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 AS 13.50.030(b) is repealed and reenacted to read: 08 (b) A gift of all or a part of the body under AS 13.50.010(a) may be made by 09 a document other than a will, and including a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 AS 18.12.010(a) is repealed and reenacted to read: 10 (a) A competent person who is at least 18 years old may execute a declaration 11 at any time directing that life-sustaining procedures be withheld or withdrawn from 12 that person.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