SB 2563

Present law authorizes an anatomical gift of a decedent's body or part of it to be made by (i) a guardian or conservator of the person of the decedent, if authorized to make healthcare decisions; (ii) an agent; (iii) the spouse of the decedent; (iv) adul t children of the decedent; (v) parents of the decedent; (vi) adult siblings of the decedent; (vii) adult grandchildren of the decedent; (viii) grandparents of the decedent; (ix) a surrogate designated by the decedent to make healthcare decisions; (x) an ad ult who exhibited special care and concern for the decedent; or (xi) any other person having the authority to dispose of the decedent's body. This bill, instead, prohibits a family member, next of kin, or legally authorized representative from authoriz ing an anatomical gift when the deceased did not personally authorize such a gift while alive and competent through a documented anatomical gift authorization . This bill prohibits a procurement organization or a contractor with, representative for, or other person or entity affiliated with a procurement organization from contacting, soliciting, or attempting to obtain consent from a decedent's family member, ne xt of kin, or legally authorized representative for the purpose of securing an anatomical gift. Further, this bill clarifies that the only valid authorization for an anatomical gift is a documented anatomical gift authorization. As used in this bill, a "d ocumented anatomical gift authorization"" means an authorization for an anatomical gift of a decedent's body or body part that is made by the decedent voluntarily while living and legally competent. Such a gift may be documented by being (i) in the form o f a signed writing, (ii) a digit record in a state-recognized donor registry, (iii) expressed in a legally executed advance directive, or (iv) in accordance with other provisions of present law. PENALTIES AND INVESTIGATIONS This bill provides that a prohibited contact made to a decedent's family member, next of kin, or legally authorized representative is subject to a civil penalty of up to $50, 000 for the first contact. An additional penalty of up to $250, 000 applies to a ny second or subsequent contact. Further, any financial benefit received by a person or entity in connection with a prohibited contact is subject to forfeiture, and e ach contact constitutes a separate violation. This bill requires the department of health to investigate complaints of violations and to refer its findings to the attorney general for enforcement. A violation may be grounds for suspension or revocation of a procurement organization's authorization to operate in this state. MISCELLANEOUS CHANGES Present law authorizes a person to rely on the representations of the spouse of a decedent, adult children of the decedent, parents of the decedent, adult siblings of the decedent, adult grandchildren of the decedent, or grandchildren of the decedent rel ating to the individual's relationship to the donor or prospective donor in determining whether an anatomical gift has been made, amended, or revoked, unless the person knows the representation is untrue. This bill, instead, authorizes a person to rely on the representations of an individual who is an immediate family member or legal representative of the donor or prospective donor in determining whether an anatomical gift has been made, amended, or revok ed, unless the person knows the representation is untrue."