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statutes  is  repealed  and   the   following   is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