LD 257
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LD 257 Title Page An Act To Honor the Intent of Organ Donors Page 2 of 5
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LR 263
Item 1

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

 
Sec. 1. 18-A MRSA §5-816-A is enacted to read:

 
§5-816-A.__Registration

 
Beginning January 1, 2004 a person who possesses an advance
health care directive executed pursuant to this Part shall
deliver the advance health care directive to the Maine Organ
Donor Registry established pursuant to Title 29-A, section
1402-A, subsection 4, paragraph A.__This section applies to
persons executing an advance health care directive, attorneys,
health care providers, surrogates and any other who possesses
an advance health care directive executed by another person.

 
Sec. 2. 20-A MRSA §8702, sub-§1 is enacted to read:

 
1.__Curriculum beginning January 1, 2004.__The driver
education course curriculum must include a short segment on
organ and tissue donation, including at a minimum the
following information:

 
A.__A statement that it is the policy of the State to
provide information regarding the opportunity to save
lives through organ and tissue donation; and

 
B.__Requirements for indicating the intention to donate.

 
Sec. 3. 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 18-A, Article 5, Part 8 or
Title 29-A, section 1402-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 2 persons who are not relatives of the
donor, indicating awareness of the expressed intention of the
donor.__The written statement must indicate that the signer
has discussed


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