HLS 18RS-673 ENGROSSED
2018 Regular Session
HOUSE BILL NO. 577
BY REPRESENTATIVES LEGER, BAGLEY, CHANEY, HENSGENS, HORTON,
JACKSON, LEBAS, RICHARD, STAGNI, AND STOKES
VITAL STATISTICS: Provides relative to disclosure of certain vital records to organ
procurement organizations
1 AN ACT
2To enact R.S. 40:41(L), relative to vital records disclosure; to provide for the disclosure of
3 certain vital records to organ procurement organizations; to provide for the form of
4 request by the organ procurement organizations; to provide for the duties of the state
5 registrar in disclosure of records; and to provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 40:41(L) is hereby enacted to read as follows:
8 ยง41. Disclosure of records
9 * * *
10 L.(1) Upon written request, the state registrar shall issue a certified copy of
11 a death certificate to a representative of an organ procurement organization
12 designated for the state of Louisiana by the United States Department of Health and
13 Human Services, which presents a document of a gift as defined in R.S. 17:2351 for
14 the sole purpose of documenting donor eligibility in accord with the United States
15 Food and Drug Administration regulations and industry standards.
16 (2) The written request of the organ procurement organization shall be
17 transmitted by telefax, electronic delivery, or by United States mail.
18 (3) The written request shall contain all of the following:
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HB NO. 577
1 (a) The organization's name and citation to the United States Department of
2 Health and Human Services website or correspondence evidencing its designation
3 as an organ procurement organization for the state.
4 (b) The donor's name.
5 (c) The donor's date of birth.
6 (d) The donor's date of death.
7 (e) The requestor's name.
8 (f) The requestor's telephone number.
9 (g) The requestor's date of request.
10 (h) A request that the certified copy be transmitted by telefax, electronic
11 delivery, or by United States mail.
12 (4) The information required by Paragraph (2) of this Subsection, together
13 with the documentation of a donor's anatomical gift, shall constitute sufficient proof
14 for the release of the death certificate.
15 (5) If the organization's requested form of transmittal is by telefax or
16 electronic delivery, the death certificate shall be accompanied by the state registrar's
17 verification that the death certificate is a duplicate of the original, the date the copy
18 of the death certificate was issued by the state registrar's representative, along with
19 his signature and title.
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)]
HB 577 Engrossed 2018 Regular Session Leger
Abstract: Provides for vital record disclosure to a representative of an organ procurement
organization.
Proposed law requires that the state registrar issue a certified copy of a death certificate to
a representative of an organ procurement organization designated for the state of Louisiana
by the United States Department of Health and Human Services. The death certificate shall
be issued if the organ procurement organization presents documentation of a donor's
anatomical gift defined in present law (R.S. 17:2351) for the purpose of documenting donor
eligibility in accord with the United States Food and Drug Administration regulations and
industry standards.
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CODING: Words in struck through type are deletions from existing law; words underscored
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HB NO. 577
Proposed law requires a written request from the organ procurement organization and that
it be transmitted by telefax, electronic delivery, or by United States mail.
Proposed law further requires that an organ procurement organization's written request
contain all of the following:
(1) The organization's name and citation to the United States Department of
Health and Human Services website or correspondence evidencing its
designation as an organ procurement organization for the state.
(2) The donor's name.
(3) The donor's date of birth.
(4) The donor's date of death.
(5) The requestor's name.
(6) The requestor's telephone number.
(7) The requestor's date of request.
(8) A request that the certified copy be transmitted by telefax, electronic
delivery, or by United States mail.
Proposed law provides that the organ procurement organization's written request, together
with the documentation of a donor's anatomical gift, is sufficient proof for the release of the
death certificate.
Proposed law requires that if the organ procurement organization's requested form of
transmittal is by telefax or electronic delivery, the death certificate shall be accompanied by
the state registrar's verification that the death certificate is a duplicate of the original, the date
the copy of the death certificate was issued by the state registrar's representative, along with
his signature and title.
(Adds R.S. 40:41(L))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Health and Welfare to
the original bill:
1. Add that the organ procurement organizations shall transmit their written request
by telefax, electronic delivery, or by United States mail.
2. Add the information required for the written request by an organ procurement
organization contain the following:
(a) The organization's name and citation to the United States Department of
Health and Human Services website or correspondence evidencing its
designation as an organ procurement organization for the state.
(b) The donor's name.
(c) The donor's date of birth.
(d) The donor's date of death.
(e) The requestor's name.
(f) The requestor's telephone number.
(g) The requestor's date of request.
(h) A request that the certified copy be transmitted by telefax, electronic
delivery, or by United States mail.
3. Add that the organ procurement organization's written request, together with the
documentation of a donor's anatomical gift, is sufficient proof for the release of
the death certificate.
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HB NO. 577
4. Add that if the organ procurement organization's requested form of transmittal
is by telefax or electronic delivery, the death certificate shall be accompanied by
the state registrar's verification that the death certificate is a duplicate of the
original, the date the copy of the death certificate was issued by the state
registrar's representative, along with his signature and title.
Page 4 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.