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SCS CSHB 196(JUD) Detail
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SCS CSHB 196(JUD): "An Act relating to the handling of matters after a person's death, to the Uniform Anatomical Gift Act, to anatomical gifts, to donations to the anatomical gift awareness fund, to a registry of anatomical gifts, and to organizations that handle the procurement, distribution, or storage of all or a part of an individual's body."

00 SENATE CS FOR CS FOR HOUSE BILL NO. 196(JUD) 01 "An Act relating to the handling of matters after a person's death, to the Uniform 02 Anatomical Gift Act, to anatomical gifts, to donations to the anatomical gift awareness 03 fund, to a registry of anatomical gifts, and to organizations that handle the procurement, 04 distribution, or storage of all or a part of an individual's body." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 13.16.680(a) is amended to read: 07 (a) Thirty days after the death of a decedent, any person indebted to the 08 decedent or having possession of tangible personal property or an instrument 09 evidencing a debt, obligation, stock, or chose in action belonging to the decedent shall 10 make payment of the indebtedness or deliver the tangible personal property or an 11 instrument evidencing a debt, obligation, stock, or chose in action to a person claiming 12 to be the successor of the decedent upon being presented an affidavit made by or on 13 behalf of the successor stating that 14 (1) the [VALUE OF THE] entire estate, wherever located, less liens

01 and encumbrances, consists only of not more than 02 (A) vehicles subject to registration under AS 28.10.011 with 03 a total value that does not exceed $100,000; and 04 (B) personal property, other than vehicles described in (A) 05 of this paragraph, that does not exceed $50,000 [$15,000]; 06 (2) 30 days have elapsed since the death of the decedent; 07 (3) no application or petition for the appointment of a personal 08 representative is pending or has been granted in any jurisdiction; and 09 (4) the claiming successor is entitled to payment or delivery of the 10 property. 11 * Sec. 2. AS 13.16.700 is amended to read: 12 Sec. 13.16.700. Settlement directed by court. When a judge receives 13 information that a person has died in the judge's judicial district leaving an estate with 14 property limited to the property described under AS 13.16.680(a)(1) [OF $15,000] 15 or less and no qualified person has appeared to take charge of the assets, the judge 16 may immediately appoint a person, corporation, or attorney to settle the estate in the 17 manner provided for in AS 13.16.680 - 13.16.695. 18 * Sec. 3. AS 13.33.101 is amended by adding new subsections to read: 19 (d) The money or other benefits paid under a provision for a nonprobate 20 transfer on death in a life insurance contract or a retirement plan are not subject to 21 (1) the debts of the individual who was insured under the life insurance 22 contract or who was a participant in the retirement plan; or 23 (2) the claims of the creditors of the individual who was insured under 24 the life insurance contract or who was a participant in the retirement plan. 25 (e) The provisions of (d) of this section apply even if 26 (1) the provision for a nonprobate transfer on death is contained in the 27 life insurance contract or the retirement plan and designates the person to whom the 28 money or other benefits are to be paid if the person who is the owner or insured under 29 the life insurance policy or the participant in the retirement plan does not select a 30 beneficiary; 31 (2) the life insurance contract, retirement plan, or a provision for a

01 nonprobate transfer on death in the life insurance contract or retirement plan, makes 02 the money or other benefits payable, directly or indirectly, to 03 (A) a decedent's estate or the personal representative of a 04 decedent's estate, except that if the decedent owes money for child support 05 arrearages, for spousal support arrearages, or under AS 47.07.055, the 06 provisions of (d) of this section do not apply; in this subparagraph, "personal 07 representative" has the meaning given in AS 13.06.050; 08 (B) a trustee of a trust established under a will, except that if 09 the decedent owes money for child support arrearages, for spousal support 10 arrearages, or under AS 47.07.055, the provisions of (d) of this section do not 11 apply; or 12 (C) a trustee of a trust instrument that is separate from the life 13 insurance contract or retirement plan and that designates the ultimate 14 beneficiary; 15 (3) a trust to which the money or other benefits are payable may be 16 amended, revoked, or both amended and revoked, or is funded or unfunded; or 17 (4) the settlor of the trust to which the money or other benefits are 18 payable has reserved all rights of ownership in the life insurance contract or under the 19 retirement plan. 20 (f) The provisions of (d) of this section do not limit the rights of the owner of 21 a life insurance contract to pledge or assign by contract the money or other benefits 22 from a life insurance contract as collateral for the debts of the owner. 23 (g) In (d) of this section, 24 (1) "life insurance contract" means a life insurance policy, an annuity 25 contract, an endowment contract, and a contract entered into by an insurance company 26 in connection with, supplemental to, or in settlement of a life insurance policy, an 27 annuity contract, or an endowment contract; 28 (2) "retirement plan" means 29 (A) a retirement plan that is qualified under 26 U.S.C. 401(a), 30 26 U.S.C. 403(a), 26 U.S.C. 403(b), 26 U.S.C. 408, 26 U.S.C. 408A, or 26 31 U.S.C. 409 (Internal Revenue Code); and

01 (B) the amounts held in the teachers' retirement system under 02 AS 14.25, judicial retirement system under AS 22.25, public employees' 03 retirement system under AS 39.35, or elected public officers' retirement system 04 under former AS 39.37. 05 * Sec. 4. AS 13.50.140 is amended to read: 06 Sec. 13.50.140. Notification of cancellation. (a) A donor whose motor vehicle 07 or identification document information is on a registry shall notify a procurement 08 organization or the department of the destruction or mutilation of the motor vehicle or 09 identification document or revocation of the gift under AS 13.52.183 [AS 13.52.170] 10 in order to remove the donor's name from a registry. If the procurement organization 11 that is notified does not maintain a registry, the organization shall notify all 12 procurement organizations that do maintain a registry. 13 (b) The failure of a donor to make the notification under (a) of this section 14 does not affect the revocation of a gift under AS 13.52.183 [AS 13.52.170]. 15 * Sec. 5. AS 13.50.150(a) is amended to read: 16 (a) An applicant for a motor vehicle or identification document may donate $1 17 or more to the fund to promote in the state the donation of body parts under AS 13.52 18 (Health Care Decisions Act). The donation is voluntary and may be declined by the 19 applicant. The department shall make available to all applicants information on the 20 importance of making gifts. 21 * Sec. 6. AS 13.50.160(b) is amended to read: 22 (b) The purposes of the fund are to promote gifts in the state under AS 13.52 23 and to administer the donation program established under AS 13.50.150. 24 * Sec. 7. AS 13.50.190(3) is amended to read: 25 (3) "donor" has the meaning given in AS 13.52.268 [AS 13.52.390]; 26 * Sec. 8. AS 13.50.190(8) is amended to read: 27 (8) "procurement organization" has the meaning given in 28 AS 13.52.390 [AS 13.52.200(i)]; 29 * Sec. 9. AS 13.52.010(a) is amended to read: 30 (a) Except as provided in AS 13.52.173 [AS 13.52.170(a)], an adult may give 31 an individual instruction. Except as provided in AS 13.52.177 [AS 13.52.170(b)], the

01 instruction may be oral or written. The instruction may be limited to take effect only if 02 a specified condition arises. 03 * Sec. 10. AS 13.52.010(k) is amended to read: 04 (k) Except as provided in AS 13.52.247(a), an [AN] advance health care 05 directive, including an advance health care directive that is made in compliance with 06 the laws of another state, is valid for purposes of this chapter if it complies with this 07 chapter, regardless of where or when it was executed or communicated. 08 * Sec. 11. AS 13.52.020(b) is amended to read: 09 (b) Except in the case of mental illness under (c) of this section and except as 10 provided by AS 13.52.183, a principal may revoke all or part of an advance health 11 care directive, other than the designation of an agent, at any time and in any manner 12 that communicates an intent to revoke. 13 * Sec. 12. AS 13.52.030(a) is amended to read: 14 (a) Except in the case of mental health treatment and except as provided by 15 AS 13.52.173 and 13.52.193 [AS 13.52.180(a) AND (b)], a surrogate may make a 16 health care decision for a patient who is an adult if an agent or guardian has not been 17 appointed or the agent or guardian is not reasonably available, and if the patient has 18 been determined by the primary physician to lack capacity. 19 * Sec. 13. AS 13.52.030(c) is amended to read: 20 (c) Except as provided for anatomical gifts in AS 13.52.173 21 [AS 13.52.170(b)], an adult may designate an individual to act as surrogate for that 22 adult by personally informing the supervising health care provider. Except as provided 23 by AS 13.52.173 or 13.52.193 [AS 13.52.180(a) AND (b)], in the absence of a 24 designation, or if the designee is not reasonably available, a member of the following 25 classes of the patient's family who is reasonably available, in descending order of 26 priority, may act as surrogate: 27 (1) the spouse, unless legally separated; 28 (2) an adult child; 29 (3) a parent; or 30 (4) an adult sibling. 31 * Sec. 14. AS 13.52.030(d) is amended to read:

01 (d) Except as provided by (l) of this section or AS 13.52.173 or 13.52.193 02 [AS 13.52.180(a) OR (b)], if none of the individuals eligible to act as surrogate under 03 (c) of this section is reasonably available, an adult who has exhibited special care and 04 concern for the patient, who is familiar with the patient's personal values, and who is 05 reasonably available may act as surrogate. 06 * Sec. 15. AS 13.52.040(a) is amended to read: 07 (a) Subject to AS 13.52.183, 13.52.193, and 13.52.203, a [A] guardian shall 08 comply with the ward's individual instructions and may not revoke a ward's advance 09 health care directive executed before the ward's incapacity unless a court expressly 10 authorizes the revocation. 11 * Sec. 16. AS 13.52.060(d) is amended to read: 12 (d) Except as provided in (e), (f), and (i) of this section and by AS 13.52.253, 13 a health care provider, health care institution, or health care facility providing care to a 14 patient shall comply with 15 (1) an individual instruction of the patient and with a reasonable 16 interpretation of that instruction made by a person then authorized to make health care 17 decisions for the patient; and 18 (2) a health care decision for the patient made by a person then 19 authorized to make health care decisions for the patient to the same extent as if the 20 decision had been made by the patient while having capacity. 21 * Sec. 17. AS 13.52 is amended by adding new sections to read: 22 Sec. 13.52.173. Who may make anatomical gift before donor's death. 23 Subject to AS 13.52.193, an anatomical gift of a donor's body or part may be made 24 during the life of the donor for the purpose of transplantation, therapy, research, or 25 education in the manner provided in AS 13.52.177 by 26 (1) the donor, if the donor is an adult or if the donor is a minor and is 27 (A) emancipated; or 28 (B) authorized under state law to apply for a driver's license 29 because the donor is at least 16 years of age; 30 (2) an agent of the donor, unless a durable power of attorney for health 31 care or another record prohibits the agent from making an anatomical gift;

01 (3) a parent of the donor, if the donor is an unemancipated minor; 02 (4) the donor's guardian; or 03 (5) a surrogate. 04 Sec. 13.52.177. Manner of making anatomical gift before donor's death. 05 (a) A donor may make an anatomical gift 06 (1) by authorizing a statement or symbol indicating that the donor has 07 made an anatomical gift to be imprinted on the donor's driver's license or identification 08 card; 09 (2) in a will; 10 (3) during a terminal condition of the donor, by any form of 11 communication addressed to at least two adults, at least one of whom is a disinterested 12 witness; or 13 (4) as provided in (b) of this section. 14 (b) A donor or other person authorized to make an anatomical gift under 15 AS 13.52.173 may make a gift by a donor card or another record signed by the donor 16 or another person making the gift or by authorizing that a statement or symbol 17 indicating that the donor has made an anatomical gift be included on a donor registry. 18 If the donor or another person is physically unable to sign a record, the record may be 19 signed by another individual at the direction of the donor or the other person and must 20 (1) be witnessed by at least two adults, at least one of whom is a 21 disinterested witness, who have signed at the request of the donor or the other person; 22 and 23 (2) state that the record has been signed and witnessed as provided in 24 (1) of this subsection. 25 (c) Revocation, suspension, expiration, or cancellation of a driver's license or 26 an identification card on which an anatomical gift is indicated does not invalidate the 27 gift. 28 (d) An anatomical gift made by will takes effect upon the donor's death 29 whether or not the will is probated. Invalidation of the will after the donor's death does 30 not invalidate the gift. 31 * Sec. 18. AS 13.52 is amended by adding new sections to read:

01 Sec. 13.52.183. Amending or revoking anatomical gift before donor's 02 death. (a) Except in the case of mental illness under AS 13.52.020(c), and subject to 03 AS 13.52.193, a donor or another person authorized to make an anatomical gift under 04 AS 13.52.173 may amend or revoke an anatomical gift by 05 (1) a record signed by 06 (A) the donor; 07 (B) the other person; or 08 (C) subject to (b) of this section, another individual acting at 09 the direction of the donor or the other person if the donor or other person is 10 physically unable to sign; or 11 (2) a later-executed document of gift that amends or revokes a 12 previous anatomical gift or portion of an anatomical gift, either expressly or by 13 inconsistency. 14 (b) A record signed under (a)(1)(C) of this section must 15 (1) be witnessed by at least two adults, at least one of whom is a 16 disinterested witness, who have signed at the request of the donor or the other person; 17 and 18 (2) state that it has been signed and witnessed as provided in (1) of this 19 subsection. 20 (c) Subject to AS 13.52.193, a donor or another person authorized to make an 21 anatomical gift under AS 13.52.173 may revoke an anatomical gift by the destruction 22 or cancellation of the document of gift, or the portion of the document of gift used to 23 make the gift, with the intent to revoke the gift. 24 (d) A donor may amend or revoke an anatomical gift that was not made in a 25 will by any form of communication during a terminal condition addressed to at least 26 two adults, at least one of whom is a disinterested witness. 27 (e) A donor who makes an anatomical gift in a will may amend or revoke the 28 gift in the manner provided for amendment or revocation of wills or as provided in (a) 29 of this section. 30 Sec. 13.52.187. Refusal to make anatomical gift; effect of refusal. (a) An 31 individual may refuse to make an anatomical gift of the individual's body or part by

01 (1) a record signed by 02 (A) the individual; or 03 (B) subject to (b) of this section, another individual acting at 04 the direction of the individual if the individual is physically unable to sign; 05 (2) the individual's will, whether or not the will is admitted to probate 06 or invalidated after the individual's death; or 07 (3) any form of communication made by the individual during the 08 individual's terminal condition addressed to at least two adults, at least one of whom is 09 a disinterested witness. 10 (b) A record signed under (a)(1)(B) of this section must 11 (1) be witnessed by at least two adults, at least one of whom is a 12 disinterested witness, who have signed at the request of the individual; and 13 (2) state that it has been signed and witnessed as provided in (1) of this 14 subsection. 15 (c) An individual who has made a refusal may amend or revoke the refusal 16 (1) in the manner provided in (a) of this section for making a refusal; 17 (2) by subsequently making an anatomical gift under AS 13.52.177 18 that is inconsistent with the refusal; or 19 (3) by destroying or canceling the record evidencing the refusal, or the 20 portion of the record used to make the refusal, with the intent to revoke the refusal. 21 (d) Except as otherwise provided in AS 13.52.193(h), in the absence of an 22 express, contrary indication by the individual set out in the refusal, an individual's 23 unrevoked refusal to make an anatomical gift of the individual's body or part bars all 24 other persons from making an anatomical gift of the individual's body or part. 25 * Sec. 19. AS 13.52 is amended by adding new sections to read: 26 Sec. 13.52.193. Preclusive effect of anatomical gift, amendment, or 27 revocation. (a) Except as otherwise provided in (g) of this section and subject to (f) of 28 this section, in the absence of an express, contrary indication by the donor, a person 29 other than the donor is barred from making, amending, or revoking an anatomical gift 30 of a donor's body or part if the donor made an anatomical gift of the donor's body or 31 part under AS 13.52.177 or an amendment to an anatomical gift of the donor's body or

01 part under AS 13.52.183. 02 (b) A donor's revocation of an anatomical gift of the donor's body or part 03 under AS 13.52.183 is not a refusal and does not bar another person specified in 04 AS 13.52.173 or 13.52.197 from making an anatomical gift of the donor's body or part 05 under AS 13.52.177 or 13.52.203. 06 (c) If a person other than the donor makes an unrevoked anatomical gift of the 07 donor's body or part under AS 13.52.177 or an amendment to an anatomical gift of the 08 donor's body or part under AS 13.52.183, another person may not make, amend, or 09 revoke the gift of the donor's body or part under AS 13.52.203. 10 (d) A revocation of an anatomical gift of a donor's body or part under 11 AS 13.52.183 by a person other than the donor does not bar another person from 12 making an anatomical gift of the body or part under AS 13.52.177 or 13.52.203. 13 (e) In the absence of an express, contrary indication by the donor or another 14 person authorized to make an anatomical gift under AS 13.52.173, an anatomical gift 15 of a part is not a refusal to give another part or a limitation on the making of an 16 anatomical gift of another part at a later time by the donor or another person. 17 (f) In the absence of an express, contrary indication by the donor or another 18 person authorized to make an anatomical gift under AS 13.52.173, an anatomical gift 19 of a part for one or more of the purposes set out in AS 13.52.173 is not a limitation on 20 the making of an anatomical gift of the part for any of the other purposes by the donor 21 or any other person under AS 13.52.177 or 13.52.203. 22 (g) If a donor who is an unemancipated minor dies, a parent of the donor who 23 is reasonably available may revoke or amend an anatomical gift of the donor's body or 24 part. 25 (h) If an unemancipated minor who signed a refusal dies, a parent of the minor 26 who is reasonably available may revoke the minor's refusal. 27 Sec. 13.52.197. Who may make anatomical gift of decedent's body or part. 28 (a) Subject to (b) and (c) of this section and unless barred by AS 13.52.187 or 29 13.52.193, an anatomical gift of a decedent's body or part for the purpose of 30 transplantation, therapy, research, or education may be made by any member of the 31 following classes of persons who is reasonably available, in the order of priority listed:

01 (1) an agent of the decedent at the time of death who could have made 02 an anatomical gift under AS 13.52.173(2) immediately before the decedent's death; 03 (2) the spouse of the decedent; 04 (3) adult children of the decedent; 05 (4) parents of the decedent; 06 (5) adult siblings of the decedent; 07 (6) adult grandchildren of the decedent; 08 (7) grandparents of the decedent; 09 (8) an adult who exhibited special care and concern for the decedent; 10 (9) the persons who were acting as the guardians of the person of the 11 decedent at the time of death; and 12 (10) any other person having the authority to dispose of the decedent's 13 body. 14 (b) If there is more than one member of a class listed in subsection (a)(1), (3), 15 (4), (5), (6), (7), or (9) of this section entitled to make an anatomical gift, an 16 anatomical gift may be made by a member of the class unless that member or a person 17 to whom the gift may pass under AS 13.52.207 knows of an objection by another 18 member of the class. If an objection is known, the gift may be made only by a majority 19 of the members of the class who are reasonably available. 20 (c) A person may not make an anatomical gift if, at the time of the decedent's 21 death, a person in a prior class under (a) of this section is reasonably available to make 22 or to object to the making of an anatomical gift. 23 * Sec. 20. AS 13.52 is amended by adding new sections to read: 24 Sec. 13.52.203. Manner of making, amending, or revoking anatomical gift 25 of decedent's body or part. (a) Notwithstanding AS 13.52.020, a person authorized 26 to make an anatomical gift under AS 13.52.197 may make an anatomical gift by a 27 document of gift signed by the person making the gift or by that person's oral 28 communication that is electronically recorded or is contemporaneously reduced to a 29 record and signed by the individual receiving the oral communication. 30 (b) Subject to (c) of this section, an anatomical gift by a person authorized 31 under AS 13.52.197 may be amended or revoked orally or in a record by any member

01 of a prior class who is reasonably available. If more than one member of the prior 02 class is reasonably available, the gift made by a person authorized under AS 13.52.197 03 may be 04 (1) amended only if a majority of the reasonably available members 05 agree to the amending of the gift; or 06 (2) revoked only if a majority of the reasonably available members 07 agree to the revoking of the gift or if they are equally divided as to whether to revoke 08 the gift. 09 (c) Notwithstanding AS 13.52.020, a revocation under (b) of this section is 10 effective only if, before an incision has been made to remove a part from the donor's 11 body or before invasive procedures have begun to prepare the recipient, the 12 procurement organization, transplant hospital, or physician or technician knows of the 13 revocation. 14 Sec. 13.52.207. Persons who may receive anatomical gift; purpose of 15 anatomical gift. (a) An anatomical gift may be made to the following persons named 16 in the document of gift: 17 (1) a hospital, an accredited medical school, a dental school, a college, 18 a university, an organ procurement organization, or another appropriate person, for 19 research or education; 20 (2) subject to (b) of this section, an individual designated by the person 21 making the anatomical gift if the individual is the recipient of the part; 22 (3) an eye bank or a tissue bank. 23 (b) If an anatomical gift to an individual under (a)(2) of this section cannot be 24 transplanted into the individual, the part passes under (g) of this section in the absence 25 of an express, contrary indication by the person making the anatomical gift. 26 (c) If an anatomical gift of one or more specific parts or of all parts is made in 27 a document of gift that does not name a person described in (a) of this section but 28 identifies the purpose for which an anatomical gift may be used, the following rules 29 apply: 30 (1) if the part is an eye and the gift is for the purpose of transplantation 31 or therapy, the gift passes to the appropriate eye bank;

01 (2) if the part is tissue and the gift is for the purpose of transplantation 02 or therapy, the gift passes to the appropriate tissue bank; 03 (3) if the part is an organ and the gift is for the purpose of 04 transplantation or therapy, the gift passes to the appropriate organ procurement 05 organization as custodian of the organ; 06 (4) if the part is an organ, an eye, or tissue and the gift is for the 07 purpose of research or education, the gift passes to the appropriate procurement 08 organization. 09 (d) For the purpose of (c) of this section, if there is more than one purpose of 10 an anatomical gift set out in the document of gift but the purposes are not set out in 11 any priority, the gift shall be used for transplantation or therapy, if suitable. If the gift 12 cannot be used for transplantation or therapy, the gift may be used for research or 13 education. 14 (e) If an anatomical gift of one or more specific parts is made in a document of 15 gift that does not name a person described in (a) of this section and does not identify 16 the purpose of the gift, the gift may be used only for transplantation or therapy, and 17 the gift passes under (g) of this section. 18 (f) If a document of gift specifies only a general intent to make an anatomical 19 gift by words such as "donor," "organ donor," or "body donor," or by a symbol or 20 statement of similar import, the gift may be used only for transplantation or therapy, 21 and the gift passes under (g) of this section. 22 (g) For purposes of (b), (e), and (f) of this section, the following rules apply: 23 (1) if the part is an eye, the gift passes to the appropriate eye bank; 24 (2) if the part is tissue, the gift passes to the appropriate tissue bank; 25 (3) if the part is an organ, the gift passes to the appropriate organ 26 procurement organization as custodian of the organ. 27 (h) An anatomical gift of an organ for transplantation or therapy, other than an 28 anatomical gift under (a)(2) of this section, passes to the organ procurement 29 organization as custodian of the organ. 30 (i) If an anatomical gift does not pass under (a) - (h) of this section or the 31 decedent's body or part is not used for transplantation, therapy, research, or education,

01 custody of the body or part passes to the person under obligation to dispose of the 02 body or part. 03 (j) A person may not accept an anatomical gift if the person knows that the 04 gift was not effectively made under AS 13.52.177 or 13.52.203 or if the person knows 05 that the decedent made a refusal under AS 13.52.187 that was not revoked. For 06 purposes of this subsection, if a person knows that an anatomical gift was made on a 07 document of gift, the person is considered to know of any amendment or revocation of 08 the gift or any refusal to make an anatomical gift on the same document of gift. 09 (k) Except as otherwise provided in (a)(2) of this section, nothing in 10 AS 13.52.173 - 13.52.268 affects the allocation of organs for transplantation or 11 therapy. 12 * Sec. 21. AS 13.52 is amended by adding new sections to read: 13 Sec. 13.52.213. Search and notification. (a) The following persons shall 14 make a reasonable search of an individual who the person reasonably believes is dead 15 or near death for a document of gift or other information identifying the individual as a 16 donor or as an individual who made a refusal: 17 (1) a law enforcement officer, a fire fighter, a paramedic, or another 18 emergency rescuer finding the individual; and 19 (2) if another other source of the information is not immediately 20 available, a hospital, as soon as practical after the individual's arrival at the hospital. 21 (b) If a document of gift or a refusal to make an anatomical gift is located by 22 the search required by (a)(1) of this section and the individual or deceased individual 23 to whom it relates is taken to a hospital, the person responsible for conducting the 24 search shall send the document of gift or refusal to the hospital. 25 (c) Except as provided by AS 13.52.080 - 13.52.090, a person is not subject to 26 criminal or civil liability for failing to discharge the duties imposed by this section but 27 may be subject to administrative sanctions. 28 Sec. 13.52.217. Delivery of document of gift not required; right to 29 examine. (a) A document of gift need not be delivered during the donor's lifetime to 30 be effective. 31 (b) On or after an individual's death, a person in possession of a document of

01 gift or a refusal to make an anatomical gift with respect to the individual shall allow 02 examination and copying of the document of gift or refusal by a person authorized to 03 make or object to the making of an anatomical gift with respect to the individual or by 04 a person to whom the gift could pass under AS 13.52.207. 05 * Sec. 22. AS 13.52 is amended by adding new sections to read: 06 Sec. 13.52.223. Rights and duties of procurement organization and others. 07 (a) When a hospital refers an individual at or near death to a procurement 08 organization, the organization shall make a reasonable search of the records of the 09 department and a donor registry. 10 (b) A procurement organization shall be allowed reasonable access to 11 information in the records of the department to ascertain whether an individual at or 12 near death is a donor. 13 (c) Except as provided by AS 13.52.253, when a hospital refers an individual 14 at or near death to a procurement organization, the organization may conduct any 15 reasonable examination necessary to ensure the medical suitability of a part that is or 16 could be the subject of an anatomical gift for transplantation, therapy, research, or 17 education from a donor or a prospective donor. Except as provided by AS 13.52.055 18 or 13.52.253, during the examination period, measures necessary to ensure the medical 19 suitability of the part may not be withheld or withdrawn, unless the hospital or 20 procurement organization knows that the individual expressed a contrary intent. 21 (d) Unless prohibited by law other than AS 13.52.173 - 13.52.268, at any time 22 after a donor's death, the person to whom a part passes under AS 13.52.207 may 23 conduct any reasonable examination necessary to ensure the medical suitability of the 24 body or part for its intended purpose. 25 (e) Unless prohibited by law other than AS 13.52.173 - 13.52.268, an 26 examination under (c) or (d) of this section may include an examination of all medical 27 and dental records of the donor or prospective donor. 28 (f) Upon the death of a minor who was a donor or had signed a refusal, unless 29 a procurement organization knows the minor is emancipated, the procurement 30 organization shall conduct a reasonable search for the parents of the minor and provide 31 the parents with an opportunity to revoke or amend the anatomical gift or revoke the

01 refusal. 02 (g) Upon referral by a hospital under (a) of this section, a procurement 03 organization shall make a reasonable search for any person listed in AS 13.52.197 04 having priority to make an anatomical gift on behalf of a prospective donor. If a 05 procurement organization receives information that an anatomical gift to any other 06 person was made, amended, or revoked, it shall promptly advise the other person of all 07 relevant information. 08 (h) Subject to AS 13.52.207(i) and 13.52.257, the rights of the person to 09 whom a part passes under AS 13.52.207 are superior to the rights of all others with 10 respect to the part. The person may accept or reject an anatomical gift in whole or in 11 part. Subject to the terms of the document of gift and AS 13.52.173 - 13.52.268, a 12 person who accepts an anatomical gift of an entire body may allow embalming, burial, 13 or cremation, and use of remains in a funeral service. If the gift is of a part, the person 14 to whom the part passes under AS 13.52.207, on the death of the donor and before 15 embalming, burial, or cremation, shall cause the part to be removed without 16 unnecessary mutilation. 17 (i) The physician who attends the decedent at death and the physician who 18 determines the time of the decedent's death may not participate in the procedures for 19 removing or transplanting a part from the decedent. 20 (j) A physician or technician may remove a donated part from the body of a 21 donor that the physician or technician is qualified to remove. 22 Sec. 13.52.227. Coordination of procurement and use. A hospital in this 23 state shall enter into agreements or affiliations with procurement organizations for 24 coordination of procurement and use of anatomical gifts. 25 * Sec. 23. AS 13.52 is amended by adding a new section to read: 26 Sec. 13.52.233. Sale or purchase of parts prohibited; charges allowed. (a) 27 Except as otherwise provided in (b) of this section, a person who, for valuable 28 consideration, knowingly purchases or sells a part for transplantation or therapy if 29 removal of a part from an individual is intended to occur after the individual's death 30 commits a class C felony. 31 (b) A person may charge a reasonable amount for the removal, processing,

01 preservation, quality control, storage, transportation, implantation, or disposal of a 02 part. 03 * Sec. 24. AS 13.52 is amended by adding new sections to read: 04 Sec. 13.52.243. Immunity. (a) Except as provided by AS 13.52.080 - 05 13.52.090, a person who acts under AS 13.52.173 - 13.52.268 or with the applicable 06 anatomical gift law of another state, or attempts in good faith to act under 07 AS 13.52.173 - 13.52.268 or with the applicable anatomical gift law of another state, 08 is not liable for the act in a civil action, a criminal prosecution, or an administrative 09 proceeding. 10 (b) Except as provided by AS 13.52.080 - 13.52.090, a person making an 11 anatomical gift and the donor's estate are not liable for any injury or damage that 12 results from the making or use of the gift. 13 (c) In determining whether an anatomical gift has been made, amended, or 14 revoked under AS 13.52.173 - 13.52.268, a person may rely on representations of an 15 individual listed in AS 13.52.197(a)(2) - (8) relating to the individual's relationship to 16 the donor or prospective donor unless the person knows that the representation is 17 untrue. 18 Sec. 13.52.247. Law governing validity; choice of law as to execution of 19 document of gift; presumption of validity. (a) Notwithstanding AS 13.52.010(k), a 20 document of gift is valid if executed under 21 (1) AS 13.52.173 - 13.52.268; 22 (2) the laws of the state or country where it was executed; or 23 (3) the laws of the state or country where the person making the 24 anatomical gift was domiciled, has a place of residence, or was a national at the time 25 the document of gift was executed. 26 (b) If a document of gift is valid under this section, the law of this state 27 governs the interpretation of the document of gift. 28 (c) A person may presume that a document of gift or amendment of an 29 anatomical gift is valid unless that person knows that it was not validly executed or 30 was revoked. 31 * Sec. 25. AS 13.52 is amended by adding new sections to read:

01 Sec. 13.52.253. Effect of anatomical gift on advance health care directive. 02 Except as provided by AS 13.52.055, if a prospective donor has an advance health 03 care directive, and the terms of the directive and the express terms of a potential 04 anatomical gift are in conflict with regard to the administration of measures necessary 05 to ensure the medical suitability of a part for transplantation or therapy, the 06 prospective donor's attending physician and prospective donor shall confer to resolve 07 the conflict. If the prospective donor is incapable of resolving the conflict, an agent 08 acting under the prospective donor's declaration or directive, or, if none or the agent is 09 not reasonably available, another person authorized by law other than AS 13.52.173 - 10 13.52.268 to make health care decisions on behalf of the prospective donor, shall act 11 for the donor to resolve the conflict. The conflict shall be resolved as expeditiously as 12 possible. Information relevant to the resolution of the conflict may be obtained from 13 the appropriate procurement organization and any other person authorized to make an 14 anatomical gift for the prospective donor under AS 13.52.173 - 13.52.268. Before 15 resolution of the conflict, measures necessary to ensure the medical suitability of the 16 part may not be withheld or withdrawn from the prospective donor unless withholding 17 or withdrawing the measures conflicts with appropriate end-of-life care. 18 Sec. 13.52.255. Cooperation between coroner, state medical examiner, and 19 procurement organization. (a) A coroner and a state medical examiner shall 20 cooperate with procurement organizations to maximize the opportunity to recover 21 anatomical gifts for the purpose of transplantation, therapy, research, or education. 22 (b) If a coroner or a state medical examiner receives notice from a 23 procurement organization that an anatomical gift might be available or was made with 24 respect to a decedent whose body is under the jurisdiction of the coroner or state 25 medical examiner and a postmortem examination is going to be performed, unless the 26 coroner or state medical examiner denies recovery under AS 13.52.257, the coroner, 27 the state medical examiner, or a designee shall conduct a postmortem examination of 28 the body or the part in a manner and within a period compatible with its preservation 29 for the purposes of the gift. 30 (c) A part may not be removed from the body of a decedent under the 31 jurisdiction of a coroner or a state medical examiner for transplantation, therapy,

01 research, or education unless the part is the subject of an anatomical gift. The body of 02 a decedent under the jurisdiction of the coroner or state medical examiner may not be 03 delivered to a person for research or education unless the body is the subject of an 04 anatomical gift. This subsection does not preclude a coroner or the state medical 05 examiner from performing the medicolegal investigation on the body or parts of a 06 decedent under the jurisdiction of the coroner or state medical examiner. 07 Sec. 13.52.257. Facilitation of anatomical gift from decedent whose body is 08 under jurisdiction of coroner or state medical examiner. (a) On request of a 09 procurement organization, a coroner or the state medical examiner may release to the 10 procurement organization the name, contact information, and available medical and 11 social history of a decedent whose body is under the jurisdiction of the coroner or state 12 medical examiner. If the decedent's body or part is medically suitable for 13 transplantation, therapy, research, or education, the coroner or state medical examiner 14 shall release postmortem examination results to the procurement organization. The 15 procurement organization may make a subsequent disclosure of the postmortem 16 examination results or other information received from the coroner or state medical 17 examiner only if relevant to transplantation or therapy. 18 (b) The coroner or state medical examiner may conduct a medicolegal 19 examination by reviewing all medical records, laboratory test results, x-rays, other 20 diagnostic results, and other information that any person possesses about a donor or 21 prospective donor whose body is under the jurisdiction of the coroner or state medical 22 examiner that the coroner or state medical examiner determines may be relevant to the 23 investigation. 24 (c) A person who has any information requested by a coroner or the state 25 medical examiner under (b) of this section shall provide that information as 26 expeditiously as possible to allow the coroner or state medical examiner to conduct the 27 medicolegal investigation within a period compatible with the preservation of parts for 28 the purpose of transplantation, therapy, research, or education. 29 (d) If an anatomical gift has been or might be made of a part of a decedent 30 whose body is under the jurisdiction of the coroner or state medical examiner and a 31 postmortem examination is not required, or the coroner or state medical examiner

01 determines that a postmortem examination is required but that the recovery of the part 02 that is the subject of an anatomical gift will not interfere with the examination, the 03 coroner or state medical examiner and the procurement organization shall cooperate in 04 the timely removal of the part from the decedent for the purpose of transplantation, 05 therapy, research, or education. 06 (e) If an anatomical gift of a part from the decedent under the jurisdiction of 07 the coroner or state medical examiner has been or might be made, but the coroner or 08 state medical examiner initially believes that the recovery of the part could interfere 09 with the postmortem investigation into the decedent's cause or manner of death, the 10 coroner or state medical examiner may consult with the procurement organization, or 11 the physician or technician designated by the procurement organization, about the 12 proposed recovery. After consultation, the coroner or state medical examiner may 13 allow the recovery. 14 (f) If the coroner, the state medical examiner, or a designee denies recovery of 15 a part, the coroner, state medical examiner, or designee shall 16 (1) explain in a record the specific reasons for not allowing recovery of 17 the part; 18 (2) include the specific reasons in the records of the coroner or state 19 medical examiner; and 20 (3) provide a record with the specific reasons to the procurement 21 organization. 22 (g) If the coroner, the state medical examiner, or a designee allows recovery of 23 a part under (d) or (e) of this section, the procurement organization, on request, shall 24 cause the physician or technician who removes the part to provide the coroner or state 25 medical examiner with a record describing the condition of the part, a biopsy, a 26 photograph, and any other information and observations that would assist in the 27 postmortem examination. 28 (h) If a coroner, state medical examiner, or designee elects to be present at a 29 removal procedure, on request, the procurement organization requesting the recovery 30 of the part shall reimburse the coroner, state medical examiner, or designee for the 31 additional costs incurred in complying with this section.

01 * Sec. 26. AS 13.52 is amended by adding a new section to read: 02 Sec. 13.52.263. Relation to Electronic Signatures in Global and National 03 Commerce Act. AS 13.52.173 - 13.52.267 modify, limit, and supersede 15 U.S.C. 04 7001 - 7031 (Electronic Signatures in Global and National Commerce Act), except 05 that AS 13.52.173 - 13.52.267 do not modify, limit or supersede 15 U.S.C. 7001, or 06 authorize electronic delivery of any of the notices described in 15 U.S.C. 7003(b). 07 * Sec. 27. AS 13.52 is amended by adding new sections to read: 08 Sec. 13.52.267. Uniformity of application and construction. In applying and 09 construing AS 13.52.173 - 13.52.263, consideration shall be given to the need to 10 promote uniformity of the law with respect to its subject matter among states that 11 enact it. 12 Sec. 13.52.268. Definitions for AS 13.52.173 - 13.52.268. Notwithstanding 13 AS 13.52.390, in AS 13.52.173 - 13.52.268, 14 (1) "adult" means an individual who is at least 18 years of age; 15 (2) "decedent" means a deceased individual whose body or part is or 16 may be the source of an anatomical gift; the term includes a stillborn infant and, 17 subject to restrictions imposed by law other than AS 13.52.173 - 13.52.168, a fetus; 18 (3) "department" means the Department of Administration; 19 (4) "disinterested witness" means a witness who is not 20 (A) the spouse, child, parent, sibling, grandchild, grandparent, 21 or guardian of the individual who makes, amends, revokes, or refuses to make 22 an anatomical gift; 23 (B) an adult who exhibited special care and concern for the 24 individual; or 25 (C) a person to whom an anatomical gift could pass under 26 AS 13.52.207; 27 (5) "document of gift" means a donor card or other record used to 28 make an anatomical gift, and includes a statement or symbol on a driver's license, an 29 identification card, or a donor registry; 30 (6) "donor" means an individual whose body or part is the subject of 31 an anatomical gift;

01 (7) "donor registry" means the donor registry created under 02 AS 13.50.110; 03 (8) "driver's license" means a license or permit issued by the 04 department under AS 28.15 to operate a vehicle, whether or not conditions are 05 attached to the license or permit; 06 (9) "eye bank" means a person who is licensed, accredited, or 07 regulated under federal or state law to engage in the recovery, screening, testing, 08 processing, storage, or distribution of human eyes or portions of human eyes; 09 (10) "guardian" means a person appointed by a court to make decisions 10 regarding the support, care, education, health, or welfare of an individual; the term 11 does not include a guardian ad litem; 12 (11) "hospital" means a facility licensed as a hospital under the law of 13 any state or a facility operated as a hospital by the United States, a state, or a 14 subdivision of a state; 15 (12) "identification card" means an identification card issued by the 16 Department of Administration under AS 18.65.310; 17 (13) "know" means to have actual knowledge; 18 (14) "minor" means an individual who is under 18 years of age; 19 (15) "organ procurement organization" means a person designated by 20 the United States Secretary of Health and Human Services as an organ procurement 21 organization; 22 (16) "parent" means a parent whose parental rights have not been 23 terminated; 24 (17) "person" means an individual, corporation, business trust, estate, 25 trust, partnership, limited liability company, association, joint venture, public 26 corporation, government or governmental subdivision, agency, or instrumentality, or 27 any other legal or commercial entity; 28 (18) "physician" means an individual authorized to practice medicine 29 or osteopathy under the law of any state; 30 (19) "procurement organization" means an eye bank, an organ 31 procurement organization, or a tissue bank;

01 (20) "prospective donor" means an individual who is dead or near 02 death and has been determined by a procurement organization to have a part that could 03 be medically suitable for transplantation, therapy, research, or education; the term 04 does not include an individual who has made a refusal; 05 (21) "reasonably available" means able to be contacted by a 06 procurement organization without undue effort and willing and able to act in a timely 07 manner consistent with existing medical criteria necessary for the making of an 08 anatomical gift; 09 (22) "recipient" means an individual into whose body a decedent's part 10 has been or is intended to be transplanted; 11 (23) "record" means information that is inscribed on a tangible 12 medium or that is stored in an electronic or another medium and is retrievable in 13 perceivable form; 14 (24) "refusal" means a record created under AS 13.52.187 that 15 expressly states an intent to bar other persons from making an anatomical gift of an 16 individual's body or part; 17 (25) "sign" means, with the present intent to authenticate or adopt a 18 record, 19 (A) to execute or adopt a tangible symbol; or 20 (B) to attach to or logically associate with the record an 21 electronic symbol, sound, or process; 22 (26) "state" means a state of the United States, the District of 23 Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular 24 possession subject to the jurisdiction of the United States; 25 (27) "state medical examiner" means the state medical examiner 26 appointed under AS 12.65.015(a); 27 (28) "technician" means an individual determined to be qualified to 28 remove or process parts by an appropriate organization that is licensed, accredited, or 29 regulated under federal or state law; the term includes an enucleator; 30 (29) "tissue" means a portion of the human body other than an organ or 31 an eye; the term does not include blood unless the blood is donated for the purpose of

01 research or education; 02 (30) "tissue bank" means a person who is licensed, accredited, or 03 regulated under federal or state law to engage in the recovery, screening, testing, 04 processing, storage, or distribution of tissue; 05 (31) "transplant hospital" means a hospital that furnishes organ 06 transplants and other medical and surgical specialty services required for the care of 07 transplant patients. 08 * Sec. 28. AS 13.52.390(3) is amended to read: 09 (3) "anatomical gift" means [AN INDIVIDUAL INSTRUCTION 10 THAT MAKES] a donation of all or a part of a human [AN INDIVIDUAL'S] body to 11 take effect [UPON OR] after the donor's death for the purpose of transplantation, 12 therapy, research, or education; 13 * Sec. 29. AS 13.52.390(30) is amended to read: 14 (30) "part" means an organ, tissue, or an eye [, A BONE, AN 15 ARTERY, BLOOD, FLUID, OR ANOTHER PORTION] of a human being [BODY], 16 except fetal tissue; the term does not include the whole body; 17 * Sec. 30. AS 18.65.311(b) is amended to read: 18 (b) An employee of the department who processes an identification card 19 application, other than an application received by mail, shall ask the applicant orally 20 whether the applicant wishes to execute an anatomical gift. The department shall, by 21 placement of posters and brochures in the office where the application is taken, and by 22 oral advice, if requested, make known to the applicant the method by which the 23 cardholder may make an anatomical gift under AS 13.52. The department shall inform 24 each applicant for an identification card in writing that, if the applicant executes a gift 25 under AS 13.52 and if the gift is made with the registration, the department will 26 transmit the information on the identification card to a donor registry created under 27 AS 13.50.110. The department shall also direct the applicant to notify a procurement 28 organization or the department under AS 13.50.140 if the identification card is 29 destroyed or mutilated or the gift is revoked under AS 13.52.183 [AS 13.52.170]. The 30 department shall carry out the requirements of AS 13.50.100 - 13.50.190. 31 * Sec. 31. AS 28.10.021(c) is amended to read:

01 (c) An employee of the department who processes an application for 02 registration or renewal of registration, other than an application received by mail or an 03 application for registration under AS 28.10.152, shall ask the applicant orally whether 04 the applicant wishes to execute an anatomical gift. The department shall make known 05 to all applicants the procedure for executing an anatomical gift under AS 13.52 06 (Health Care Decisions Act) by displaying posters in the offices in which applications 07 are taken, by providing a brochure or other written information to each person who 08 applies in person or by mail, and, if requested, by providing oral advice. The 09 department shall inform each applicant in writing that, if the applicant executes a gift 10 under AS 13.52 and if the gift is made with the registration application, the department 11 will transmit the information on the registration to a donor registry created under 12 AS 13.50.110. The department shall also direct the applicant to notify a procurement 13 organization or the department under AS 13.50.140 if the registration is destroyed or 14 mutilated or the gift is revoked under AS 13.52.183 [AS 13.52.170]. The department 15 shall carry out the requirements of AS 13.50.100 - 13.50.190. 16 * Sec. 32. AS 28.15.061(d) is amended to read: 17 (d) An employee of the department who processes a driver's license 18 application, other than an application received by mail, shall ask the applicant orally 19 whether the applicant wishes to execute an anatomical gift. The department shall make 20 known to all applicants the procedure for executing an anatomical gift under AS 13.52 21 (Health Care Decisions Act) by displaying posters in the offices in which applications 22 are taken, by providing a brochure or other written information to each person who 23 applies in person or by mail, and, if requested, by providing oral advice. The 24 department shall inform each applicant in writing that, if the applicant executes a gift 25 under AS 13.52 and if the gift is made with the driver's license application, the 26 department will transmit the information on the license to a donor registry created 27 under AS 13.50.110. The department shall also direct the applicant to notify a 28 procurement organization or the department under AS 13.50.140 if the license is 29 destroyed or mutilated or the gift is revoked under AS 13.52.183 [AS 13.52.170]. The 30 department shall carry out the requirements of AS 13.50.100 - 13.50.190. 31 * Sec. 33. AS 28.15.111(b) is amended to read:

01 (b) The department shall provide a method, at the time that an operator's 02 license is issued, by which the owner of a license may make an anatomical gift under 03 AS 13.52. The method must provide a means by which the owner may cancel the 04 anatomical gift. The department shall inform each applicant in writing that, if the 05 applicant executes a gift under AS 13.52 and if the gift is made with the license, the 06 department will transmit the information on the license to a donor registry created 07 under AS 13.50.110. The department shall also direct the applicant to notify a 08 procurement organization or the department under AS 13.50.140 if the license is 09 destroyed or mutilated or the gift is revoked under AS 13.52.183 [AS 13.52.170]. The 10 department shall carry out the requirements of AS 13.50.100 - 13.50.190. 11 * Sec. 34. AS 37.05.146(c) is amended by adding a new paragraph to read: 12 (82) donations to the anatomical gift awareness fund under 13 AS 13.50.150. 14 * Sec. 35. AS 13.52.170, 13.52.180, 13.52.190, 13.52.200, 13.52.210, 13.52.220, 13.52.230, 15 13.52.240, 13.52.250, 13.52.260, 13.52.265, 13.52.270, 13.52.280, 13.52.390(10), 16 13.52.390(12), 13.52.390(13), and 13.52.390(41) are repealed. 17 * Sec. 36. The uncodified law of the State of Alaska is amended by adding a new section to 18 read: 19 APPLICABILITY. (a) AS 13.16.680(a), as amended by sec. 1 of this Act, and 20 AS 13.16.700, as amended by sec. 2 of this Act, apply to a decedent if the decedent dies on or 21 after the effective date of this Act. 22 (b) AS 13.33.101(d), (e), (f), and (g), as added by sec. 3 of this Act, apply to 23 provisions for a nonprobate transfer on death in a life insurance contract or a retirement plan 24 that are made before, on, or after the effective date of this Act. In this subsection, "life 25 insurance contract" and "retirement plan" have the meanings given in AS 13.33.101(g), added 26 by sec. 3 of this Act. 27 * Sec. 37. The uncodified law of the State of Alaska is amended by adding a new section to 28 read: 29 CONTINUING EFFECT OF EXISTING ANATOMICAL GIFTS. An anatomical gift 30 made under AS 13.52.170 - 13.52.280, repealed by this Act, continues in effect under 31 AS 13.52.173 - 13.52.268, enacted by secs. 17 - 27 of this Act, until the anatomical gift is

01 revoked under AS 13.52.173 - 13.52.268.