HB 337: "An Act relating to anatomical donor registries, to an anatomical gift awareness fund, to an anatomical gift awareness program, and to motor vehicle licenses and registrations."
00 HOUSE BILL NO. 337 01 "An Act relating to anatomical donor registries, to an anatomical gift awareness fund, to 02 an anatomical gift awareness program, and to motor vehicle licenses and registrations." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 13.50.080 is amended to read: 05 Sec. 13.50.080. Uniformity of interpretation. AS 13.50.010 - 13.50.090 06 [THIS CHAPTER] shall be construed and interpreted so as to carry out their [ITS] 07 general purpose to make uniform the laws in those states that [WHICH] enact them 08 [IT]. 09 * Sec. 2. AS 13.50.090 is amended to read: 10 Sec. 13.50.090. Short title. AS 13.50.010 - 13.50.090 [THIS CHAPTER] 11 may be cited as the Uniform Anatomical Gift Act. 12 * Sec. 3. AS 13.50 is amended by adding new sections to read: 13 Article 2. Donor Registry Program. 14 Sec. 13.50.100. Transfer of information. (a) Except for information on a
01 motor vehicle document issued to a donor who declines to participate in a registry, 02 when a donor to whom a motor vehicle document was issued dies, or when a person 03 who applies for a motor vehicle document makes a gift with the application, the 04 department shall electronically transfer all information that appears on the front of the 05 motor vehicle document and any changes that are subsequently received by the 06 department from the donor to a state procurement organization that intends to establish 07 a donor registry under AS 13.50.110. 08 (b) A donor to whom a motor vehicle document is issued is not required to 09 participate in a registry, and the department may not transfer information under (a) of 10 this section from a donor who declines to participate in a registry. 11 Sec. 13.50.110. Use of transferred information. (a) A state procurement 12 organization that obtains information under AS 13.50.100 shall use the information to 13 establish a statewide donor registry accessible by a recognized organization in 14 (1) this state that handles the recovery or placement of parts of the 15 body; and 16 (2) another state that handles the recovery or placement of parts of the 17 body when a donor who is a resident of this state is not located in this state at the time 18 of or immediately before death. 19 (b) A registry must include all residents of this state, regardless of their 20 residence within the service area designated by the federal government. 21 (c) A state procurement organization may not use registry information for 22 fund raising and may not disseminate information obtained under AS 13.50.100 unless 23 authorized by this section or by federal law. 24 (d) A state procurement organization may disseminate information obtained 25 under AS 13.50.100 to a recognized organization in the state that handles the recovery 26 or placement of parts of the body, a recognized organization in another state that 27 handles the recovery or placement of parts of the body, or an out-of-state federally 28 designated organization that handles the recovery or placement of parts of the body 29 and that has been designated by the United States Department of Health and Human 30 Services to serve an area outside this state. 31 Sec. 13.50.120. Acquisition of other donor information. A state
01 procurement organization may acquire donor information from sources other than the 02 department. 03 Sec. 13.50.130. Registry costs. (a) A state procurement organization that has 04 requested registry information from the department shall pay the reasonable costs 05 associated with the creation by the organization of a registry and the reasonable costs 06 associated with the initial installation and establishment of the facilities necessary for 07 electronic transfer of the donor information to the organization by the department. 08 (b) After the initial transfer of information under (a) of this section, the 09 department shall make all transfers of donor information without charge to a state 10 procurement organization. 11 Sec. 13.50.140. Notification of cancellation. (a) A donor whose motor 12 vehicle document information is on a registry shall notify a state procurement 13 organization of the destruction or mutilation of the motor vehicle document or 14 revocation of the gift under AS 13.50.050 in order to remove the donor's name from a 15 registry. If the state procurement organization that is notified does not maintain a 16 registry, the organization shall notify all state procurement organizations that do 17 maintain a registry. 18 (b) The failure of a donor to make the notification under (a) of this section 19 does not affect the revocation of a gift under AS 13.50.050. 20 Sec. 13.50.150. Monetary donation program. (a) An applicant for a motor 21 vehicle document may donate $1 or more to the fund to promote the donation of body 22 parts under AS 13.50.010 - 13.50.090 (Uniform Anatomical Gift Act). The donation 23 is voluntary and may be declined by the applicant. The department shall make 24 available to all applicants information on the importance of making gifts. 25 (b) The department shall collect the donations made under (a) of this section 26 and credit the donations to the fund. At least quarterly, the department shall transfer 27 the donations to the fund. 28 (c) The department shall ask each applicant for a motor vehicle document 29 whether the applicant is interested in making the donation under (a) of this section. 30 (d) Each state procurement organization shall pay its proportionate share of 31 the reasonable costs associated with the creation of the donation program created
01 under this section, unless another amount is agreed to by the department. 02 Sec. 13.50.160. Anatomical gift awareness fund. (a) The anatomical gift 03 awareness fund is established. The fund consists of all donations made under 04 AS 13.50.150, other donations to the fund for a purpose identified under (b) of this 05 section, money received by the department under AS 13.50.130, and appropriations 06 made to the fund. 07 (b) The purpose of the fund is to promote gifts under AS 13.50.010 - 08 13.50.090 and to administer the donation program established under AS 13.50.150. 09 (c) Donations to the fund shall be segregated within the fund until they are 10 appropriated for use by the fund. 11 (d) Money appropriated to or for use by the fund may be spent for the 12 purposes of the fund without further appropriation. 13 Sec. 13.50.190. Definitions. In AS 13.50.100 - 13.50.190, 14 (1) "department" means the Department of Administration; 15 (2) "donation" means a monetary donation made under AS 13.50.150; 16 (3) "fund" means the anatomical gift awareness fund established under 17 AS 13.50.160; 18 (4) "motor vehicle document" means a motor vehicle registration, a 19 driver's license, or an instruction permit, or a renewal of the registration, license, or 20 permit; 21 (5) "procurement organization" means an organization that has been 22 designated by the United States Department of Health and Human Services to 23 coordinate activities for the procurement of body parts; 24 (6) "reasonable costs" includes the cost of 25 (A) computer programming and installing software and 26 software upgrades; 27 (B) employee training that is specific to a registry or the 28 donation program established under AS 13.50.150; 29 (C) producing literature that is specific to a registry or the 30 donation program established under AS 13.50.150; and 31 (D) making hardware upgrades or handling other issues for a
01 registry or the donation program established under AS 13.50.150; 02 (7) "registry" means a donor registry established under AS 13.50.110; 03 (8) "registry information" means information obtained under 04 AS 13.50.100; 05 (9) "state procurement organization" means a procurement 06 organization designated by the United States Department of Health and Human 07 Services for any portion of this state. 08 * Sec. 4. AS 28.10.021(c) is amended to read: 09 (c) An employee of the department who processes an application for 10 registration or renewal of registration, other than an application received by mail or an 11 application for registration under AS 28.10.152, shall ask the applicant orally whether 12 the applicant wishes to execute an anatomical gift or a living will. The department 13 shall make known to all applicants the procedure for executing a gift under AS 13.50 14 (Uniform Anatomical Gifts Act) or a living will under AS 18.12 (Living Wills and Do 15 Not Resuscitate Orders) by displaying posters in the offices in which applications are 16 taken, by providing a brochure or other written information to each person who 17 applies in person or by mail, and, if requested, by providing oral advice. The 18 department shall inform each applicant in writing that, if the applicant executes 19 a gift under AS 13.50 or includes an anatomical gift in a living will under 20 AS 18.12 and if the gift is made with the registration application, the department 21 will transmit the information on the registration to a donor registry created 22 under AS 13.50.110. The department shall also direct the applicant to notify a 23 state procurement organization under AS 13.50.140 if the registration is 24 destroyed or mutilated or the gift is revoked under AS 13.50.050. The 25 department shall carry out the requirements of AS 13.50.100 - 13.50.190. 26 * Sec. 5. AS 28.15.061(d) is amended to read: 27 (d) An employee of the department who processes a driver's license 28 application, other than an application received by mail, shall ask the applicant orally 29 whether the applicant wishes to execute an anatomical gift or a living will. The 30 department shall make known to all applicants the procedure for executing a gift under 31 AS 13.50 (Uniform Anatomical Gifts Act) or a living will under AS 18.12 (Living
01 Wills and Do Not Resuscitate Orders) by displaying posters in the offices in which 02 applications are taken, by providing a brochure or other written information to each 03 person who applies in person or by mail, and, if requested, by providing oral advice. 04 The department shall inform each applicant in writing that, if the applicant 05 executes a gift under AS 13.50 or includes an anatomical gift in a living will 06 under AS 18.12 and if the gift is made with the driver's license application, the 07 department will transmit the information on the license to a donor registry 08 created under AS 13.50.110. The department shall also direct the applicant to 09 notify a state procurement organization under AS 13.50.140 if the license is 10 destroyed or mutilated or the gift is revoked under AS 13.50.050. The 11 department shall carry out the requirements of AS 13.50.100 - 13.50.190. 12 * Sec. 6. AS 28.15.111(b) is amended to read: 13 (b) The department shall provide, at the time that an operator's license is 14 issued, a form for a document by which the owner of a license may make an 15 anatomical gift under AS 13.50 or a living will under AS 18.12. The document (1) 16 may not be larger than an operator's license, (2) must contain sufficient space for the 17 signature of two witnesses or a person who is qualified to take acknowledgments 18 under AS 09.63.010, (3) must use the forms and designs developed under 19 AS 18.12.037, and (4) must provide a means by which the owner may cancel the gift 20 or the living will. If the document is executed by the applicant, it shall be sealed in 21 plastic and attached to the license. A symbol developed under AS 18.12.037 22 indicating the existence of the anatomical gift or living will document must be 23 displayed in the lower right-hand corner on the face of the driver's license. The 24 department shall inform each applicant in writing that, if the applicant executes 25 a gift under AS 13.50 or includes an anatomical gift in a living will under 26 AS 18.12 and if the gift is made with the registration, the department will 27 transmit the information on the license to a donor registry created under 28 AS 13.50.110. The department shall also direct the applicant to notify a state 29 procurement organization under AS 13.50.140 if the license is destroyed or 30 mutilated or the gift is revoked under AS 13.50.050. The department shall carry 31 out the requirements of AS 13.50.100 - 13.50.190.