Senate Bill No. 545
Senate Bill No. 545
PUBLIC ACT NO. 98-172
AN ACT CONCERNING ANATOMICAL DONATIONS.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. Section 19a-279b of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) A person who is at least eighteen years
of age may (1) make an anatomical gift for any of
the purposes stated in subsection (a) of section
19a-279f, (2) limit an anatomical gift to one or
more of such purposes, or (3) refuse to make an
anatomical gift.
(b) An anatomical gift may be made by a
document of gift signed by the donor. If the donor
cannot sign, the document of gift shall be signed
by another person and by two witnesses, all of
whom have signed at the direction and in the
presence of the donor and of each other, and state
that it has been so signed.
(c) If a document of gift is attached to or
imprinted on a donor's motor vehicle operator's
license, the document of gift shall comply with
subsection (b) of this section. Revocation,
suspension, expiration or cancellation of the
license shall not invalidate the anatomical gift.
(d) A document of gift may designate a
particular physician or surgeon to carry out the
appropriate procedures. In the absence of a
designation or if the designee is not available,
the donee or other person authorized to accept the
anatomical gift may employ or authorize any
physician or surgeon to carry out the appropriate
procedure.
(e) An anatomical gift by will shall take
effect upon the death of the testator, whether or
not the will is probated. If, after death, the
will is declared invalid for testamentary
purposes, the validity of the anatomical gift is
unaffected.
(f) A donor may amend or revoke an anatomical
gift, not made by will, only by: (1) A signed
statement; [(2) an oral statement made in the
presence of two persons; (3) any form of
communication during a terminal illness or injury
addressed to a physician or surgeon;] or [(4)] (2)
the delivery of a signed statement to a specified
donee to whom a document of gift had been
delivered.
(g) The donor of an anatomical gift made by
will may amend or revoke the gift in the manner
provided for amendment or revocation of wills, or
as provided in subsection (f) of this section.
(h) An anatomical gift that is not revoked by
the donor before death is irrevocable and shall
not require the consent or concurrence of any
person after the death of the donor.
(i) A person may refuse to make an anatomical
gift of his body or part by (1) a writing signed
in the same manner as a document of gift, (2) a
statement attached to or imprinted on a donor's
motor vehicle operator's or chauffeur's license or
(3) any other writing used to identify the person
as refusing to make an anatomical gift. During a
terminal illness or injury, the refusal may be an
oral statement or other form of communication.
(j) In the absence of contrary indications by
the donor, an anatomical gift of a part is neither
a refusal to give other parts nor a limitation on
an anatomical gift under section 19a-279c or on a
removal or release of other parts under section
19a-279d.
(k) In the absence of contrary indications by
the donor, a revocation or amendment of an
anatomical gift is not a refusal to make another
anatomical gift. If the donor intends a revocation
to be a refusal to make an anatomical gift, the
donor shall make the refusal pursuant to
subsection (i) of this section.
Sec. 2. Section 19a-279j of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) An anatomical gift shall authorize any
reasonable examination necessary to assure medical
acceptability of the gift for the purposes
intended.
(b) The provisions of sections 19a-279a to
19a-279l, inclusive, AS AMENDED BY THIS ACT, shall
be subject to the laws of this state governing
autopsies.
(c) A hospital, physician, surgeon, medical
examiner or other person, who acts in accordance
with sections 19a-279a to 19a-279l, inclusive, AS
AMENDED BY THIS ACT, or with the applicable
anatomical gift law of another state or attempts
in good faith to do so shall not be liable for
that act in a civil action or criminal proceeding.
FOLLOWING A SIGNED STATEMENT BY A DONOR OR THE
DONOR CARD OF A DONOR PURSUANT TO SECTION 14-42,
AS AMENDED BY THIS ACT, SHALL BE PRIMA FACIE
EVIDENCE OF A GOOD FAITH ATTEMPT TO CONFORM TO THE
DONOR'S INTENT.
(d) A person who makes an anatomical gift
pursuant to section 19a-279b, AS AMENDED BY THIS
ACT, or 19a-279c and the person's estate shall not
be liable for any injury or damage that may result
from the making or the use of the anatomical gift.
Sec. 3. Section 14-42 of the general statutes
is repealed and the following is substituted in
lieu thereof:
(a) An application for an operator's license
shall be made on blanks furnished by the
commissioner. The application blanks shall be in
such form and contain such provisions and
information as the commissioner may determine.
(b) The application [blank] for an operator's
license shall [contain a line on which the
applicant may state that he has made provision for
the donation of a body organ] INCLUDE THE
OPPORTUNITY TO COMPLETE AN ORGAN DONOR CARD
pursuant to sections 19a-271 to 19a-280,
inclusive, AS AMENDED BY THIS ACT. An operator's
license issued to a person who has [stated that he
has made provision for such a donation shall
indicate such provision in a conspicuous manner
determined by the commissioner in order to enable
immediate identification of organ donors]
COMPLETED A DONOR CARD SHALL HAVE A COPY OF THE
CARD IMPRINTED ON THE REVERSE SIDE OF THE LICENSE.
Sec. 4. This act shall take effect October 1,
1998, except that section 3 shall take effect July
1, 1999.
Approved June 4, 1998