1.1 	A bill for an act
1.2 	relating to public safety; requiring public safety officers to notify the state's 
1.3 	federally designated organ procurement organization when a deceased organ 
1.4 	donor is discovered; amending Minnesota Statutes 2004, section 525.9214.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. PURPOSE.
 1.7 	The legislature finds that current procedures for initiating and procuring organ 
1.8 	donation and collection from eligible donors whose deaths occur outside the realm of 
1.9 	health care facilities can be improved and enhanced. Many registered and potential donors 
1.10 	are unable to gift their organs because uniform procedures are not in place to ensure that the 
1.11 	proper authorities are notified upon their death. Several other states have already adopted 
1.12 	policies to address this issue. In order to honor the noble intent of donors and to facilitate 
1.13 	potentially life saving transplants for state citizens, it is necessary to establish uniform 
1.14 	procedures in Minnesota to ensure the procurement of organs under these circumstances.
1.15 	The most effective procedure for organ donation requires cooperation and 
1.16 	communication between emergency response personnel and organ donation organizations 
1.17 	in a manner that utilizes all reasonable means possible to effectuate a successful donation 
1.18 	process. Therefore, the legislature declares it necessary to enact sections 2 and 3.

1.19 	Sec. 2. Minnesota Statutes 2004, section 525.9214, is amended to read:
1.20 	525.9214 ROUTINE INQUIRY AND REQUIRED REQUEST; SEARCH AND 
1.21 	NOTIFICATION.
1.22 	(a) If, at or near the time of death of a patient, there is no documentation in the 
1.23 	medical record that the patient has made or refused to make an anatomical gift, the hospital 
2.1 	administrator or a representative designated by the administrator shall discuss with the 
2.2 	patient or a relative of the patient the option to make or refuse to make an anatomical 
2.3 	gift and may request the making of an anatomical gift pursuant to section  525.9211 or  
2.4 	525.9212. The request must be made with reasonable discretion and sensitivity to the 
2.5 	circumstances of the family. A request is not required if the gift is not suitable, based 
2.6 	upon accepted medical standards, for a purpose specified in section  525.9215. An entry 
2.7 	must be made in the medical record of the patient, stating the name of the individual 
2.8 	making the request, and the name, response, and relationship to the patient of the person 
2.9 	to whom the request was made. 
2.10 	(b) The following persons shall make a reasonable search for a document of gift or 
2.11 	other information identifying the bearer as a donor or as an individual who has refused to 
2.12 	make an anatomical gift:
2.13 	(1) a law enforcement officer, firefighter, paramedic, or other emergency rescuer 
2.14 	finding an individual who the searcher believes is dead or near death;
2.15 	(2) a hospital or emergency care facility, upon the admission or presentation of an 
2.16 	individual at or near the time of death, if there is not immediately available any other 
2.17 	source of that information; and
2.18 	(3) a medical examiner or coroner upon receipt of a body.
2.19 	(c) If a document of gift or evidence of refusal to make an anatomical gift is located 
2.20 	by the search required by paragraph (b), clause (1), and the individual or body to whom 
2.21 	it relates is taken to a hospital, the hospital must be notified of the contents and the 
2.22 	document or other evidence must be sent to the hospital. If a document of gift is located 
2.23 	by the search required by paragraph (b), clause (1), and the individual or body to whom it 
2.24 	relates is taken to a morgue, the person who discovered the document of gift must notify 
2.25 	the person's dispatcher. A dispatcher notified under this section must notify the state's 
2.26 	federally designated organ procurement organization and inform the organization of the 
2.27 	deceased's name, donor status, and location.
2.28 	(d) If, at or near the time of death of a patient, a hospital knows that an anatomical 
2.29 	gift has been made pursuant to section  525.9212, paragraph (a), or a release and removal 
2.30 	of a part has been permitted pursuant to section  525.9213, or that a patient or an individual 
2.31 	identified as in transit to the hospital is a donor, the hospital shall notify the donee if one 
2.32 	is named and known to the hospital; if not, it shall notify an appropriate procurement 
2.33 	organization. The hospital shall cooperate in the implementation of the anatomical gift 
2.34 	or release and removal of a part. 
2.35 	(e) A person who fails to discharge the duties imposed by this section is not subject 
2.36 	to criminal or civil liability.

3.1 	EFFECTIVE DATE. This section is effective the day following final enactment.

3.2 	Sec. 3. PUBLIC SAFETY OFFICERS NOTICE OF ORGAN DONOR 
3.3 	IDENTIFICATION AND NOTIFICATION REQUIREMENTS.
 3.4 	The Peace Officers Standards and Training Board and the Emergency Medical 
3.5 	Services Regulatory Board must provide materials to each licensee that explain the organ 
3.6 	donor identification and notification requirements established in Minnesota Statutes, 
3.7 	section 525.9214. The materials shall be provided to each current licensee and to each 
3.8 	person who receives a license on or after the effective date of this section.

3.9 	EFFECTIVE DATE. This section is effective July 1, 2006.