in his11
will or other document of gift the surgeon, physician or technician to implement the12
appropriate procedures. In the absence of such designation, or if the designee is not13
reasonably available, the donee or other person authorized to accept the gift may14
employ or authorize any licensed surgeon, physician or technician to implement the15
appropriate procedures herein authorized. An anatomical gift executed in a will16
takes effect upon the death of the donor whether or not the will is probated.17
Invalidation of the will after the death of the donor does not invalidate the gift.18
* * *19
§2354.1. Coroner's consent for eye enucleation Refusal to make anatomical gift;20
effect21
A. A physician, technician, or other authorized person trained in eye22
enucleation may remove the eyes of a decedent immediately following certification23
of death provided: A person may refuse to make an anatomical gift of his body or24
part by executing any of the following:25
(1) There is written authorization by a person empowered to execute an26
anatomical gift as provided in R.S. 17:2352(B); or A signed record in accordance27
with Subsection B of this Section or if he is physically unable to sign, another person28
acting at the direction of the person shall sign.29 HLS 10RS-75 REENGROSSED
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(2) There is authorization by the parish coroner; and A will and testament,1
whether or not the will is admitted to probate or invalidated after his death.2
(3) The eyes will be donated to an authorized donee of gifts of bodies or3
parts thereof as defined in R.S. 17:2353 for the purposes of advancing medical4
science or for the replacement or rehabilitation of eyes in living persons. Any form5
of communication made by the person during a terminal illness or injury addressed6
to at least two adults, one of whom is a disinterested witness.7
B.(1) Neither the coroner, physician, surgeon, technician, hospital, bank, or8
storage facility, nor the donee, who acts in good faith to comply with this Section9
shall be liable in any civil action to a claimant who alleges that his authorization for10
use of the eyes was required. A signed record, shall be witnessed by at least two11
adults, one of whom is a disinterested witness, and shall state that it has been signed12
and witnessed as provided in Subsection A of this Section.13
(2) The provisions of this Subsection shall not be construed as limiting or14
restricting the liability of a coroner, physician, surgeon, technician, hospital, bank15
or storage facility or the donee as provided by R.S. 17:2357(C).16
(3) The parish coroner, deputy coroner, or any legal representative or agent17
of the coroner acting pursuant to the provisions of this Section shall not authorize the18
removal of the eyes of a decedent where the coroner, deputy coroner, or coroner's19
legal representative or agent derives or may derive any direct or indirect financial20
benefit relative to the removal, donation, or use of the eyes.21
C. A person who has made a refusal to make an anatomical gift, may amend22
or revoke the refusal in any of the following ways:23
(1) In the manner provided in Subsection A of this Section for making a24
refusal.25
(2) By subsequently making an anatomical gift in accordance with R.S.26
17:2354 that is inconsistent with the refusal.27
(3) By destroying or canceling the record or a portion thereof evidencing the28
refusal, with the intent of revocation.29 HLS 10RS-75 REENGROSSED
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D. Except as otherwise provided in R.S. 17:2354.2, in the absence of an1
express contrary indication set forth in the refusal, an unrevoked refusal bars all2
other persons from making an anatomical gift of the body or part of the person.3
§2354.2. Coroner's consent for kidney removal Preclusive effect of anatomical gift;4
amendment; revocation5
A. A physician or surgeon may remove the kidneys of a decedent6
immediately following certification of death provided: Except as otherwise provided7
in Subsection G of this Section and subject to Subsection F of this Section, in the8
absence of an express, contrary indication by the donor, a person other than the9
donor is barred from making, amending, or revoking an anatomical gift of the body10
or part of the donor if the gift complies with R.S. 17:2354 or 2356. 11
(1) There is written authorization by a person empowered to execute an12
anatomical gift as provided in R.S. 17:2352(B); or13
(2) There is authorization by the parish coroner; and14
(3) The kidneys will be or are intended to be donated to an authorized donee15
of gifts of bodies or parts thereof as defined in R.S. 17:2353 for the purpose of16
advancing medical science or for the replacement of kidneys in living persons.17
B.(1) Neither the coroner, physician, surgeon, technician, hospital, bank, or18
storage facility, nor the donee, who acts in good faith to comply with this Section,19
shall be liable in any civil action to a claimant who alleges that his authorization for20
use of the kidneys was required. A revocation of a gift in accordance with R.S.21
17:2356 is not a refusal and does not bar another person from making an anatomical22
gift of the body or part of the donor in accordance with this Part.23
(2) The provisions of this Subsection shall not be construed as limiting or24
restricting the liability of a coroner, physician, surgeon, technician, hospital, bank25
or storage facility or the donee as provided by R.S. 17:2357(C).26
(3) The parish coroner, deputy coroner, or any legal representative or agent27
of the coroner acting pursuant to the provisions of this Section shall not authorize the28
removal of the kidneys of a decedent where the coroner, deputy coroner, or coroner's29 HLS 10RS-75 REENGROSSED
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legal representative or agent derives or may derive any direct or indirect financial1
benefit relative to the removal, donation, or use of the kidneys.2
C. If a person other than the donor makes an unrevoked anatomical gift of3
the body or part or the donor in accordance with R.S. 17:2354 or amends a gift of the4
body or part of the donor in accordance with R.S. 17:2356, another person may not5
make, amend, or revoke the gift in accordance with R.S. 17:2356.6
D. A revocation of an anatomical gift of the body or part of a donor in7
accordance with R.S. 17:2356 by a person other than the donor does not bar another8
person from making an anatomical gift of the body or part in accordance with R.S.9
17:2354 or 2356.10
E. In the absence of an express, contrary indication by the donor or other11
person authorized to make an anatomical gift, an anatomical gift of a part is neither12
a refusal to give another part nor a limitation on the making of a gift of another part13
at a later time by the donor or another person.14
F. In the absence of an express, contrary indication by the donor or other15
person authorized to make an anatomical gift, an anatomical gift of a part for one or16
more of the purposes in R.S. 17:2352 is not a limitation on the making of an17
anatomical gift of the part for any other purpose in accordance with R.S. 17:2354 or18
2356.19
G. If an unemancipated minor donor dies, his reasonably available parent20
may revoke or amend the anatomical gift.21
§2354.3. Coroner's consent for heart, lungs, liver, soft tissue, or bone removal22
Authority to make an anatomical gift of a body or part23
A. A physician or surgeon may remove the heart, lungs, liver, soft tissue, or24
bone of a decedent immediately following certification of death provided: Subject25
to Subsections B and C of this Section and unless barred by R.S. 17:2354.1 or26
2354.2, an anatomical gift of the body or part of a decedent for the purpose of27
transplantation, therapy, research, or education may be made by any reasonably28
available member of the following classes, in the following order of priority:29 HLS 10RS-75 REENGROSSED
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(1) There is written authorization by a person empowered to execute an1
anatomical gift as provided in R.S. 17:2352(B); or The agent who could have made2
an anatomical gift in accordance with R.S. 17:2352 immediately before the death of3
the decedent.4
(2) There is authorization by the parish coroner; and The surviving spouse5
of the decedent.6
(3) The heart, lungs, liver, soft tissue, or bone will be donated to an7
authorized donee of gifts of bodies or parts thereof as defined in R.S. 17:2353 for the8
purpose of advancing medical science or for the replacement of the heart, lungs,9
liver, soft tissue, or bone in living persons. The adult children of the decedent.10
(4) The parents of the decedent.11
(5) The adult siblings of the decedent.12
(6) The adult grandchildren of the decedent.13
(7) The grandparents of the decedent.14
(8) An adult who exhibited special care and concern for the decedent.15
(9) The person acting as guardian of the decedent at the time of death.16
(10) Any other person having the authority to dispose of the body of the17
decedent.18
B.(1) Neither the coroner, physician, surgeon, technician, hospital, bank or19
storage facility, nor the donee, who acts in good faith to comply with this Section20
shall be liable in any civil action to a claimant who alleges that his authorization for21
use of the heart, lungs, liver, soft tissue, or bone was required. If there is more than22
one member of a class listed in Subsection A of this Section entitled to make an23
anatomical gift, an anatomical gift may be made by a member of the class unless that24
member or a person to which the gift may pass in accordance with R.S. 17:235325
knows of an objection by another member of the class. If an objection is known, the26
gift may be made only by a majority of the members of the class who are reasonably27
available.28 HLS 10RS-75 REENGROSSED
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(2) The provisions of this Subsection shall not be construed as limiting or1
restricting the liability of a coroner, physician, surgeon, technician, hospital, bank2
or other storage facility, or the donee as provided by R.S. 17:2357(C).3
(3) The parish coroner, deputy coroner, or any legal representative or agent4
of the coroner acting pursuant to the provisions of this Section shall not authorize the5
removal of the heart, lungs, liver, soft tissue, or bone of a decedent where the6
coroner, deputy coroner, or coroner's legal representative or agent derives or may7
derive any direct or indirect financial benefit relative to the removal, donation, or use8
of the heart, lungs, liver, soft tissue, or bone.9
(4) No coroner, deputy coroner, or any legal representative or agent of the10
coroner shall authorize the removal of kidneys, heart, lungs, liver, soft tissue or bone11
where the coroner or deputy coroner derives an economic benefit in such a12
transaction.13
C. A person may not make an anatomical gift if at the time of the death of14
the decedent, a person in a higher ranking class is reasonably available to make or15
to object to the making of an anatomical gift.16
§2354.4. Duties of hospital administrator; training; coordination Sale or purchase17
of parts prohibited18
A. As used in this Section: Except as otherwise provided in Subsection B of19
this Section, a person that for valuable consideration, knowingly purchases or sells20
a part for transplantation or therapy, if removal of the part is intended to occur after21
the death of the person, shall upon conviction be subject to a fine not exceeding fifty22
thousand dollars or imprisonment not exceeding five years with or without hard23
labor, or both.24
(1) "Administrator" means the chief operating officer of a hospital.25
(2) "Death" shall have the meaning provided in R.S. 9:111.26
(3) "Hospital" means any institution, place, building, or agency, public or27
private, whether for profit or not, devoted primarily to the maintenance and operation28
of facilities for ten or more individuals for the diagnosis, treatment, or care of29 HLS 10RS-75 REENGROSSED
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persons admitted for overnight stay or longer who are suffering from illness, injury,1
infirmity, or deformity or other physical condition for which obstetrical, medical, or2
surgical services would be available and appropriate. The term "hospital" does not3
include the following:4
(a) Physicians' offices or clinics where patients are not regularly kept as bed5
patients for twenty-four hours or more;6
(b) Nursing homes as defined by and regulated under the provisions of R.S.7
40:2009.1 through R.S. 40:2009.12;8
(c) Persons, schools, institutions, or organizations engaged in the care and9
treatment of mentally retarded children and which are required to be licensed by the10
provisions of R.S. 28:421 through R.S. 28:427; or11
(4) "Suitable candidate" means a patient who is certified by the attending12
physician, at or immediately before the time of death, to be a suitable donor for any13
organ or tissue donation based on accepted medical standards, and who has been14
released by the coroner in those instances required by law.15
B. When death occurs in a hospital, to a person determined to be a suitable16
candidate for organ or tissue donation based on accepted medical standards, the17
hospital administrator or designated representative shall request the appropriate18
person described in Subsection H of this Section to consent to the gift of any part of19
the decedent's body as an anatomical gift. A person may charge a reasonable amount20
for the removal, processing, preservation, quality control, storage, transportation,21
implantation, or disposal of a part.22
* * *23
§2354.5. Other prohibited acts24
A person who to obtain financial gain, intentionally falsifies, forges,25
conceals, defaces, or obliterates a document of gift, amendment, or revocation26
thereof, or a refusal shall be subject to a fine not exceeding fifty thousand dollars or27
imprisonment not exceeding five years with or without hard labor, or both.28 HLS 10RS-75 REENGROSSED
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§2354.6. Immunity1
A. A person acting in good faith in accordance with this Part or with the2
applicable anatomical gift law of another state, shall not be liable in a civil action,3
criminal prosecution, or administrative proceeding for any loss or damage caused by4
any act or omission.5
B. Neither the person making an anatomical gift nor the estate of the donor6
shall be liable for any injury or damage that results from the making or use of the gift7
unless the injury or damage was caused by the gross negligence or willful or wanton8
actions of the person.9
C. In determining whether an anatomical gift has been made, amended, or10
revoked in accordance with this Part, a person may rely upon representations in11
accordance with R.S. 17:2354.2 relating to his relationship with the donor or12
prospective donor unless the person knows that the representation is untrue.13
§2354.7. Law governing validity; choice of law; presumption14
A. A valid document of gift shall be executed in accordance with the15
provisions of this Part, the laws of the state or country where it was executed, or the16
laws of the state or country where the person making the anatomical gift was17
domiciled, has a place of residence, or was a national at the time the document of gift18
was executed.19
B. If a document of gift is valid in accordance with this Part, the law of this20
state governs the interpretation of the document of gift.21
C. A person may presume that a document of gift or amendment thereto is22
valid unless that person knows that it is not validly executed or it was revoked.23
§2354.8. Donor registry24
A. The secretary of the Department of Health and Hospitals may establish25
or contract for the establishment of a donor registry.26
B. The Louisiana Department of Public Safety and Corrections, office of27
motor vehicles, shall cooperate with any person administering any donor registry28
that this state establishes, contracts for, or recognizes for the purpose of transferring29 HLS 10RS-75 REENGROSSED
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to the donor registry all relevant information regarding the making, amendment to,1
or revocation of an anatomical gift.2
C. A donor registry shall be accessible seven days a week, twenty-four hours3
a day and allow each of the following:4
(1) A donor or other person authorized in accordance with R.S. 17:2352 to5
include on the donor registry a statement or symbol that the donor has made,6
amended, or revoked an anatomical gift.7
(2) A procurement organization to obtain relevant information to determine,8
at or near death of the donor or a prospective donor, whether the donor or9
prospective donor has made, amended, or revoked an anatomical gift.10
D. Personally identifiable information on a donor registry may not be used11
or disclosed without the express consent of the donor, prospective donor, or person12
that made the anatomical gift, for any purpose except to determine, at or near the13
death of the donor, whether he has made, amended, or revoked an anatomical gift.14
E. This Section does not prohibit any person from creating or maintaining15
a donor registry that is not established by or contracted with the state. Any such16
registry shall comply with Subsections C and D of this Section.17
§2354.9. Effect of anatomical gift on advance health care directives18
A. For the purposes of this Section, the following terms shall have the19
following meanings.20
(1) "Advance health care directive" means a power of attorney for health21
care or a record signed by a prospective donor containing his direction concerning22
health care decisions.23
(2) "Declaration" means a record signed by a prospective donor specifying24
the circumstance in which a life support system may be withheld or withdrawn from25
the donor.26
(3) "Health care decision" means any decision made regarding the health27
care of the prospective donor.28 HLS 10RS-75 REENGROSSED
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B. If a prospective donor has a declaration or advance health care directive1
and the express or implied terms of a potential anatomical gift are in conflict with2
regard to the administration of measures necessary to ensure the medical suitability3
of a part for transplantation or therapy, the attending physician and the donor shall4
confer to resolve the conflict. If the conflict cannot be resolved, a reasonably5
available agent acting for the declaration or directive, or if none, another person6
authorized by law to make health care decisions on behalf of the donor, shall act for7
him to resolve the conflict. The conflict shall be resolved as expeditiously as8
possible. Information relevant to the resolution of the conflict may be obtained from9
the appropriate procurement organization and any other person authorized to make10
an anatomical gift for the donor in accordance with R.S. 17:2354.2. Before11
resolution of the conflict, measures necessary to ensure the medical suitability of the12
part may not be withheld or withdrawn from the prospective donor if doing so is not13
contraindicated by appropriate end of life care.14
§2355. Delivery of document of gift ; right to examine15
If the gift is made by the donor to a named donee, the will or other document,16
or a copy thereof, may be delivered to him to expedite the appropriate procedures17
immediately after death, but such delivery is not necessary to validity of the gift.18
The document may also be deposited in any hospital or registry office that accepts19
such documents for safekeeping or for facilitation of procedures after death. Upon20
request of any interested party at or after the donor's death, the person in possession21
must produce the document for examination.22
A. A document of gift need not be delivered during the lifetime of the donor23
to be effective.24
B. Upon or after the death of the donor, a person in possession of a document25
of gift or a refusal to make an anatomical gift shall allow examination and copying26
of the document of gift or refusal by a person authorized to make or object to the27
making of an anatomical gift or by a person to which the gift may pass in accordance28
with this Part.29 HLS 10RS-75 REENGROSSED
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§2355.1. Search for document of anatomical gift; notification1
A. A The following persons shall make a reasonable search of a person2
reasonably believed to be dead or near death for a document of gift or other3
information which may indicate that a person is identifying the person as a donor or4
a person who has refused to make such a donation shall be made by:5
(1) Any law enforcement officer, fireman, paramedic, or anyone rendering6
emergency rescue services when the person is near death any other emergency7
rescuer assisting the person.8
(2) Any coroner, assistant coroner, or representative of the coroner's office9
who is investigating the death of a person.10
(3) Any hospital, upon as soon as practical after the arrival of a person who11
is dead or near death the person.12
B. The results of this search, if any, shall be communicated to the hospital13
where the person or his body is admitted. If a document of gift or refusal to make an14
anatomical gift is located in accordance with this Section, and the person or decedent15
to whom it related is taken to a hospital, the document of gift or refusal shall be sent16
to the hospital.17
C. If a person at or near death has been admitted or is in transit to a hospital18
and has been identified as a donor of his body, organs, tissue, or any part thereof, the19
hospital shall immediately notify the named donee if one is named and known, and20
if not, the federally approved organ procurement agency. A person shall not be21
subject to criminal or civil liability for failing to discharge the duties imposed by this22
Section but may be subject to administrative sanctions.23
* * *24
§2356. Revocation or amendment of the gift before death25
A. If the document of gift has been delivered to a named donee, it may be26
revoked by either: A person authorized to make an anatomical gift in accordance27
with this Part may amend or revoke the gift by a signed record or a later-executed28 HLS 10RS-75 REENGROSSED
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document of gift that amends or revokes a previous gift or portion of a gift either1
expressly or by inconsistency.2
(1) The execution and delivery to the donee or his agent of a revocation in3
writing signed by the donor, or4
(2) An oral statement of revocation made in the presence of two persons,5
communicated to the donee or his agent, or6
(3) A statement during a terminal illness addressed to the attending physician7
and communicated to the donee, or8
(4) A card or writing, signed by the donor and carried on his person or in his9
effects, revoking the gift.10
B. A signed record in accordance with Subsection A of this Section shall be11
witnessed by at least two adults, one of whom is a disinterested witness, and state12
that it has been signed and witnessed in accordance with law.13
B. C. Any document of gift which has not been delivered to the donee An14
anatomical gift executed in accordance with this Part may be revoked in the manner15
set out in Subsection (A) of this section or by destruction, cancellation of the16
document of gift, or mutilation cancellation of the portion of the document of gift17
used to make the gift, with the intent to revoke.18
C. D. Any anatomical gift made by a will may be revoked or amended in the19
manner provided for revocation or amendment of wills or as provided in Subsection20
A of this Section.21
D. An anatomical gift may not be amended or revoked by any person other22
than the donor, except that when the gift is of the entire body, the body shall be23
returned after removal of all the useable organs to the surviving spouse or the next24
of kin upon the request of either.25
E. A donor may amend or revoke an anatomical gift that was not made in a26
will by any form of communication during a terminal illness or injury addressed to27
at least two adults, one of whom is disinterested.28 HLS 10RS-75 REENGROSSED
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F. A person authorized to make an anatomical gift in accordance with this1
Section may make a gift by executing a signed document of gift or by oral2
communication that is electronically recorded or is contemporaneously reduced to3
a record and signed by the individual receiving the oral communication.4
G. Subject to Subsection E of this Section, an anatomical gift by an5
authorized person may be amended or revoked orally or in a record by any6
reasonably available member of a higher ranking class. If more than one member7
of the class is available, the gift may be amended only if a majority of the members8
agree or revoked only if a majority of the members agree or are equally divided.9
H. A revocation in accordance with Subsection C of this Section is effective10
only if before an incision has been made to remove a part from the body of the donor11
or before invasive procedures have begun to prepare the recipient, the procurement12
organization, transplant hospital, or physician or technician knows of the revocation.13
§2357. Rights and duties at death of procurement organizations; others14
A. The donee may accept or reject the gift. If the donee accepts, and if the15
gift is of the entire body, the donee or his agent, if he deems it desirable, may16
authorize embalming and funeral services. If the gift is of a part of the body, the17
donee or his agent, immediately after the death of the donor and prior to embalming,18
may cause the part included in the gift to be removed without unnecessary19
mutilation. After removal of the part, custody of the remainder of the body shall be20
transferred promptly to the surviving spouse or next of kin or other persons under21
obligation to dispose of the body. When a hospital refers a person at or near death22
to a procurement organization, the procurement organization shall make a reasonable23
search of the records of the office of motor vehicles and any known donor registry24
to ascertain whether the person has made an anatomical gift.25
B. The time of death shall be determined by the physician who attends the26
donor at his death, or, if none, the physician who certifies the death. The physician27
shall not be a participant in the procedures for removing the part or transplanting it.28
A procurement organization shall be allowed reasonable access to information in the29 HLS 10RS-75 REENGROSSED
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records of the office of motor vehicles to ascertain whether a person at or near death1
is a donor.2
C. The donee, agent of a donee, other person authorized to accept and utilize3
the gift, or any person authorized by the donor or donee to perform the surgical4
operation to remove parts covered by the gift is not liable for damages in any civil5
action or subject to prosecution in any criminal proceeding for his act if he acts in6
good faith and without actual knowledge of revocation of the gift and in accord with7
the terms of a gift under this Part, in accord with a document carried by the donor as8
provided in this Part, or in accord with the laws of the state in which the document9
of gift was executed. When a hospital refers a person at or near death to a10
procurement organization, the procurement organization may conduct any reasonable11
examination necessary to ensure the medical suitability of a part that is or may be the12
subject of an anatomical gift for transplantation, therapy, research, or education.13
During the examination period, measures necessary to ensure the medical suitability14
of the part may not be withdrawn unless the hospital or procurement organization15
knows that the person expressed a contrary intent.16
D. The provisions of this Part are subject to the laws of this state prescribing17
powers and duties with respect to autopsies. Unless otherwise prohibited by law, at18
any time after the death of a donor, the person to which a part passes in accordance19
with R.S. 17:2353 may conduct any reasonable examination necessary to ensure the20
medical suitability of the body or part for its intended purpose.21
E. Unless otherwise prohibited by law, an examination in accordance with22
this Section may include an examination of all medical and dental records of the23
donor or prospective donor.24
F. Upon the death of a minor who was a donor or had signed a refusal, unless25
a procurement organization knows he was emancipated, it shall conduct a reasonable26
search for his parents and provide them with an opportunity to revoke or amend the27
anatomical gift or the refusal.28 HLS 10RS-75 REENGROSSED
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G. Upon referral by a hospital in accordance with Subsection A of this1
Section, a procurement organization shall make a reasonable search for any person2
listed in R.S. 17:2354.2 having priority to make an anatomical gift on behalf of a3
person. If a procurement organization receives information that an anatomical gift4
was made, amended, or revoked, it shall promptly advise the person of all relevant5
information.6
H. Subject to R.S. 17:2353, the rights of the person to which a part passes7
in accordance with this Part are superior to the rights of all others with respect to the8
part. The person may accept or reject an anatomical gift in whole or in part. Subject9
to the terms of the document of gift and this Part, a person that accepts an anatomical10
gift of an entire body may allow embalming, burial, cremation, and use of remains11
in a funeral service. If the gift is a part, the person to which the part passes, shall12
cause it to be removed without unnecessary mutilation prior to embalming, burial,13
or cremation.14
I. Neither the physician who attends the decedent at death nor the physician15
who determines the time of the death may participate in the procedures for removing16
or transplanting a part from the decedent.17
J. A qualified physician or technician may remove a donated part from the18
body of a donor.19
§2358. Uniformity of interpretation application and construction20
This Part shall be so construed as to effectuate its general purpose to make21
uniform the law of those states which enact it. In applying and construing this Part,22
consideration shall be given to the need to promote uniformity of the law with23
respect to this subject matter among states that enact it.24
§2358.1. Relation to electronic signatures in global and national commerce25
This Part modifies, limits, and supersedes the Electronic Signatures in Global26
and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify,27
limit, or supersede Section 7001 of that Act, or authorize electronic delivery of any28
of the notices described in Section 7003(b) of that Act.29 HLS 10RS-75 REENGROSSED
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Section 2. R.S. 17:2354(F) and (G), 2354.4(C) through (K), and 2355.1(D) and (E)1
are hereby repealed in their entirety.2
Section 3. The provisions of this Act shall become effective on July 1, 2010; if3
vetoed by the governor and subsequently approved by the legislature, this Act shall become4
effective on July 1, 2010, or on the day following such approval by the legislature,5
whichever is later.6
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. HLS 10RS-75 REENGROSSED
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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))
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.