CHAPTER 208

H.P. 83 - L.D. 107

An Act Guaranteeing Freedom of Choice Regarding the

Disposition of One's Own Organs

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

Sec. 1. 22 MRSA §2904, sub-§2, as amended by PL 1981, c. 639, §1, is further amended to read:

2. Other documents. A gift of any part of the body under section 2902, subsection 1, may be made by document other than a will. The gift becomes effective upon the death of the donor and upon acceptance by the donee. The document, which may be a card designed to be carried on the person, must be may be a donor card signed by the donor, in the presence of 2 witnesses who must sign the document in his presence an electronic donor registry in which the donor is included or a driver's license on which a designation is made by organ donor decal, code or notation as provided in Title 29-A, section 1402-A. If the donor cannot sign, the document may be signed for him the donor at his the donor's direction and in his the donor's presence, and in the presence of 2 witnesses who must sign the document in his presence. Delivery of the document of gift during the donor's lifetime is not necessary to make the gift valid.

Sec. 2. 22 MRSA §2911, as enacted by PL 2003, c. 394, §1 and affected by §6, is amended 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