ENROLLED
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ACT No. 937
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 AND
SENATOR THOMPSON
AN ACT1
To amend and reenact R.S. 9:111(A), and R.S. 17:2351, 2352, 2352.1, 2353, 2354(A)2
through (E), 2354.1, 2354.2, 2354.3, 2354.4(A) and (B), 2355, 2355.1(A), (B), and3
(C), 2356, 2357, and 2358, to enact R.S. 17:2354.5 through 2354.9 and 2358.1, and4
to repeal R.S. 17:2354(F) and (G), 2354.4(C) through (K), and 2355.1(D) and (E),5
relative to the Louisiana Anatomical Gift Act; to make such Act uniform with that6
of other states; to provide for definitions; to provide for applicability; to provide for7
procurement; to provide for recipients; to provide for the execution of an anatomical8
gift; to provide for the refusal to make a gift; to provide for the authority to make a9
gift of a body or part; to prohibit the sale or purchase of a part and provide for10
penalties; to grant immunity for certain acts; to provide choice of law provisions; to11
provide for a donor registry; to provide for advance health directives; to provide for12
the delivery of the gift; to provide for the search for a gift; to provide for the13
revocation or amendment of a gift; to provide for the rights and duties of14
procurement organizations; to provide for the application of federal laws; to provide15
a special effective date; and to provide for related matters.16
Be it enacted by the Legislature of Louisiana:17
Section 1. R.S. 9:111(A) is hereby amended and reenacted to read as follows:18
§111. Definition of death 19
A. A person will be considered dead if in the announced opinion of a20
physician, duly licensed in the state of Louisiana based on ordinary standards of21
approved medical practice, the person has experienced an irreversible cessation of22
spontaneous respiratory and circulatory functions. In the event that artificial means23 ENROLLEDHB NO. 1123
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of support preclude a determination that these functions have ceased, a person will1
be considered dead if in the announced opinion of a physician, duly licensed in the2
state of Louisiana based upon ordinary standards of approved medical practice, the3
person has experienced an irreversible total cessation of brain function. Death will4
have occurred at the time when the relevant functions ceased. In any case when5
organs are to be used in a transplant, then an additional physician, duly licensed in6
the state of Louisiana not a member of the transplant team, must make the7
pronouncement of death unless a hospital has adopted a written policy allowing that8
a single physician, duly licensed in the state of Louisiana, not a member of the9
transplant team, may make the pronouncement of death. In all cases in which a10
hospital written policy provides that a single physician makes the pronouncement of11
death, such policy shall also require an opinion by a second physician, not a member12
of the transplant team, as to the candidacy of the person for the process of organ13
donation.14
* * *15
Section 2. R.S. 17:2351, 2352, 2352.1, 2353, 2354(A) through (E), 2354.1, 2354.2,16
2354.3, 2354.4(A) and (B), 2355, 2355.1(A), (B), and (C), 2356, 2357, and 2358 are hereby17
amended and reenacted and R.S. 17:2354.5 through 2354.9 and 2358.1 are hereby enacted18
to read as follows: 19
§2351. Definitions20
(1) "Bank or storage facility" means a facility licensed or approved under the21
laws of any state for storage of human bodies or parts thereof, for use in medical22
education, research, therapy, or transplantation to individuals. "Adult" means a23
person who has attained eighteen years of age.24
(2) "Agent" means a person:25
(a) Authorized to make health care decisions on behalf of the principal by26
a power of attorney for health care; or27
(b) Expressly authorized to make an anatomical gift on behalf of the28
principal by any other record signed by the principal.29 ENROLLEDHB NO. 1123
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(3) "Anatomical gift" or "gift" means a donation of all or part of a human1
body to take effect after the death of the donor for the purpose of transplantation,2
therapy, research, or education.3
(2) (4) "Decedent" means an individual of any age and includes a stillborn4
infant a deceased person whose body or part is or may be the source of an anatomical5
gift. The term does not include a stillborn infant and, subject to restrictions imposed6
by law, a fetus.7
(5) "Disinterested witness" means a witness other than the spouse, child,8
parent, sibling, grandchild, grandparent, or guardian of the person who makes,9
amends, revokes, or refuses to make an anatomical gift, or an adult who exhibited10
special care and concern for the person. The term does not include a recipient of an11
anatomical gift in accordance with the provisions of R.S. 17:2353.12
(6) "Document of gift" means a donor card or other record used to make an13
anatomical gift. The term includes a statement or symbol on a driver's license,14
identification card, or donor registry.15
(7) "Donor" means a person whose body or part is the subject of an16
anatomical gift.17
(8) "Donor registry" means a database that contains records of anatomical18
gifts and amendments to or revocations thereof.19
(9) "Driver's license" means a license or permit issued by the Louisiana20
Department of Public Safety and Corrections, office of motor vehicles, to operate a21
vehicle, whether or not conditions are attached to the license or permit.22
(10) "Eye bank" means a person that is licensed, accredited, or regulated23
under federal or state law to engage in the recovery, screening, testing, processing,24
storage, or distribution of human eyes or portions of human eyes.25
(11) "Guardian" means a person appointed by a court to make decisions26
regarding the support, care, education, health, or welfare of a person. The term does27
not include a guardian ad litem.28
(3) (12) "Hospital" means a facility licensed as a hospital licensed,29
accredited, or approved under the laws of any state and includes a hospital or a30 ENROLLEDHB NO. 1123
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facility operated as a hospital by the United States government, a state, or a1
subdivision of a state thereof, although not required to be licensed under state laws.2
(13) "Identification card" means a card issued by the Louisiana Department3
of Public Safety and Corrections, office of motor vehicles.4
(14) "Know" means to have actual knowledge.5
(15) "Minor" means a person who has not yet attained eighteen years of age.6
(16) "Organ procurement organization" means a person designated by the7
secretary of the United States Department of Health and Human Services as an eye8
bank, organ procurement organization, or tissue bank.9
(17) "Parent" means a person whose parental rights have not been10
terminated.11
(4) (18) "Part" of a body includes organs, tissues, eyes, bones, arteries,12
blood, other fluids and other portions of bodies, and "part" includes "parts means an13
organ, an eye, or tissue of a human being. The term does not include the whole14
body.15
(5) (19) "Person" means an individual, corporation, government or16
governmental subdivision or agency, business trust, estate, trust, partnership, limited17
liability company, or association, joint venture, public corporation, government or18
governmental subdivision, agency, or instrumentality, or any other legal or19
commercial entity.20
(6) (20) "Physician" or "surgeon" means a physician or surgeon licensed to21
practice means a person authorized and licensed to practice medicine or osteopathy22
under the laws of any state.23
(21) "Prospective donor" means a person who is dead or near death and has24
been determined by a procurement organization to have a part that may be medically25
suitable for transplantation, therapy, research, or education. The term does not26
include a person who has made a refusal.27
(22) "Reasonably available" means able to be contacted by a procurement28
organization without undue effort and willing and able to act in a timely manner29 ENROLLEDHB NO. 1123
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consistent with existing medical criteria necessary for the making of an anatomical1
gift.2
(23) "Recipient" means a person into whose body a part of a decedent has3
been or is intended to be transplanted.4
(24) "Record" means information that is inscribed on a tangible medium or5
that is stored in an electronic or other medium and is retrievable in perceivable form.6
(25) "Refusal" means a record created pursuant to the provisions of R.S.7
17:2354.1 that expressly states an intent to bar other persons from making an8
anatomical gift of a body or part of a person.9
(26) "Sign" means, with the present intent to authenticate or adopt a record10
either:11
(a) To execute or adopt a tangible symbol.12
(b) To attach to or logically associate with the record an electronic symbol,13
sound, or process.14
(7) (27) "State" includes any state, district, commonwealth, territory, insular15
possession, and any other area subject to the legislative authority of the United States16
of America. means a state of the United States, the District of Columbia, Puerto17
Rico, the United States Virgin Islands, or any territory or insular possession subject18
to the jurisdiction of the United States.19
(8) (28) "Technician" means any individual who has successfully completed20
a course in eye enucleation for ophthalmic medical assistants approved by the21
American Association of Ophthalmology and possesses documentary proof of22
qualifications determined to be qualified to remove or process parts by an23
appropriate organization that is licensed, accredited, or regulated under federal or24
state law. The term includes an enucleator.25
(29) "Tissue" means a portion of the human body other than an organ or an26
eye. The term does not include blood unless the blood is donated for the purpose of27
research or education.28 ENROLLEDHB NO. 1123
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(30) "Tissue bank" means a person that is licensed, accredited, or regulated1
under federal or state law to engage in the recovery, screening, testing, processing,2
storage, or distribution of tissue.3
(31) "Transplant hospital" means a hospital that furnishes organ transplants4
and other medical and surgical specialty services required for the care of transplant5
patients.6
(9) "Organ procurement organization" means an organization that is7
designated by the United States Department of Health and Human Services, Health8
Care Financing Administration or its successor, to perform or coordinate the9
performance of surgical recovery, preservation, and transportation of organs, and that10
maintains a system for locating prospective recipients for available organs.11
(10) "Louisiana-designated organ procurement organization" means the12
organ procurement organization for the state as designated by the secretary of the13
Department of Health and Hospitals under R.S. 17:2354.4(J).14
(11) "Vascular organ" means the heart, lungs, kidneys, liver, pancreas, or any15
other organ that requires the continuous circulation of blood to remain useful for16
transplantation purposes. As used in this Part, "vascular organ" does not include17
human tissue, bones, or corneas.18
§2352. Persons Applicability; persons who may execute make an anatomical gift19
prior to the death of the donor20
A. Any individual who is competent to execute a will may give all or any21
part of his body for any of the purposes specified in R.S. 17:2353, the gift to take22
effect after death. The rights of the donee are superior to the rights of the surviving23
spouse and next of kin. The provisions of this Part shall apply to an anatomical gift24
or amendment, revocation, or refusal to make an anatomical gift.25
B. Unless he has knowledge that contrary directions have been given by the26
decedent, any of the following persons, in the order of priority stated, may give all27
or any part of a decedent's body for any of the purposes specified in R.S. 17:2353:28
Subject to the provisions of R.S. 17:2354.2, an anatomical gift of a body or part of29 ENROLLEDHB NO. 1123
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the donor may be made during his life for the purpose of transplantation, therapy,1
research, or education as provided in R.S. 17:2354 by any of the following:2
(1) The spouse if one survives; if not, An adult donor.3
(2) An adult son or daughter, A minor donor, if he has been emancipated or4
authorized under state law to apply for a driver's license.5
(3) Either parent, An agent of the donor, unless the power of attorney for6
health care or other record prohibits it.7
(4) An adult brother or sister, A parent of the donor, if he is an8
unemancipated minor.9
(5) The guardian of the person of the decedent at the time of his death, The10
guardian of the donor.11
(6) Any other person authorized or under obligation to dispose of the body.12
If there is no surviving spouse, and an adult son or daughter is not immediately13
available at the time of death, the gift may be made by either parent; if neither an14
adult son or daughter nor a parent is immediately available, it may be made by any15
adult brother or sister; but the donee shall not accept the gift if he or his agent has16
received notice that there is controversy within the class of relatives enabled under17
the above priorities to make the gift. The persons authorized by this subsection to18
make the gift may execute the document of gift either after death or immediately19
before death during a terminal illness or injury.20
C. Any gift of all or part of a body is deemed to authorize such examination21
as may be necessary to assure medical acceptability of gift for the purposes intended.22
D. No person shall disclose, disseminate or make public the fact of the23
making or acceptance of a gift authorized under the provisions of this Part without24
the prior specific consent of the donor, or if he is unable, that of the person25
authorized to make gifts under the provisions of Subsection (B) hereof in the order26
therein prescribed, unless otherwise required by law. Any person who makes any27
such disclosure as contemplated herein in violation of the provisions of this28
subsection shall be subject to absolute liability for damages in an amount of not less29
than five thousand dollars nor more than ten thousand dollars in a civil action30 ENROLLEDHB NO. 1123
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instituted pursuant hereto by the person whose authorization therefor had not been1
obtained.2
§2352.1. Information about organ donation for hospital patients Coordination of3
procurement and use4
Upon discharge, each hospital may furnish to a patient, the patient's family,5
or a patient representative written information about organ donation, such6
information to be supplied at no cost to the hospital by the Louisiana Organ7
Procurement Agency. Each hospital in this state shall enter into an agreement or8
affiliation with procurement organizations for the coordination of procurement and9
use of anatomical gifts.10
§2353. Persons who may become donees receive anatomical gifts; purposes for11
which purpose of anatomical gifts may be made; out-of-state organ transfer12
A. The following persons may become donees of gifts of bodies or parts13
thereof for the purposes stated An anatomical gift may be made to any of the14
following:15
(1) Any hospital, surgeon, or physician, for medical or dental education,16
research, advancement of medical or dental science, therapy, or transplantation to17
individuals.18
(2) Any accredited medical school, or dental school, college, or university,19
engaged in medical or dental education or research for educational, research, or20
medical or dental science purposes.21
(3) The Louisiana-designated organ procurement organization, or other22
appropriate person, for research or education.23
(4) Any person operating an organ procurement organization or an organ24
bank or storage facility.25
(5) Any specific donee, for therapy or transplantation needed by him.26
(2) Subject to the provisions of Subsection B of this Section, a person27
designated by a donor.28
(3) An eye or tissue bank.29 ENROLLEDHB NO. 1123
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B.(1) In the event an anatomical gift is made in the state of Louisiana of any1
vascular organ for transplantation purposes, if the donor does not name a specific2
donee and the organ is deemed suitable for transplantation to an individual, the3
vascular organ shall be donated to the Louisiana-designated organ procurement4
organization. Said organization shall use its best efforts to determine if there is a5
suitable recipient in the state. If an anatomical gift to a person in accordance with6
this Section cannot be transplanted into the recipient, the part passes in accordance7
with the provisions of Subsection G of this Section in the absence of an express,8
contrary indication by the donor.9
(2)(a) Subject to the provisions of Subparagraph (b) of this Paragraph, if, in10
the best judgment of the Louisiana-designated organ procurement organization, the11
people of Louisiana would be best served by the organization's entry into reciprocal12
agreements for the sharing of vascular organs with qualified organ procurement13
organizations in other states, then the organization shall have the authority, with sole14
discretion as to terms and conditions, to enter into such vascular organ-sharing15
arrangements as it may deem advisable, necessary, or expedient. The terms of such16
vascular organ-sharing arrangements may provide that a vascular organ recovered17
in Louisiana may be transferred to an out-of-state organ procurement organization18
and transplanted there into a suitable recipient, before such vascular organ is offered19
and placed into a suitable recipient located in Louisiana.20
(b) Prior to the Louisiana-designated organ procurement organization21
entering into a reciprocal agreement, the proposed agreement shall be submitted to22
the Senate Committee on Health and Welfare and the House Committee on Health23
and Welfare for review and comment.24
(3) The Louisiana-designated organ procurement organization may only25
transfer a vascular organ to an out-of-state organ procurement organization or26
suitable out-of-state recipient for transplantation if either:27
(a) A suitable recipient in the state of Louisiana cannot be found in a28
reasonable amount of time.29 ENROLLEDHB NO. 1123
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(b) The Louisiana-designated organ procurement organization has a1
reciprocal agreement with the out-of-state procurement organization as provided in2
Paragraph (2) of this Subsection.3
C. If an anatomical gift of one or more specific parts or of all parts is made4
in a document of gift that does not name a person in accordance with Subsection A5
of this Section but identifies the purpose for which an anatomical gift may be used,6
the following shall apply:7
(1) If the part is an eye and the gift is for the purpose of transplantation or8
therapy, the gift passes to the appropriate eye bank.9
(2) If the part is tissue and the gift is for the purpose of transplantation or10
therapy, the gift passes to the appropriate tissue bank.11
(3) If the part is an organ and the gift is for the purpose of transplantation or12
therapy, the gift passes to the appropriate organ procurement organization as13
custodian of the organ.14
(4) If the part is an organ, eye, or tissue and the gift is for the purpose of15
research or education, the gift passes to the appropriate procurement organization.16
D. For the purposes of Subsection C of this Section, if there is more than one17
purpose of an anatomical gift set forth in the document of gift but the purposes are18
not set forth in any priority, the gift shall be used for transplantation or therapy. If19
the gift cannot be used for transplantation or therapy, the gift may be used for20
research or education.21
E. If an anatomical gift of one or more specific parts is made but does not22
name a person in accordance with Subsection A of this Section and does not identify23
the purpose of the gift, the gift may be used only for transplantation or therapy, and24
the gift passes in accordance with the provisions of Subsection G of this Section.25
F. If a document of gift specifies a general intent to make an anatomical gift26
by words such as "donor", "organ donor", or "body donor", or by a symbol or27
statement of similar import, the gift may be used only for transplantation or therapy,28
and the gift passes in accordance with the provisions of Subsection G of this Section.29 ENROLLEDHB NO. 1123
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G. For purposes of Subsections B, E, and F of this Section the following1
shall apply:2
(1) If the part is an eye, the gift passes to the appropriate eye bank.3
(2) If the part is tissue, the gift passes to the appropriate tissue bank.4
(3) If the part is an organ, the gift passes to the appropriate organ5
procurement organization as custodian of the organ.6
H. An anatomical gift of an organ for transplantation or therapy, other than7
an anatomical gift made in accordance with Paragraph (A)(2) of this Section, passes8
to the organ procurement organization as custodian of the organ.9
I. If an anatomical gift does not pass pursuant to the provisions of10
Subsections A through H of this Section, or the body or part of the decedent is not11
used for transplantation, therapy, research, or education, custody of the body or part12
passes to the person obligated to properly dispose of the body or part.13
J. A person may not accept an anatomical gift if he knows the gift was not14
effectively made pursuant to the provisions of R.S. 17:2354 or 2356 or if the person15
knows that the decedent made a refusal in accordance with the provisions of R.S.16
17:2354.1 that has not been revoked. For purposes of this Subsection, if a person17
knows that an anatomical gift was made on a document of gift, the person is18
presumed to know of any amendment, revocation, or refusal made to the same19
document of gift.20
K. The Louisiana-designated organ procurement organization may transfer21
a vascular organ to an out-of-state organ procurement organization or suitable out-of-22
state recipient for transplantation only if a suitable recipient in the state of Louisiana23
cannot be found in a reasonable amount of time.24
L. Except as otherwise provided in Paragraph (A)(2) of this Section, nothing25
in this Part affects the allocation of organs for transplantation or therapy.26
§2354. Manner of executing anatomical gifts gift prior to death of donor27
A. A gift of all or part of the body under this Part may be made by will, in28
which case the gift becomes effective at the death of the testator without waiting for29
probate. If the will is not probated, or if it is declared invalid for testamentary30 ENROLLEDHB NO. 1123
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purposes, the gift, to the extent that it has been acted upon in good faith, is1
nevertheless valid and effective. A donor may make an anatomical gift by any of the2
following:3
(1) Authorizing a statement or symbol indicating that he has made an4
anatomical gift to be imprinted on his driver's license or identification card.5
(2) Executing a will.6
(3) Any form of communication addressed to at least two adults, at least one7
of whom is a disinterested witness, during a terminal illness or injury.8
B. A gift of all or part of the body under this Part may also be made by a9
document other than a will. The document must be signed by the donor, in the10
presence of two witnesses who in turn shall sign the document in his presence. If the11
donor cannot sign in person, the document may be signed for him at his direction and12
in his presence, and in the presence of two witnesses who shall sign the document13
in his presence. Delivery of the document of gift during the donor's lifetime is not14
necessary to make the gift valid. The gift becomes effective at the death of the15
donor.16
C. B. The document of gift may consist of a properly executed card carried17
on the donor's person or in his effects. The document of gift also may be printed on18
the reverse side of an operator's or chauffeur's license as provided by R.S. 32:410.19
A donor or other person authorized to make an anatomical gift pursuant to R.S.20
17:2352 may make a gift by a donor card or other record signed by the person21
making the gift or by authorizing that a statement or symbol indicating that a gift has22
been made be included on a donor registry. If the donor or other person is physically23
unable to sign a record, the record may be signed by another person at the direction24
of the person making the gift and the record shall:25
(1) Be witnessed by two adults, one of whom is a disinterested witness, who26
have signed at the request of the person making the gift; and27
(2) State that it has been signed and witnessed as provided in Paragraph (1)28
of this Subsection.29 ENROLLEDHB NO. 1123
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D. C. The gift may be made either to a named donee or without the naming1
of a donee. If the latter, the gift may be accepted by and utilized under the direction2
of the attending physician at or following death. If the gift is made to a named donee3
who is not reasonably available at the time and place of death, and the gift is4
evidenced by a properly executed card or other writing carried on the donor's person5
or in his effects, the attending physician at or following death, in reliance upon the6
card or writing, and in the absence of any expressed indication that the donor desired7
otherwise, may accept and utilize the gift as the agent of the donee for any purpose8
authorized in R.S. 17:2353. The agent possesses and may exercise all of the rights9
and is entitled to all of the immunities of the donee under this Part. Revocation,10
suspension, expiration, or cancellation of a driver's license or identification card11
upon which an anatomical gift is indicated does not invalidate the gift.12
E. D. Except as provided in R.S. 17:2357(B), the donor may designate in his13
will or other document of gift the surgeon, physician or technician to implement the14
appropriate procedures. In the absence of such designation, or if the designee is not15
reasonably available, the donee or other person authorized to accept the gift may16
employ or authorize any licensed surgeon, physician or technician to implement the17
appropriate procedures herein authorized. An anatomical gift executed in a will18
takes effect upon the death of the donor whether or not the will is probated.19
Invalidation of the will after the death of the donor does not invalidate the gift.20
* * *21
§2354.1. Coroner's consent for eye enucleation Refusal to make anatomical gift;22
effect23
A. A physician, technician, or other authorized person trained in eye24
enucleation may remove the eyes of a decedent immediately following certification25
of death provided: A person may refuse to make an anatomical gift of his body or26
part by executing any of the following:27
(1) There is written authorization by a person empowered to execute an28
anatomical gift as provided in R.S. 17:2352(B); or A signed record in accordance29 ENROLLEDHB NO. 1123
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with Subsection B of this Section or if he is physically unable to sign, another person1
acting at the direction of the person shall sign.2
(2) There is authorization by the parish coroner; and A will and testament,3
whether or not the will is admitted to probate or invalidated after his death.4
(3) The eyes will be donated to an authorized donee of gifts of bodies or5
parts thereof as defined in R.S. 17:2353 for the purposes of advancing medical6
science or for the replacement or rehabilitation of eyes in living persons. Any form7
of communication made by the person during a terminal illness or injury addressed8
to at least two adults, one of whom is a disinterested witness.9
B.(1) Neither the coroner, physician, surgeon, technician, hospital, bank, or10
storage facility, nor the donee, who acts in good faith to comply with this Section11
shall be liable in any civil action to a claimant who alleges that his authorization for12
use of the eyes was required. A signed record, shall be witnessed by at least two13
adults, one of whom is a disinterested witness, and shall state that it has been signed14
and witnessed as provided in Subsection A of this Section.15
(2) The provisions of this Subsection shall not be construed as limiting or16
restricting the liability of a coroner, physician, surgeon, technician, hospital, bank17
or storage facility or the donee as provided by R.S. 17:2357(C).18
(3) The parish coroner, deputy coroner, or any legal representative or agent19
of the coroner acting pursuant to the provisions of this Section shall not authorize the20
removal of the eyes of a decedent where the coroner, deputy coroner, or coroner's21
legal representative or agent derives or may derive any direct or indirect financial22
benefit relative to the removal, donation, or use of the eyes.23
C. A person who has made a refusal to make an anatomical gift, may amend24
or revoke the refusal in any of the following ways:25
(1) In the manner provided in Subsection A of this Section for making a26
refusal.27
(2) By subsequently making an anatomical gift in accordance with R.S.28
17:2354 that is inconsistent with the refusal.29 ENROLLEDHB NO. 1123
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(3) By destroying or canceling the record or a portion thereof evidencing the1
refusal, with the intent of revocation.2
D. Except as otherwise provided in R.S. 17:2354.2, in the absence of an3
express contrary indication set forth in the refusal, an unrevoked refusal bars all4
other persons from making an anatomical gift of the body or part of the person.5
§2354.2. Coroner's consent for kidney removal Preclusive effect of anatomical gift;6
amendment; revocation7
A. A physician or surgeon may remove the kidneys of a decedent8
immediately following certification of death provided: Except as otherwise provided9
in Subsection G of this Section and subject to Subsection F of this Section, in the10
absence of an express, contrary indication by the donor, a person other than the11
donor is barred from making, amending, or revoking an anatomical gift of the body12
or part of the donor if the gift complies with R.S. 17:2354 or 2356. 13
(1) There is written authorization by a person empowered to execute an14
anatomical gift as provided in R.S. 17:2352(B); or15
(2) There is authorization by the parish coroner; and16
(3) The kidneys will be or are intended to be donated to an authorized donee17
of gifts of bodies or parts thereof as defined in R.S. 17:2353 for the purpose of18
advancing medical science or for the replacement of kidneys in living persons.19
B.(1) Neither the coroner, physician, surgeon, technician, hospital, bank, or20
storage facility, nor the donee, who acts in good faith to comply with this Section,21
shall be liable in any civil action to a claimant who alleges that his authorization for22
use of the kidneys was required. A revocation of a gift in accordance with R.S.23
17:2356 is not a refusal and does not bar another person from making an anatomical24
gift of the body or part of the donor in accordance with this Part.25
(2) The provisions of this Subsection shall not be construed as limiting or26
restricting the liability of a coroner, physician, surgeon, technician, hospital, bank27
or storage facility or the donee as provided by R.S. 17:2357(C).28
(3) The parish coroner, deputy coroner, or any legal representative or agent29
of the coroner acting pursuant to the provisions of this Section shall not authorize the30 ENROLLEDHB NO. 1123
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are additions.
removal of the kidneys of a decedent where the coroner, deputy coroner, or coroner's1
legal representative or agent derives or may derive any direct or indirect financial2
benefit relative to the removal, donation, or use of the kidneys.3
C. If a person other than the donor makes an unrevoked anatomical gift of4
the body or part or the donor in accordance with R.S. 17:2354 or amends a gift of the5
body or part of the donor in accordance with R.S. 17:2356, another person may not6
make, amend, or revoke the gift in accordance with R.S. 17:2356.7
D. A revocation of an anatomical gift of the body or part of a donor in8
accordance with R.S. 17:2356 by a person other than the donor does not bar another9
person from making an anatomical gift of the body or part in accordance with R.S.10
17:2354 or 2356.11
E. In the absence of an express, contrary indication by the donor or other12
person authorized to make an anatomical gift, an anatomical gift of a part is neither13
a refusal to give another part nor a limitation on the making of a gift of another part14
at a later time by the donor or another person.15
F. In the absence of an express, contrary indication by the donor or other16
person authorized to make an anatomical gift, an anatomical gift of a part for one or17
more of the purposes in R.S. 17:2352 is not a limitation on the making of an18
anatomical gift of the part for any other purpose in accordance with R.S. 17:2354 or19
2356.20
G. If an unemancipated minor donor dies, his reasonably available parent21
may revoke or amend the anatomical gift.22
§2354.3. Coroner's consent for heart, lungs, liver, soft tissue, or bone removal23
Authority to make an anatomical gift of a body or part24
A. A physician or surgeon may remove the heart, lungs, liver, soft tissue, or25
bone of a decedent immediately following certification of death provided: Subject26
to Subsections B and C of this Section and unless barred by R.S. 17:2354.1 or27
2354.2, an anatomical gift of the body or part of a decedent for the purpose of28
transplantation, therapy, research, or education may be made by any reasonably29
available member of the following classes, in the following order of priority:30 ENROLLEDHB NO. 1123
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are additions.
(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 ENROLLEDHB NO. 1123
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are additions.
(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
D. A person authorized to make an anatomical gift pursuant to R.S. 17:235217
or this Section may make an anatomical gift by any of the following:18
(1) Verbally, by telephone, provided that the conversation is recorded and19
a record of such conversation is maintained.20
(2) Verbally when expressed or given before two witnesses.21
(3) Verbally, by telephone, provided that the conversation is witnessed.22
§2354.4. Duties of hospital administrator; training; coordination Sale or purchase23
of parts prohibited24
A. As used in this Section: Except as otherwise provided in Subsection B of25
this Section, a person that for valuable consideration, knowingly purchases or sells26
a part for transplantation or therapy, if removal of the part is intended to occur after27
the death of the person, shall upon conviction be subject to a fine not exceeding fifty28
thousand dollars or imprisonment not exceeding five years with or without hard29
labor, or both.30 ENROLLEDHB NO. 1123
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are additions.
(1) "Administrator" means the chief operating officer of a hospital.1
(2) "Death" shall have the meaning provided in R.S. 9:111.2
(3) "Hospital" means any institution, place, building, or agency, public or3
private, whether for profit or not, devoted primarily to the maintenance and operation4
of facilities for ten or more individuals for the diagnosis, treatment, or care of5
persons admitted for overnight stay or longer who are suffering from illness, injury,6
infirmity, or deformity or other physical condition for which obstetrical, medical, or7
surgical services would be available and appropriate. The term "hospital" does not8
include the following:9
(a) Physicians' offices or clinics where patients are not regularly kept as bed10
patients for twenty-four hours or more;11
(b) Nursing homes as defined by and regulated under the provisions of R.S.12
40:2009.1 through R.S. 40:2009.12;13
(c) Persons, schools, institutions, or organizations engaged in the care and14
treatment of mentally retarded children and which are required to be licensed by the15
provisions of R.S. 28:421 through R.S. 28:427; or16
(4) "Suitable candidate" means a patient who is certified by the attending17
physician, at or immediately before the time of death, to be a suitable donor for any18
organ or tissue donation based on accepted medical standards, and who has been19
released by the coroner in those instances required by law.20
B. When death occurs in a hospital, to a person determined to be a suitable21
candidate for organ or tissue donation based on accepted medical standards, the22
hospital administrator or designated representative shall request the appropriate23
person described in Subsection H of this Section to consent to the gift of any part of24
the decedent's body as an anatomical gift. A person may charge a reasonable amount25
for the removal, processing, preservation, quality control, storage, transportation,26
implantation, or disposal of a part.27
* * *28 ENROLLEDHB NO. 1123
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are additions.
§2354.5. Other prohibited acts1
A person, who to obtain financial gain, intentionally falsifies, forges,2
conceals, defaces, or obliterates a document of gift, amendment, or revocation3
thereof, or a refusal shall be subject to a fine not exceeding fifty thousand dollars or4
imprisonment not exceeding five years with or without hard labor, or both.5
§2354.6. Immunity6
A. A person acting in good faith in accordance with this Part or with the7
applicable anatomical gift law of another state, shall not be liable in a civil action,8
criminal prosecution, or administrative proceeding for any loss or damage caused by9
any act or omission.10
B. Neither the person making an anatomical gift nor the estate of the donor11
shall be liable for any injury or damage that results from the making or use of the gift12
unless the injury or damage was caused by the gross negligence or willful or wanton13
actions of the person.14
C. In determining whether an anatomical gift has been made, amended, or15
revoked in accordance with this Part, a person may rely upon representations in16
accordance with R.S. 17:2354.2 relating to his relationship with the donor or17
prospective donor unless the person knows that the representation is untrue.18
§2354.7. Law governing validity; choice of law; presumption19
A. A valid document of gift shall be executed in accordance with the20
provisions of this Part, the laws of the state or country where it was executed, or the21
laws of the state or country where the person making the anatomical gift was22
domiciled, has a place of residence, or was a national at the time the document of gift23
was executed.24
B. If a document of gift is valid in accordance with this Part, the law of this25
state governs the interpretation of the document of gift.26
C. A person may presume that a document of gift or amendment thereto is27
valid unless that person knows that it is not validly executed or it was revoked.28 ENROLLEDHB NO. 1123
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are additions.
§2354.8. Donor registry1
A. The secretary of the Department of Health and Hospitals may establish2
or contract for the establishment of a donor registry.3
B. The Louisiana Department of Public Safety and Corrections, office of4
motor vehicles, shall cooperate with any person administering any donor registry5
that this state establishes, contracts for, or recognizes for the purpose of transferring6
to the donor registry all relevant information regarding the making, amendment to,7
or revocation of an anatomical gift.8
C. A donor registry shall be accessible seven days a week, twenty-four hours9
a day and allow each of the following:10
(1) A donor or other person authorized in accordance with R.S. 17:2352 to11
include on the donor registry a statement or symbol that the donor has made,12
amended, or revoked an anatomical gift.13
(2) A procurement organization to obtain relevant information to determine,14
at or near death of the donor or a prospective donor, whether the donor or15
prospective donor has made, amended, or revoked an anatomical gift.16
D. Personally identifiable information on a donor registry may not be used17
or disclosed without the express consent of the donor, prospective donor, or person18
that made the anatomical gift, for any purpose except to determine, at or near the19
death of the donor, whether he has made, amended, or revoked an anatomical gift.20
E. This Section does not prohibit any person from creating or maintaining21
a donor registry that is not established by or contracted with the state. Any such22
registry shall comply with Subsections C and D of this Section.23
§2354.9. Effect of anatomical gift on advance health care directives24
A. For the purposes of this Section, the following terms shall have the25
following meanings:26
(1) "Advance health care directive" means a power of attorney for health27
care or a record signed by a prospective donor containing his direction concerning28
health care decisions.29 ENROLLEDHB NO. 1123
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are additions.
(2) "Declaration" means a record signed by a prospective donor specifying1
the circumstance in which a life support system may be withheld or withdrawn from2
the donor.3
(3) "Health care decision" means any decision made regarding the health4
care of the prospective donor.5
B. If a prospective donor has a declaration or advance health care directive6
and the express or implied terms of a potential anatomical gift are in conflict with7
regard to the administration of measures necessary to ensure the medical suitability8
of a part for transplantation or therapy, the attending physician and the donor shall9
confer to resolve the conflict. If the conflict cannot be resolved, a reasonably10
available agent acting for the declaration or directive, or if none, another person11
authorized by law to make health care decisions on behalf of the donor, shall act for12
him to resolve the conflict. The conflict shall be resolved as expeditiously as13
possible. Information relevant to the resolution of the conflict may be obtained from14
the appropriate procurement organization and any other person authorized to make15
an anatomical gift for the donor in accordance with R.S. 17:2354.2. Before16
resolution of the conflict, measures necessary to ensure the medical suitability of the17
part may not be withheld or withdrawn from the prospective donor if doing so is not18
contraindicated by appropriate end of life care.19
§2355. Delivery of document of gift ; right to examine20
If the gift is made by the donor to a named donee, the will or other document,21
or a copy thereof, may be delivered to him to expedite the appropriate procedures22
immediately after death, but such delivery is not necessary to validity of the gift.23
The document may also be deposited in any hospital or registry office that accepts24
such documents for safekeeping or for facilitation of procedures after death. Upon25
request of any interested party at or after the donor's death, the person in possession26
must produce the document for examination.27
A. A document of gift need not be delivered during the lifetime of the donor28
to be effective.29 ENROLLEDHB NO. 1123
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are additions.
B. Upon or after the death of the donor, a person in possession of a document1
of gift or a refusal to make an anatomical gift shall allow examination and copying2
of the document of gift or refusal by a person authorized to make or object to the3
making of an anatomical gift or by a person to which the gift may pass in accordance4
with this Part.5
§2355.1. Search for document of anatomical gift; notification6
A. A The following persons shall make a reasonable search of a person7
reasonably believed to be near death for a document of gift or other information8
which may indicate that a person is identifying the person as a donor or a person9
who has refused to make such a donation shall be made by:10
(1) Any law enforcement officer, fireman, paramedic, or anyone rendering11
emergency rescue services when the person is near death any other emergency12
rescuer assisting the person.13
(2) Any coroner, assistant coroner, or representative of the coroner's office14
who is investigating the death of a person.15
(3) Any hospital, upon as soon as practical after the arrival of a person who16
is dead or near death the person.17
B. The results of this search, if any, shall be communicated to the hospital18
where the person or his body is admitted. If a document of gift or refusal to make an19
anatomical gift is located in accordance with this Section, and the person or decedent20
to whom the document is related is taken to a hospital, the document of gift or21
refusal shall be sent to the hospital.22
C. If a person at or near death has been admitted or is in transit to a hospital23
and has been identified as a donor of his body, organs, tissue, or any part thereof, the24
hospital shall immediately notify the named donee if one is named and known, and25
if not, the federally approved organ procurement agency. A person shall not be26
subject to criminal or civil liability for failing to discharge the duties imposed by this27
Section but may be subject to administrative sanctions.28
* * *29 ENROLLEDHB NO. 1123
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are additions.
§2356. Revocation or amendment of the gift before death1
A. If the document of gift has been delivered to a named donee, it may be2
revoked by either: A person authorized to make an anatomical gift in accordance3
with this Part may amend or revoke the gift by a signed record or a later-executed4
document of gift that amends or revokes a previous gift or portion of a gift either5
expressly or by inconsistency.6
(1) The execution and delivery to the donee or his agent of a revocation in7
writing signed by the donor, or8
(2) An oral statement of revocation made in the presence of two persons,9
communicated to the donee or his agent, or10
(3) A statement during a terminal illness addressed to the attending physician11
and communicated to the donee, or12
(4) A card or writing, signed by the donor and carried on his person or in his13
effects, revoking the gift.14
B. A signed record in accordance with Subsection A of this Section shall be15
witnessed by at least two adults, one of whom is a disinterested witness, and state16
that it has been signed and witnessed in accordance with law.17
B. C. Any document of gift which has not been delivered to the donee An18
anatomical gift executed in accordance with this Part may be revoked in the manner19
set out in Subsection (A) of this section or by destruction, cancellation of the20
document of gift, or mutilation cancellation of the portion of the document of gift21
used to make the gift, with the intent to revoke.22
C. D. Any anatomical gift made by a will may be revoked or amended in the23
manner provided for revocation or amendment of wills or as provided in Subsection24
A of this Section.25
D. An anatomical gift may not be amended or revoked by any person other26
than the donor, except that when the gift is of the entire body, the body shall be27
returned after removal of all the useable organs to the surviving spouse or the next28
of kin upon the request of either.29 ENROLLEDHB NO. 1123
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are additions.
E. A donor may amend or revoke an anatomical gift that was not made in a1
will by any form of communication during a terminal illness or injury addressed to2
at least two adults, one of whom is disinterested.3
F. A person authorized to make an anatomical gift in accordance with this4
Section may make a gift by executing a signed document of gift or by oral5
communication that is electronically recorded or is contemporaneously reduced to6
a record and signed by the individual receiving the oral communication.7
G. Subject to Subsection E of this Section, an anatomical gift by an8
authorized person may be amended or revoked orally or in a record by any9
reasonably available member of a higher ranking class. If more than one member10
of the class is available, the gift may be amended only if a majority of the members11
agree or revoked only if a majority of the members agree or are equally divided.12
H. A revocation in accordance with Subsection C of this Section is effective13
only if before an incision has been made to remove a part from the body of the donor14
or before invasive procedures have begun to prepare the recipient, the procurement15
organization, transplant hospital, or physician or technician knows of the revocation.16
§2357. Rights and duties at death of procurement organizations; others17
A. The donee may accept or reject the gift. If the donee accepts, and if the18
gift is of the entire body, the donee or his agent, if he deems it desirable, may19
authorize embalming and funeral services. If the gift is of a part of the body, the20
donee or his agent, immediately after the death of the donor and prior to embalming,21
may cause the part included in the gift to be removed without unnecessary22
mutilation. After removal of the part, custody of the remainder of the body shall be23
transferred promptly to the surviving spouse or next of kin or other persons under24
obligation to dispose of the body. When a hospital refers a person at or near death25
to a procurement organization, the procurement organization shall make a reasonable26
search of the records of the office of motor vehicles and any known donor registry27
to ascertain whether the person has made an anatomical gift.28
B. The time of death shall be determined by the physician who attends the29
donor at his death, or, if none, the physician who certifies the death. The physician30 ENROLLEDHB NO. 1123
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are additions.
shall not be a participant in the procedures for removing the part or transplanting it.1
A procurement organization shall be allowed reasonable access to information in the2
records of the office of motor vehicles to ascertain whether a person at or near death3
is a donor.4
C. The donee, agent of a donee, other person authorized to accept and utilize5
the gift, or any person authorized by the donor or donee to perform the surgical6
operation to remove parts covered by the gift is not liable for damages in any civil7
action or subject to prosecution in any criminal proceeding for his act if he acts in8
good faith and without actual knowledge of revocation of the gift and in accord with9
the terms of a gift under this Part, in accord with a document carried by the donor as10
provided in this Part, or in accord with the laws of the state in which the document11
of gift was executed. When a hospital refers a person at or near death to a12
procurement organization, the procurement organization may conduct any reasonable13
examination necessary to ensure the medical suitability of a part that is or may be the14
subject of an anatomical gift for transplantation, therapy, research, or education.15
During the examination period, measures necessary to ensure the medical suitability16
of the part may not be withdrawn unless the hospital or procurement organization17
knows that the person expressed a contrary intent.18
D. The provisions of this Part are subject to the laws of this state prescribing19
powers and duties with respect to autopsies. Unless otherwise prohibited by law, at20
any time after the death of a donor, the person to which a part passes in accordance21
with R.S. 17:2353 may conduct any reasonable examination necessary to ensure the22
medical suitability of the body or part for its intended purpose.23
E. Unless otherwise prohibited by law, an examination in accordance with24
this Section may include an examination of all medical and dental records of the25
donor or prospective donor.26
F. Upon the death of a minor who was a donor or had signed a refusal, unless27
a procurement organization knows he was emancipated, it shall conduct a reasonable28
search for his parents and provide them with an opportunity to revoke or amend the29
anatomical gift or the refusal.30 ENROLLEDHB NO. 1123
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are additions.
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 ENROLLEDHB NO. 1123
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are additions.
Section 3. 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 4. 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
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: