SB 38: "An Act relating to anatomical gifts, living wills, and do not resuscitate orders."
00SENATE BILL NO. 38 01 "An Act relating to anatomical gifts, living wills, and do not resuscitate orders." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 13.50.010(a) is amended to read: 04 (a) A competent person [OF SOUND MIND] who is 18 or more years of age 05 may make a gift to take effect upon death [,] of all or a part of the person's body for 06 a purpose specified in AS 13.50.020. 07 * Sec. 2. AS 13.50.030(b) is repealed and reenacted to read: 08 (b) A gift of all or a part of the body under AS 13.50.010(a) may be made by 09 a document other than a will, and including a declaration under AS 18.12. The gift 10 takes effect upon the death of the donor. The document, which may be a card 11 designed to be carried on the person, shall be signed by the donor, or another person 12 at the donor's direction. If signed by another person at the donor's direction, the 13 signer shall sign in the presence of two persons or a person who is qualified to take 14 acknowledgments under AS 09.63.010. Delivery of the document of gift during the
01 donor's lifetime is not necessary to make the gift valid. 02 * Sec. 3. AS 13.50.030(d) is amended to read: 03 (d) The donor may designate in a will, card, or other document of gift, 04 including a declaration under AS 18.12, the surgeon or physician to carry out the 05 appropriate procedure for removing or transplanting a part of the decedent's body. In 06 the absence of a designation or if the designee is not available, the donee or other 07 person authorized to accept the gift may employ or authorize any surgeon or physician 08 for the purpose of removing or transplanting a part of the decedent's body. 09 * Sec. 4. AS 13.50.030 is amended by adding a new subsection to read: 10 (f) A gift may, but need not be, in the following form: 11 In the event of my death, I donate the following part(s) 12 of my body for the purposes identified in AS 13.50.020: 13 Tissue: 14 _________ Eyes 15 _________ Bone and connective tissue 16 _________ Skin 17 _________ Heart 18 _________ Other: ____________________________ 19 Limitations: ___________________________________ 20 Organ: 21 _________ Heart 22 _________ Kidney(s) 23 _________ Liver 24 _________ Lung(s) 25 _________ Pancreas 26 Other: _________________________________________. 27 I designate (name of surgeon or physician) 28 to carry out the appropriate procedure(s) for removing or 29 transplanting the body part(s) identified above. 30 * Sec. 5. AS 13.05.050 is amended by adding a new subsection to read: 31 (d) A gift made in a declaration under AS 18.12 may be amended as provided
01 in (a) of this section, and may be revoked as provided in AS 18.12.020(a) or in (a) of 02 this section. 03 * Sec. 6. AS 13.50 is amended by adding a new section to read: 04 Sec. 13.50.075. Recognition of gifts executed, issued, or authorized in other 05 states. A gift executed, issued, or authorized in another state or a territory or 06 possession of the United States in compliance with the law of that jurisdiction is 07 effective for the purposes of this chapter. 08 * Sec. 7. AS 18.12.010(a) is repealed and reenacted to read: 09 (a) A competent person who is at least 18 years old may execute a declaration 10 at any time directing that life-sustaining procedures be withheld or withdrawn from 11 that person. The declaration is given operative effect only if the declarant's condition 12 is determined to be terminal and the declarant is not able to make treatment decisions, 13 except that, if the declaration contains an anatomical gift under AS 13.50, the gift 14 takes effect upon the death of the person. The declaration shall be signed by the 15 declarant, or another person at the declarant's direction. If signed by another person 16 at the declarant's direction, the signer shall sign in the presence of two persons or a 17 person who is qualified to take acknowledgements under AS 09.63.010. A person may 18 not charge a fee for preparing a declaration. 19 * Sec. 8. AS 18.12.010(b) is amended to read: 20 (b) Except as provided under AS 13.50.014 - 13.50.016 for an anatomical 21 gift contained in the declaration, it [IT] is the responsibility of the declarant to 22 provide a copy of the declaration to the declarant's physician. A physician or other 23 health care provider who is provided a copy of the declaration shall make it a part of 24 the declarant's medical records. 25 * Sec. 9. AS 18.12.010(c) is amended to read: 26 (c) A declaration may, but need not, be in the following form: 27 DECLARATION 28 If I should have an incurable or irreversible condition that will 29 cause my death within a relatively short time, it is my desire that my 30 life not be prolonged by administration of life-sustaining procedures. If my condition is terminal and I am unable 31 to participate in
01 decisions regarding my medical treatment, I direct my attending 02 physician to withhold or withdraw procedures that merely prolong the 03 dying process and are not necessary to my comfort or to alleviate pain. 04 I [ ] do [ ] do not desire that nutrition or hydration (food and water) 05 be provided by gastric tube or intravenously if necessary. Signed this 06 ___________ day of __________________, __________. Signature______________________________ 07 Place_________________________________ 08 If another person is to sign for the declarant, the person 09 signing for the declarant must sign in the presence of two persons 10 or a person who is qualified to take acknowledgments under 11 AS 09.63.010. The witness form below may be used for the two 12 witnesses. The acknowledgement form below may be used for the 13 person qualified to take acknowledgements. [THE DECLARANT IS 14 KNOWN TO ME AND VOLUNTARILY SIGNED OR 15 VOLUNTARILY DIRECTED ANOTHER TO SIGN THIS 16 DOCUMENT IN MY PRESENCE.] 17 WITNESS FORM 18 Witness _______________________________________ 19 Address _______________________________________ 20 Witness _______________________________________ 21 Address _______________________________________ 22 State of _______________________________________ 23 Judicial District 24 ACKNOWLEDGEMENT FORM 25 The foregoing instrument was acknowledged before me this 26 (date) by (name of person who acknowledged). 27 28 Signature of Person Taking 29 Acknowledgement 30 31 Title or Rank
01 02 Serial Number, if any 03 [THIS DECLARATION MUST BE EITHER WITNESSED BY TWO 04 PERSONS OR ACKNOWLEDGED BY A PERSON QUALIFIED TO TAKE 05 ACKNOWLEDGEMENTS UNDER AS 09.63.010]. 06 * Sec. 10. AS 18.12.010(d) is amended to read: 07 (d) A physician or health care provider may presume, in the absence of actual 08 notice to the contrary, that the declaration complies with this chapter, that an 09 anatomical gift in the declaration complies with this chapter and AS 13.50, and 10 that the declaration, including any anatomical gift contained in the declaration, 11 is valid. 12 * Sec. 11. AS 18.12.010 is amended by adding a new subsection to read: 13 (e) If a declaration contains an anatomical gift, the language for the gift may 14 be, but is not required to be, in the form described in AS 13.50.030(f). 15 * Sec. 12. AS 18.12.020(a) is amended to read: 16 (a) Except as provided in AS 13.50.050 for an anatomical gift, a [A] 17 declaration may be revoked at any time and in any manner by which the declarant is 18 able to communicate an intent to revoke, without regard to mental or physical 19 condition. A revocation is only effective as to the attending physician or any health 20 care provider acting under the guidance of that physician upon communication to the 21 physician or health care provider by the declarant or by another to whom the 22 revocation was communicated. 23 * Sec. 13. AS 18.12.037 is amended to read: 24 Sec. 18.12.037. Living will, organ donation, and DNR identification. The 25 Department of Health and Social Services shall develop standardized designs and 26 symbols for DNR identification cards, forms, necklaces, and bracelets that signify, 27 when carried or worn, that the possessor has executed a declaration under this chapter, 28 that the declaration contains an anatomical gift, or that the possessor is a patient 29 for whom a physician has issued a do not resuscitate order. 30 * Sec. 14. AS 18.12.090 is amended to read: 31 Sec. 18.12.090. Recognition of declarations and orders executed, [OR]
01 issued, or authorized in other states. A declaration, including a declaration 02 containing an anatomical gift, do not resuscitate order, or DNR identification 03 executed, issued, or authorized in another state or a territory or possession of the 04 United States in compliance with the law of that jurisdiction is effective for purposes 05 of this chapter. 06 * Sec. 15. AS 18.12.100 is amended by adding a new paragraph to read: 07 (12) "anatomical gift" means an anatomical gift under AS 13.50. 08 * Sec. 16. AS 18.65.311 is amended to read: 09 Sec. 18.65.311. Anatomical gift, living will, or do not resuscitate order 10 document. (a) The department shall provide, at the time that an identification card 11 is issued, a form for a document by which the card holder may make an anatomical 12 gift under AS 13.50 (Uniform Anatomical Gifts Act) or a living will or do not 13 resuscitate order under AS 18.12 (Living Wills and Do Not Resuscitate Orders). 14 The document (1) may not be larger than an identification card, (2) must contain 15 sufficient space for the signature of two witnesses or a person who is qualified to 16 take acknowledgments under AS 09.63.010, [TO THE DONOR'S ACT IF THE 17 DONOR CANNOT SIGN, AND] (3) must use the forms and designs developed 18 under AS 18.12.037, and (4) must provide a means by which the card holder 19 [DONOR] may cancel the gift, the living will, or the do not resuscitate order. If 20 the document [MAKING AN ANATOMICAL GIFT] is executed by the applicant, it 21 shall be sealed in plastic and attached to the identification card. A symbol developed 22 under AS 18.12.037 indicating the existence of the anatomical gift. living will, or do 23 not resuscitate order document must be displayed in the lower right-hand corner on 24 the face of the identification card. 25 (b) An employee of the department who processes an identification card 26 application, other than an application received by mail, shall ask the applicant orally 27 whether the applicant wishes to execute an anatomical gift, a living will, or a do not 28 resuscitate order. The department shall, by placement of posters and brochures in the 29 office where the application is taken, and by oral advice, if requested, make known to 30 the applicant the procedure necessary to execute a gift under AS 13.50 or a living will 31 or do not resuscitate order under AS 18.12.
01 * Sec. 17. AS 28.10.021(c) is amended to read: 02 (c) An employee of the department who processes an application for 03 registration or renewal of registration, other than an application received by mail, shall 04 ask the applicant orally whether the applicant wishes to execute an anatomical gift, a 05 living will, or a do not resuscitate order. The department shall make known to all 06 applicants the procedure for executing a gift under AS 13.50 (Uniform Anatomical 07 Gifts Act) or a living will or do not resuscitate order under AS 18.12 (Living Wills 08 and Do No Resuscitate Orders) by displaying posters in the offices in which 09 applications are taken, by providing a brochure or other written information to each 10 person who applies in person or by mail, and, if requested, by providing oral advice. 11 * Sec. 18. AS 28.15.061(d) is amended to read: 12 (d) An employee of the department who processes a driver's license 13 application, other than an application received by mail, shall ask the applicant orally 14 whether the applicant wishes to execute an anatomical gift, a living will, or a do not 15 resuscitate order. The department shall make known to all applicants the procedure 16 for executing a gift under AS 13.50 (Uniform Anatomical Gifts Act) or a living will 17 or do not resuscitate order under AS 18.12 (Living Wills and Do Not Resuscitate 18 Orders) by displaying posters in the offices in which applications are taken, by 19 providing a brochure or other written information to each person who applies in person 20 or by mail, and, if requested, by providing oral advice. 21 * Sec. 19. AS 28.15.111(b) is amended to read: 22 (b) The department shall provide, at the time that an operator's license is 23 issued, a form for a document by which the owner of a license may make an 24 anatomical gift under AS 13.50 or a living will or do not resuscitate order under 25 AS 18.12. The document (1) may not be larger than an operator's license, (2) must 26 contain sufficient space for the signature of two witnesses or a person who is 27 qualified to take acknowledgments under AS 09.63.010, [TO THE DONOR'S ACT 28 OF EXECUTION OF THE DOCUMENT, AND] (3) must use the forms and designs 29 developed under AS 18.12.037, and (4) must provide a means by which the owner 30 [DONOR] may cancel the gift, the living will, or the do not resuscitate order. If 31 the document [MAKING AN ANATOMICAL GIFT] is executed by the applicant, it
01 shall be sealed in plastic and attached to the license. A symbol developed under 02 AS 18.12.037 indicating the existence of the anatomical gift, living will, or do not 03 resuscitate order document must be displayed in the lower right-hand corner on the 04 face of the driver's license.