An Act To Honor the Intent of Organ Donors LR0263(02)
Maine Legislature, Session 121, LD 0257
Committee Amendment CA_A_H445 (House)
Amends: 22 MRSA §2911, 29-A MRSA §1354

COMMITTEE AMENDMENT "If., to g,p, 212, 
Act To Honor the Intent of Organ Donors" 
L.D. 257, Bill, "An 
Amend the bill by striking out everything after the enacting 
clause and before the summary and inserting in its place the 
following: 
'Sec. 1. 22 MRSA §2911 is enacted to read: 
§2911. 
Honor intent of organ donors 
1. General rule. 
The intention of a person to make 
a 
donation of that person's own body organ or tissue after death 
must 
be 
honored. 
In 
the 
absence 
of 
a 
written 
statement 
overriding donor intent in accordance with subsection 2, 
or 
revocation or amendment of the donor's execution of the intent to 
donate under section 2906, Title l8-A, Article 5, Part 8 or Title 
29-A, 
section l402-A, health care providers licensed in this 
State and federally designated organ procurement organizations 
shall act in accordance with the donor's intention and may take 
appropriate actions to effect the gift. 
2. 
Overriding donor intent. 
Next of kin to a person who 
has expressed intent to donate that person's own body organ or 
tissue after death may override the intention of the donor in 
accordance with this subsection by executing a written statement, 
witnessed by a person who is not a relative of the donor. 
The 
Page l-LR0263(2) 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. fl., to H.P. 212, L.D. 257 
written statement must indicate that the signer has discussed 
honoring the intent of the organ donor with a representative of 
an organ procurement organization and must include: 
A. 
An indication that the donor revoked or altered the 
statement of intent to donate, as provided in section 2906 
or Title 18-A, Article 5, Part 8. 
Next of kin acting under 
this 
paragraph shall provide 
evidence of 
revocation or 
alteration by the donor after the date of the donor's 
expressing a willingness or intention to donate; or 
B. 
An indication of the decision of the signer to override 
the expressed intention of the donor. 
If more 
than one person gualifies as next of kin and also 
gualifies to execute an anatomical gift of all or part of the 
decedent's body under this chapter or any other provision of law, 
the 
document 
used 
to 
override 
donor 
intent must 
show 
the 
agreement of a majority of those persons at the level of priority 
of the signer under Title 18-A, 
section 5-805 or Title 22, 
section 2902, subsection 2. 
Sec. 2. 29-A MRS A §1301, sub-§8 is enacted to read: 
8. 
Organ and tissue donation. 
This subsection applies to 
organ donation under section 1402-A. 
A. 
Before issuing or renewing 
a driver's license, 
the 
Secretary of State shall make available to the applicant a 
short statement on the opportunity to save a life through 
organ and tissue donation and shall provide the applicant an 
opportunity to 
become 
an 
organ 
or 
tissue 
donor. 
The 
applicant must be given a form on which to indicate whether 
the applicant intends to become a donor. 
B. 
Information regarding the opportunity to save a life 
through 
organ 
and 
tissue 
donation 
must 
be 
prominently 
displayed 
on 
driver's 
license 
information 
mailed 
to 
applicants or distributed at offices of the bureau and must 
be prominently displayed on posters in offices of the bureau. 
Sec. 3. 29-A MRSA §1354, sub-§6, 1[B, as enacted by PL 1995, c. 
505, §15 and affected by §22, is amended to read: 
B. 
The Secretary of State shall develop and implement a 
standardized driver education curriculum that establishes 
minimum 
standards 
for 
instructional 
goals 
and 
learning 
objectives. 
The 
Secretary 
of 
State 
shall 
reguire 
distribution of information on organ and tissue donation and 
the possibility of saving lives through organ donation. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,,/I. to H.P. 212, L.D. 257 
Sec. 4. 29·A MRS A §1402·A, sub-§§4 and 5 are enacted to read: 
4. 
Anatomical gift coordination. 
In order to coordinate 
the 
donation 
of 
anatomical 
gifts 
and 
the 
receipt 
and 
transplantation of organs and tissues, beginning July L 
2004, 
the Secretary of State shall perform the following duties. 
A. 
The 
Secretary 
of 
State 
shall 
modify 
its existing 
database system to maintain the Maine Organ Donor Registry, 
referred to in this section as "the registry." The Secretary 
of State shall include information on donors who indicate 
their 
intention 
to 
donate 
through 
the 
office 
of 
the 
Secretary of State. 
B. 
The Secretary of State shall establish a 
volunteer 
advisory 
committee 
to 
provide 
advice 
and 
information 
regarding anatomical gifts, public information programs and 
donor recognition programs. 
C. 
Information maintained in the registry must be made 
available through a secure site on the Internet, designed to 
guard donor 
and family privacy, 
to federally designated 
organ 
procurement 
organizations 
as 
necessary 
for 
the 
coordination of receipt of anatomical gifts and coordination 
of transplantation of organs and tissues. 
D. 
The Secretary of State shall invite each hospital in the 
State to nominate individual donors or families for a "Gift 
of Life" award. 
The Secretary of State shall forward the 
names 
of 
persons 
to 
the 
Governor 
each 
year 
for 
commendation through the "Gift of Life" award for their 
generosity and humanitarian spirit. 
E. 
Notwithstanding Title 22, section 1711-C and any other 
provision of law to the contrary, 
a health care provider 
licensed in this State to provide primary health care shall 
provide 
information 
to 
a 
federally 
designated 
organ 
procurement 
organization 
regarding 
a 
patient 
who 
has 
indicated a willingness to become an organ donor under this 
section, Title l8-A, Article 5, Part 8 or Title 22, chapter 
if such information is provided in accordance with 
professional standards applicable to organ donation and if 
donor intent has not been overridden pursuant to Title 22, 
section 2911, subsection 2. 
5. 
Effect. 
An 
expression 
of 
willingness 
to 
make 
an 
anatomical gift under this section has the Same effect as 
a 
designation under Title l8-A, Article 5, Part 8 or Title 22, 
chapter 710. 
Revocation or suspension of the right to drive 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,~, to H.P. 212, L.D. 257 
under this chapter does not affect the expressed willingness of a 
person to make an anatomical gift under this section. 
Sec. 5. Organ and tissue donation information. 
The Secretary of 
State 
shall 
make 
available 
to 
driver 
education 
schools 
information regarding organ and tissue donation. 
Sec. 6. Effective date. 
This Act takes effect July 1, 2004, 
except that the provision that enacts the Maine Revised Statutes, 
Title 29-A, 
section 1402-A, 
subsections 4 
and 5 takes effect 
after 
implementation 
of 
the 
computer 
system 
scheduled 
for 
installation in the Office of the Secretary of State in 2004.' 
SUMMARY 
This amendment does the following: 
1. 
It deletes the provision requiring submission of organ 
donation documents to the Maine Organ Donation Registry; 
2. 
It deletes the 
prov~s~on requiring driver education 
curricula to contain an organ donation segment and the prov~s~on 
by driver education programs of information on organ donation and 
the possibility of saving lives through organ donation; 
3. 
It changes the witnessing of organ donation override 
from 2 witnesses to one and requires discussion with an organ 
procurement organization instead of the hospital; 
4. 
It requires the Secretary of State's personnel to make 
available organ donation materials instead of reading them to the 
applicant; 
5. 
It requires the Maine Organ Donor Registry 
information from 
those persons 
who 
indicate their 
donate through the Office of the Secretary of State; 
to accept 
intent to 
6. 
It requires the Secretary of State to make available to 
driver education schools information regarding organ and tissue 
donation; 
7. 
It adds an allocation in fiscal year 2004-05 of $20,000 
from the Highway Fund for the Maine Organ Donor Registry; and 
8. 
It provides an effective date of July 1, 2004. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Revised: 05/16/03 hac:.. 
Office of Fiscal and Program Review 
LD257 
An Act To Honor the Intent of Organ Donors 
LR0263(02) 
Fiscal Note for Bill as Amended by Committee Amendment" " 
Committee: Health and Human Services 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Highway Fund 
LR0263(2) - Fiscal Note - Page 1 of 1