SP0044, LD 123, item 1, An Act To Ensure Proper Anatomical Recovery of Human Bodies and Body Parts

An Act To Ensure Proper Anatomical Recovery of Human Bodies and Body Parts

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 22 MRSA c. 710-C is enacted to read:

CHAPTER 710-C

ANATOMICAL RECOVERY ORGANIZATION ACT

§ 2971. Short title

This chapter may be known and cited as "the Anatomical Recovery Organization Act."

§ 2972. Definitions

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.

1. Anatomical recovery. "Anatomical recovery" means the recovery, processing or transfer of a body or body part that was donated in the State pursuant to chapter 710-B for the purposes of transplantation, therapy, research or education. "Anatomical recovery" does not include actions taken by the Chief Medical Examiner in the performance of the duties of the Chief Medical Examiner or the process for obtaining consent for an anatomical gift pursuant to chapter 710-B.

2. Anatomical recovery organization. "Anatomical recovery organization" means a nonprofit corporation that is engaged in anatomical recovery. "Anatomical recovery organization" does not include a hospital or an institution of higher education in this State that recovers a body or body part for its own use in transplantation, therapy, research or education and does not transfer the human body or body part to another person or entity.

3. Body or body part. "Body" or "body part" means a human body or an organ, tissue, eye, bone, blood vessel and other body part of a human body. "Body part" does not include blood except for blood that is donated for the purposes of research.

4. Chief Medical Examiner. "Chief Medical Examiner" has the same meaning as in section 2942, subsection 3.

5. Institution of higher education. "Institution of higher education" means a college or university located in the State that is accredited and approved for the granting of degrees at the postsecondary level by the Commissioner of Education.

§ 2973. Requirement of registration as an anatomical recovery organization

A person or entity that performs anatomical recovery in this State shall register with the department as an anatomical recovery organization and comply with all requirements imposed by rule adopted pursuant to section 2975. A person or entity that violates the requirements of this section commits a civil violation for which a fine of not more than $1,000 may be adjudged. A person or entity that violates this section after having been previously adjudicated as violating this section within the previous 5 years commits a civil violation for which a fine of not more than $5,000 may be adjudged.

§ 2974. Records; contract requirements

An anatomical recovery organization shall maintain records of the receipt, use, processing, transplantation, transfer and disposal of all bodies and body parts. The records must document all donations pursuant to chapter 710-B, transfers and disposal of bodies and body parts. If the anatomical recovery organization transfers a body or body part to another person or entity, the anatomical recovery organization shall by contract require the receiving person or entity to report to the anatomical recovery organization in a timely manner on the receipt, use, processing, transplantation, transfer and disposal of all bodies and body parts received from the anatomical recovery organization.

§ 2975. Rulemaking

The department shall adopt rules to implement this chapter. The rules must include but are not limited to rules regarding duration of registration of an anatomical recovery organization, registration fees, maintenance of records, inspection of records and the premises of an anatomical recovery organization by the department, qualifications of staff, documentation of consent to donation of all bodies and body parts, documentation of the persons or entities from which anatomical recovery organizations accept bodies and body parts, documentation of all transfers of bodies and body parts to other persons or entities and the use and disposal of the bodies and body parts and procedures for correction of deficiencies and revocation of registration. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

summary

This bill enacts the Anatomical Recovery Organization Act to require a person or entity that performs anatomical recovery in this State to register as an anatomical recovery organization. The bill provides penalties for performing anatomical recovery without having registered. The bill requires records to be kept on the receipt, use, processing, transplantation, transfer and disposal of all human bodies and body parts. The bill authorizes the department to adopt routine technical rules to implement the chapter.

SP0044 LD 123	Session - 126th Maine Legislature		LR 73 Item 1
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