SB 860

Present law authorizes an individual to refuse to make an anatomical gift of the individual's body or part by a writing signed in the same manner as a docume nt of gift or another writing used to identify the individual as refusing to make an anatomical gift. A terminal patient may refuse to make an anatomical gift by oral statement or other form of communication. This bill provides that, if an individual or terminal patient has refused to make an anatomical gift of the individual's or terminal patient's body or part in accordance with the above paragraph , then the individual's signed writing or attestation to the terminal patient's oral statement or other fo rm of communication bars another person from making or amending an anatomical gift of the individual's or terminal patient's body or par t. Further, i f a decedent refused to make an anatomical gift of the decedent's body or part in accordance with the abov e paragraph, then a procurement organization must not contact the classes of persons listed under other persons heading , and the remains of the decedent must be immediately released to the funeral home authorized by the decedent's next of kin. This bill additionally provides that, i f a decedent did not refuse to make an anatomical gift of decedent's tissue, and the classes of persons listed under other persons heading are not barred from making or amending an anatomical gift of a decedent's tissue pursuan t to this bill or another law, then a procurement organization may contact such persons within six hours of cessation of the decedent's heartbeat. However, if a procurement organization does not make initial contact with such persons within six hours of c essation of the decedent's heartbeat, then the remains of the decedent must be immediately released to the funeral home authorized by the decedent's next of kin. COMPLAINT This bill authorizes a person or entity that reasonably believes a procurement or ganization, hospital, person, or another entity violated this bill to file a complaint with the department of health ("department"") or appropriate licensing board. If the department or licensing board finds that the procurement organization, hospital, per son, or another entity violated this bill three or more times, then the department or licensing board, as applicable, must assess each party that violated this bill three or more times a civil penalty of $500 upon the occurrence of the third violation and for any subsequent violation. OTHER PERSONS This bill prohibits a guardian or conservator, an agent, spouse, adult children, parents, adult siblings, adult grandchildren, grandparents, a surrogate, an adult who exhibited special care and concern, or any other person having the authority to dispose of the decedent's body, from making an anatomical gift of the body or part of the decedent if the decedent refused to make an anatomical gift of the decedent's body or part and there is a signed writing or att e station to an oral statement or other form of communication by the decedent made in accordance with the provisions of the refusal to make an anatomical gift."