74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 2158
House Bill 3092
Sponsored by COMMITTEE ON HEALTH CARE (at the request of Oregon
Delegation of National Conference of Commissioners on Uniform
State Laws)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Adopts provisions of Revised Uniform Anatomical Gift Act of
2006.
A BILL FOR AN ACT
Relating to anatomical gifts; creating new provisions; amending
ORS 97.130, 97.966, 114.305, 125.230, 125.315, 127.510 and
802.179; and repealing ORS 97.950, 97.952, 97.954, 97.956,
97.958, 97.960, 97.962 and 97.964.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 1 to 22 of this 2007 Act may be cited
as the Revised Uniform Anatomical Gift Act. + }
SECTION 2. { + As used in sections 1 to 22 of this 2007 Act:
(1) 'Adult' means an individual who is 18 years of age or
older.
(2) 'Agent' means an:
(a) Attorney-in-fact as that term is defined in ORS 127.505; or
(b) Individual expressly authorized to make an anatomical gift
on the principal's behalf by any record signed by the principal.
(3) 'Anatomical gift' means a donation of all or part of a
human body to take effect after the donor's death for the purpose
of transplantation, therapy, research or education.
(4) 'Body part' means an organ, an eye or tissue of a human
being. The term does not include the whole body.
(5) 'Decedent' means a deceased individual whose body or body
part is or may be the source of an anatomical gift, and includes
a stillborn infant or a fetus.
(6)(a) 'Disinterested witness' means a witness other than:
(A) A spouse, child, parent, sibling, grandchild, grandparent
or guardian of the individual who makes, amends, revokes or
refuses to make an anatomical gift; or
(B) An adult who exhibited special care and concern for the
individual.
(b) 'Disinterested witness' does not include a person to whom
an anatomical gift could pass under section 10 of this 2007 Act.
(7) 'Document of gift' means a donor card or other record used
to make an anatomical gift. The term includes a statement, symbol
or designation on a driver license, identification card or donor
registry.
(8) 'Donor' means an individual whose body or body part is the
subject of an anatomical gift.
(9) 'Donor registry' means a centralized database that contains
records of anatomical gifts and amendments to or revocations of
anatomical gifts.
(10) 'Driver license' means a license or permit issued under
ORS 807.040, 807.200 or 807.280, regardless of whether conditions
are attached to the license or permit.
(11) 'Eye bank' means an organization licensed, accredited or
regulated under federal or state law to engage in the recovery,
screening, testing, processing, storage or distribution of human
eyes or portions of human eyes.
(12) 'Guardian' means a person appointed by a court to make
decisions regarding the support, care, education, health or
welfare of an individual. 'Guardian' does not include a guardian
ad litem.
(13) 'Hospital' means a facility licensed as a hospital under
the law of any state or a facility operated as a hospital by the
United States, a state or a subdivision of a state.
(14) 'Identification card' means the card issued under ORS
807.400 or a comparable provision of the motor vehicle laws of
another state.
(15) 'Know' means to have actual knowledge.
(16) 'Minor' means an individual who is under 18 years of age.
(17) 'Organ procurement organization' means an organization
designated by the Secretary of the United States Department of
Health and Human Services as an organ procurement organization.
(18) 'Parent' means a parent whose parental rights have not
been terminated.
(19) 'Physician' means an individual authorized to practice
medicine or osteopathy under the law of any state.
(20) 'Procurement organization' means an eye bank, organ
procurement organization or tissue bank.
(21) 'Prospective donor' means an individual who is dead or
near death and has been determined by a procurement organization
to have a body part that could be medically suitable for
transplantation, therapy, research or education. The term does
not include an individual who has made a refusal.
(22) 'Reasonably available' means able to be contacted by a
procurement organization without undue effort and willing and
able to act in a timely manner consistent with existing medical
criteria necessary for the making of an anatomical gift.
(23) 'Recipient' means an individual into whose body a
decedent's body part has been or is intended to be transplanted.
(24) 'Record' means information that is inscribed on a tangible
medium or that is stored in an electronic or other medium and is
retrievable in perceivable form.
(25) 'Refusal' means a record that expressly states an intent
to prohibit other persons from making an anatomical gift of an
individual's body or body part.
(26) 'Sign' means, with the present intent to authenticate or
adopt a record:
(a) To execute or adopt a tangible symbol; or
(b) To attach to or logically associate with the record an
electronic symbol, sound or process.
(27) 'State' means a state of the United States, the District
of Columbia, Puerto Rico, the United States Virgin Islands or any
territory or insular possession subject to the jurisdiction of
the United States.
(28) 'Technician' means an individual determined to be
qualified to remove or process body parts by an appropriate
organization that is licensed, accredited or regulated under
federal or state law. The term includes an enucleator.
(29) 'Tissue' means a portion of the human body other than an
organ or an eye. The term does not include blood unless the blood
is donated for the purpose of research or education.
(30) 'Tissue bank' means a person that is licensed, accredited
or regulated under federal or state law to engage in the
recovery, screening, testing, processing, storage or distribution
of tissue.
(31) 'Transplant hospital' means a hospital that furnishes
organ transplants and other medical and surgical specialty
services required for the care of transplant patients. + }
SECTION 3. { + (1) Subject to section 7 of this 2007 Act, a
donor may make an anatomical gift of a donor's body or body part
during the life of the donor for the purpose of transplantation,
therapy, research or education.
(2) An anatomical gift may be made in the manner provided in
section 4 of this 2007 Act by:
(a) The donor, if the donor is an adult or if the donor is a
minor and is:
(A) Emancipated; or
(B) Authorized under ORS 807.280 to apply for an instruction
driver permit because the donor is at least 15 years of age;
(b) An agent of the donor, unless the power of attorney for
health care or other record prohibits the agent from making an
anatomical gift;
(c) A parent of the donor, if the donor is an unemancipated
minor; or
(d) The donor's guardian. + }
SECTION 4. { + (1) A donor may make an anatomical gift:
(a) By a designation on the donor's driver license or
identification card;
(b) In a will;
(c) During a terminal illness or injury of the donor, by any
form of communication addressed to at least two adults, at least
one of whom is a disinterested witness;
(d) By a donor card or other record signed by the donor or
other person making the gift; or
(e) By authorizing that a statement, symbol or designation
indicating that the donor has made an anatomical gift is to be
included on a donor registry.
(2) If the donor or other person authorized to make an
anatomical gift under section 3 of this 2007 Act is physically
unable to sign a record, the record may be signed by another
individual at the direction of the donor or other person and
must:
(a) Be witnessed by at least two adults, at least one of whom
is a disinterested witness, who have signed at the request of the
donor or the other person; and
(b) State that it has been signed and witnessed as provided in
paragraph (a) of this subsection.
(3) Revocation, suspension, expiration or cancellation of a
driver license or identification card upon which an anatomical
gift is indicated does not invalidate the gift.
(4) An anatomical gift made by will takes effect upon the
donor's death whether or not the will is probated. Invalidation
of the will after the donor's death does not invalidate the
gift. + }
SECTION 5. { + (1) Except as provided in section 7 of this
2007 Act, a donor or other person authorized to make an
anatomical gift under section 3 of this 2007 Act may amend or
revoke an anatomical gift by:
(a) A record signed by:
(A) The donor;
(B) The other person; or
(C) Subject to subsection (2) of this section, another
individual acting at the direction of the donor or the other
person if the donor or other person is physically unable to sign;
or
(b) A later-executed document of gift that amends or revokes a
previous anatomical gift or portion of an anatomical gift, either
expressly or by inconsistency.
(2) A record signed pursuant to subsection (1)(a)(C) of this
section must:
(a) Be witnessed by at least two adults, at least one of whom
is a disinterested witness, who have signed at the request of the
donor or the other person; and
(b) State that it has been signed and witnessed as required in
this subsection.
(3) Except as provided in section 7 of this 2007 Act, a donor
or other person authorized to make an anatomical gift under
section 3 of this 2007 Act may revoke an anatomical gift by the
destruction or cancellation of the document of gift, or the
portion of the document of gift used to make the gift, with the
intent to revoke the gift.
(4) A donor may amend or revoke an anatomical gift that was not
made in a will by any form of communication during a terminal
illness or injury addressed to at least two adults, at least one
of whom is a disinterested witness.
(5) A donor who makes an anatomical gift in a will may amend or
revoke the gift in the manner provided for amendment or
revocation of wills or as provided in subsection (3) of this
section. + }
SECTION 6. { + (1) An individual may refuse to make an
anatomical gift of the individual's body or body part by:
(a) A record signed by:
(A) The individual; or
(B) Subject to subsection (2) of this section, another
individual acting at the direction of the individual if the
individual is physically unable to sign;
(b) The individual's will, whether or not the will is admitted
to probate or invalidated after the individual's death; or
(c) Any form of communication made by the individual during the
individual's terminal illness or injury addressed to at least two
adults, at least one of whom is a disinterested witness.
(2) A record signed under subsection (1)(a)(B) of this section
must:
(a) Be witnessed by at least two adults, at least one of whom
is a disinterested witness, who have signed at the request of the
individual; and
(b) State that it has been signed and witnessed as provided in
this subsection.
(3) An individual who has made a refusal may amend or revoke
the refusal:
(a) In the manner provided in subsection (1) of this section
for making a refusal;
(b) By subsequently making an anatomical gift pursuant to
section 4 of this 2007 Act that is inconsistent with the refusal;
or
(c) By destroying or canceling the record evidencing the
refusal, or the portion of the record used to make the refusal,
provided that the destruction or cancellation is done with the
intent to revoke the refusal.
(4) Except as otherwise provided in section 7 (8) of this 2007
Act, in the absence of an express, contrary indication by the
individual set forth in the refusal, an individual's unrevoked
refusal to make an anatomical gift of the individual's body or
body part prohibits all other persons from making an anatomical
gift of the individual's body or body part. + }
SECTION 7. { + (1) Except as otherwise provided in subsection
(7) of this section and subject to subsection (6) of this
section, in the absence of an express, contrary indication by the
donor, a person other than the donor is prohibited from making,
amending or revoking an anatomical gift of a donor's body or body
part if the donor made an anatomical gift of the donor's body or
body part under section 4 of this 2007 Act or an amendment to an
anatomical gift of the donor's body or body part under section 5
of this 2007 Act.
(2) A donor's revocation of an anatomical gift of the donor's
body or body part under section 5 of this 2007 Act is not a
refusal and does not prohibit another person specified in section
3 or 8 of this 2007 Act from making an anatomical gift of the
donor's body or body part under section 4 or 9 of this 2007 Act.
(3) If a person other than the donor makes an unrevoked
anatomical gift of the donor's body or body part under section 4
of this 2007 Act or an amendment to an anatomical gift of the
donor's body or body part under section 5 of this 2007 Act,
another person may not make, amend or revoke the gift of the
donor's body or body part under section 9 of this 2007 Act.
(4) A revocation of an anatomical gift of a donor's body or
body part under section 5 of this 2007 Act by a person other than
the donor does not prohibit another person from making an
anatomical gift of the body or body part under section 4 or 9 of
this 2007 Act.
(5) In the absence of an express, contrary indication by the
donor or other person authorized to make an anatomical gift under
section 3 of this 2007 Act, an anatomical gift of a body part is
neither a refusal to give another body part nor a limitation on
the making of an anatomical gift of another body part at a later
time by the donor or other person.
(6) In the absence of an express, contrary indication by the
donor or other person authorized to make an anatomical gift under
section 3 of this 2007 Act, an anatomical gift of a body part for
one or more of the purposes set forth in section 3 of this 2007
Act is not a limitation on the making of an anatomical gift of
the body part for any of the other purposes by the donor or other
person under section 4 or 9 of this 2007 Act.
(7) If a donor who is an unemancipated minor dies, a parent of
the donor who is reasonably available may revoke or amend an
anatomical gift of the donor's body or body part.
(8) If an unemancipated minor who signed a refusal dies, a
parent of the minor who is reasonably available may revoke the
minor's refusal. + }
SECTION 8. { + (1) Subject to subsections (2) and (3) of this
section and unless prohibited by section 6 or 7 of this 2007 Act,
an anatomical gift of a decedent's body or body part for purpose
of transplantation, therapy, research or education may be made by
any member of the following classes of persons who is reasonably
available, in the following order:
(a) An agent of the decedent at the time of death who could
have made an anatomical gift under section 3 (2)(b) of this 2007
Act immediately before the decedent's death;
(b) The spouse of the decedent;
(c) An adult child of the decedent;
(d) A parent of the decedent;
(e) An adult sibling of the decedent;
(f) An adult grandchild of the decedent;
(g) A grandparent of the decedent;
(h) An adult who exhibited special care and concern for the
decedent;
(i) A guardian of the decedent at the time of death; or
(j) Any other person having the authority to dispose of the
decedent's body.
(2) If there is more than one member of a class listed in
subsection (1) of this section entitled to make an anatomical
gift, an anatomical gift may be made by a member of the class
unless that member or a person to which the gift may pass under
section 10 of this 2007 Act knows of an objection by another
member of the class. If an objection is known, the gift may be
made only by a majority of the members of the class who are
reasonably available.
(3) A person may not make an anatomical gift if, at the time of
the decedent's death, a person in a prior class under subsection
(1) of this section is reasonably available to make or to object
to the making of an anatomical gift. + }
SECTION 9. { + (1) A person authorized to make an anatomical
gift under section 8 of this 2007 Act may make an anatomical gift
by a document of gift signed by the person making the gift or by
that person's oral communication that is electronically recorded
or is contemporaneously reduced to a record and signed by the
individual receiving the oral communication.
(2) Subject to subsection (3) of this section, an anatomical
gift by a person authorized under section 8 of this 2007 Act may
be amended or revoked orally or in a record by any member of a
prior class who is reasonably available. If more than one member
of the prior class is reasonably available, the gift made by a
person authorized under section 8 of this 2007 Act may be:
(a) Amended only if a majority of the reasonably available
members agree to amendment of the gift; or
(b) Revoked only if a majority of the reasonably available
members agree to the revocation of the gift or if they are
equally divided as to whether to revoke the gift.
(3) A revocation under subsection (2) of this section is
effective only if, before an incision has been made to remove a
body part from the donor's body or before invasive procedures
have begun to prepare the recipient, the procurement
organization, transplant hospital, physician or technician knows
of the revocation. + }
SECTION 10. { + (1) An anatomical gift may be made to the
following persons named in the document of gift:
(a) A hospital, accredited medical school, dental school,
college, university, organ procurement organization or other
appropriate person, for research or education;
(b) Subject to subsection (2) of this section, an individual
designated by the person making the anatomical gift if the
individual is the recipient of the body part; or
(c) An eye bank or tissue bank.
(2) If an anatomical gift to an individual under subsection
(1)(b) of this section cannot be transplanted into the
individual, the body part passes in accordance with subsection
(7) of this section in the absence of an express, contrary
indication by the person making the anatomical gift.
(3) If an anatomical gift of one or more specific body parts or
of all body parts is made in a document of gift that does not
name a person described in subsection (1) of this section but
identifies the purpose for which an anatomical gift may be used,
the following rules apply:
(a) If the body part is an eye and the gift is for the purpose
of transplantation or therapy, the gift passes to the appropriate
eye bank.
(b) If the body part is tissue and the gift is for the purpose
of transplantation or therapy, the gift passes to the appropriate
tissue bank.
(c) If the body part is an organ and the gift is for the
purpose of transplantation or therapy, the gift passes to the
appropriate organ procurement organization as custodian of the
organ.
(d) If the body part is an organ, an eye or tissue and the gift
is for the purpose of research or education, the gift passes to
the appropriate procurement organization.
(4) For the purposes of subsection (3) of this section, if
there is more than one purpose of an anatomical gift set forth in
the document of gift but the purposes are not set forth in any
priority, the gift must be used for transplantation or therapy,
if suitable. If the gift cannot be used for transplantation or
therapy, the gift may be used for research or education.
(5) If an anatomical gift of one or more specific body parts is
made in a document of gift that does not name a person described
in subsection (1) of this section and does not identify the
purpose of the gift, the gift may be used only for
transplantation or therapy, and the gift passes in accordance
with subsection (7) of this section.
(6) If a document of gift specifies only a general intent to
make an anatomical gift by words such as 'donor,' 'organ donor'
or 'body donor' or by a symbol or statement of similar import,
the gift may be used only for transplantation or therapy, and the
gift passes in accordance with subsection (7) of this section.
(7) For purposes of subsections (2), (5) and (6) of this
section, the following rules apply:
(a) If the body part is an eye, the gift passes to the
appropriate eye bank.
(b) If the body part is tissue, the gift passes to the
appropriate tissue bank.
(c) If the body part is an organ, the gift passes to the
appropriate organ procurement organization as custodian of the
organ.
(8) An anatomical gift of an organ for transplantation or
therapy, other than an anatomical gift under subsection (1)(b) of
this section, passes to the organ procurement organization as
custodian of the organ.
(9) If an anatomical gift does not pass pursuant to subsections
(1) to (8) of this section or the decedent's body or body part is
not used for transplantation, therapy, research or education,
custody of the body or body part passes to the person under
obligation to dispose of the body or body part.
(10) A person may not accept an anatomical gift if the person
knows that the gift was not effectively made under section 4 or 9
of this 2007 Act or if the person knows that the decedent made a
refusal under section 6 of this 2007 Act that was not revoked.
For purposes of this subsection, if a person knows that an
anatomical gift was made on a document of gift, the person is
deemed to know of any amendment or revocation of the gift or any
refusal to make an anatomical gift on the same document of gift.
(11) Except as otherwise provided in subsection (1)(b) of this
section, sections 1 to 22 of this 2007 Act do not affect the
allocation of organs for transplantation or therapy. + }
SECTION 11. { + (1) The following persons shall make a
reasonable search of an individual who the persons reasonably
believe is dead or near death for a document of gift or other
information identifying the individual as a donor or as an
individual who made a refusal:
(a) A law enforcement officer, firefighter, paramedic or other
emergency rescuer finding the individual; and
(b) If no other source of the information is immediately
available, a hospital, as soon as practicable after the
individual's arrival at the hospital.
(2) If a document of gift or a refusal to make an anatomical
gift is located by the search required by subsection (1)(a) of
this section and the individual or deceased individual to whom it
relates is taken to a hospital, the person responsible for
conducting the search shall send the document of gift or the
refusal to the hospital.
(3) A person is not subject to criminal or civil liability for
failing to discharge the duties imposed by this section but may
be subject to administrative sanctions. + }
SECTION 12. { + (1) A document of gift need not be delivered
during the donor's lifetime to be effective.
(2) Upon or after an individual's death, a person in possession
of a document of gift or a refusal to make an anatomical gift
with respect to the individual shall allow examination and
copying of the document of gift or the refusal by a person
authorized to make or object to the making of an anatomical gift
with respect to the individual or by a person to whom the gift
could pass under section 10 of this 2007 Act. + }
SECTION 13. { + (1) When a hospital refers an individual at or
near death to a procurement organization, the organization shall
make a reasonable search of the records of the Department of
Transportation and any donor registry that it knows exists for
the geographical area in which the individual resides to
ascertain whether the individual has made an anatomical gift.
(2) A procurement organization must be allowed reasonable
access to information in the records of the Department of
Transportation to ascertain whether an individual at or near
death is a donor.
(3) When a hospital refers an individual at or near death to a
procurement organization, the organization may conduct any
reasonable examination necessary to ensure the medical
suitability of a body part that is or could be the subject of an
anatomical gift for transplantation, therapy, research or
education from a donor or a prospective donor. During the
examination period, measures necessary to ensure the medical
suitability of the body part may not be withdrawn unless the
hospital or procurement organization knows that the individual
expressed a contrary intent.
(4) Unless otherwise prohibited by law, at any time after a
donor's death, the person to whom a body part passes under
section 10 of this 2007 Act may conduct any reasonable
examination necessary to ensure the medical suitability of the
body or body part for its intended purpose.
(5) Unless otherwise prohibited by law, an examination under
subsection (3) or (4) of this section may include an examination
of all medical and dental records of the donor or prospective
donor.
(6) Upon the death of a minor who was a donor or had signed a
refusal, unless a procurement organization knows the minor is
emancipated, the procurement organization shall conduct a
reasonable search for the parents of the minor and provide the
parents with an opportunity to revoke or amend the anatomical
gift or revoke the refusal.
(7) Upon referral by a hospital under subsection (1) of this
section, a procurement organization shall make a reasonable
search for any person listed in section 8 of this 2007 Act having
priority to make an anatomical gift on behalf of a prospective
donor. If a procurement organization receives information that an
anatomical gift to any other person was made, amended or revoked,
it shall promptly advise the other person of all relevant
information.
(8) Subject to sections 10 (9) and 20 of this 2007 Act, the
rights of the person to whom a body part passes under section 10
of this 2007 Act are superior to the rights of all others with
respect to the body part. The person may accept or reject an
anatomical gift in whole or in part. Subject to the terms of the
document of gift and sections 1 to 22 of this 2007 Act, a person
who accepts an anatomical gift of an entire body may allow
embalming, burial or cremation and use of remains in a funeral
service. If the gift is of a body part, the person to whom the
body part passes under section 10 of this 2007 Act, upon the
death of the donor and before embalming, burial or cremation,
shall cause the body part to be removed without unnecessary
mutilation.
(9) Neither the physician who attends the decedent at death nor
the physician who determines the time of the decedent's death may
participate in the procedures for removing or transplanting a
body part from the decedent.
(10) A physician or technician may remove from the body of a
donor a donated body part that the physician or technician is
qualified to remove. + }
SECTION 14. { + Each hospital in this state shall enter into
agreements or affiliations with procurement organizations for
coordination of procurement and use of anatomical gifts. + }
SECTION 15. { + (1) A person who acts in accordance with
sections 1 to 22 of this 2007 Act or with the applicable
anatomical gift law of another state, or attempts in good faith
to do so, is not liable for the act in a civil action, criminal
prosecution or administrative proceeding.
(2) Neither the person making an anatomical gift nor the
donor's estate is liable for any injury or damage that results
from the making or use of the gift.
(3) In determining whether an anatomical gift has been made,
amended or revoked under sections 1 to 22 of this 2007 Act, a
person may rely upon representations of an individual listed in
section 8 (1)(b), (c), (d), (e), (f), (g) or (h) of this 2007 Act
relating to the individual's relationship to the donor or
prospective donor unless the person knows that the representation
is untrue. + }
SECTION 16. { + (1) A document of gift is valid if executed in
accordance with:
(a) Sections 1 to 22 of this 2007 Act;
(b) The laws of the state or country where it was executed; or
(c) The laws of the state or country where the person making
the anatomical gift was domiciled, had a place of residence or
was a national at the time the document of gift was executed.
(2) If a document of gift is valid under this section, the law
of this state governs the interpretation of the document of gift.
(3) A person may presume that a document of gift or amendment
of an anatomical gift is valid unless that person knows that it
was not validly executed or was revoked. + }
SECTION 17. { + (1) The Department of Human Services may
establish or contract for the establishment of a donor registry.
(2) The Department of Transportation shall cooperate with a
person who administers any donor registry that this state
establishes, contracts for or recognizes for the purpose of
transferring to the donor registry all relevant information
regarding a donor's making, amending or revoking an anatomical
gift.
(3) A donor registry must:
(a) Allow a donor or other person authorized under section 3 of
this 2007 Act to include on the donor registry a statement or
symbol that the donor has made, amended or revoked an anatomical
gift;
(b) Be accessible to a procurement organization to allow the
procurement organization to obtain relevant information on the
donor registry to determine, at or near death of the donor or a
prospective donor, whether the donor or prospective donor has
made, amended or revoked an anatomical gift; and
(c) Be accessible for purposes of this subsection seven days a
week on a 24-hour basis.
(4) Personally identifiable information on a donor registry
about a donor or prospective donor may not be used or disclosed
without the express consent of the donor, prospective donor or
person who made the anatomical gift for any purpose other than to
determine, at or near death of the donor or prospective donor,
whether the donor or prospective donor has made, amended or
revoked an anatomical gift.
(5) This section does not prohibit any person from creating or
maintaining a donor registry that is not established by or under
contract with the state. Any such registry must comply with
subsections (3) and (4) of this section. + }
SECTION 18. { + (1) As used in this section:
(a) 'Advance directive' has the meaning given that term in ORS
127.505.
(b) 'Declaration' means a record signed by a prospective donor
specifying the circumstances under which a life support system
may be withheld or withdrawn from the prospective donor.
(2) If a prospective donor has a declaration or advance
directive, measures necessary to ensure the medical suitability
of an organ for transplantation or therapy may not be withheld or
withdrawn from the prospective donor, unless the declaration or
advance directive expressly provides to the contrary. + }
SECTION 19. { + (1) A medical examiner shall cooperate with
procurement organizations to maximize the opportunity to recover
anatomical gifts for the purpose of transplantation, therapy,
research or education.
(2) If a medical examiner receives notice from a procurement
organization that an anatomical gift might be available or was
made with respect to a decedent whose body is under the
jurisdiction of the medical examiner and a post-mortem
examination is going to be performed, unless the medical examiner
denies recovery in accordance with section 20 of this 2007 Act,
the medical examiner or designee shall conduct a post-mortem
examination of the body or the body part in a manner and within a
period compatible with its preservation for the purposes of the
gift.
(3) A body part may not be removed from the body of a decedent
under the jurisdiction of a medical examiner for transplantation,
therapy, research or education unless the body part is the
subject of an anatomical gift. The body of a decedent under the
jurisdiction of the medical examiner may not be delivered to a
person for research or education unless the body is the subject
of an anatomical gift. This subsection does not preclude a
medical examiner from performing the medicolegal investigation
upon the body or body parts of a decedent under the jurisdiction
of the medical examiner. + }
SECTION 20. { + (1) Upon request of a procurement
organization, a medical examiner shall release to the procurement
organization the name, contact information and available medical
and social history of a decedent whose body is under the
jurisdiction of the medical examiner. If the decedent's body or
body part is medically suitable for transplantation, therapy,
research or education, the medical examiner shall release
post-mortem examination results to the procurement organization.
The procurement organization may make a subsequent disclosure of
the post-mortem examination results or other information received
from the medical examiner only if relevant to transplantation or
therapy.
(2) The medical examiner may conduct a medicolegal examination
by reviewing all medical records, laboratory test results,
X-rays, other diagnostic results and other information that any
person possesses about a donor or prospective donor whose body is
under the jurisdiction of the medical examiner that the medical
examiner determines may be relevant to the investigation.
(3) A person who has any information requested by a medical
examiner pursuant to subsection (2) of this section shall provide
that information as expeditiously as possible to allow the
medical examiner to conduct the medicolegal investigation within
a period compatible with the preservation of body parts for the
purpose of transplantation, therapy, research or education.
(4) If an anatomical gift has been or might be made of a body
part of a decedent whose body is under the jurisdiction of the
medical examiner and a post-mortem examination is not required,
or the medical examiner determines that a post-mortem examination
is required but that the recovery of the body part that is the
subject of an anatomical gift will not interfere with the
examination, the medical examiner and procurement organization
shall cooperate in the timely removal of the body part from the
decedent for the purpose of transplantation, therapy, research or
education.
(5) If an anatomical gift of a body part from the decedent
under the jurisdiction of the medical examiner has been or might
be made, but the medical examiner initially believes that the
recovery of the body part could interfere with the post-mortem
investigation into the decedent's cause or manner of death, the
medical examiner shall consult with the procurement organization,
or physician or technician designated by the procurement
organization, about the proposed recovery. After consultation,
the medical examiner may allow the recovery.
(6) Following the consultation under subsection (5) of this
section, in the absence of mutually agreed-upon protocols to
resolve conflict between the medical examiner and the procurement
organization, if the medical examiner intends to deny recovery,
the medical examiner or designee, at the request of the
procurement organization, shall attend the removal procedure for
the body part before making a final determination not to allow
the procurement organization to recover the body part. During the
removal procedure, the medical examiner or designee may allow
recovery by the procurement organization to proceed, or, if the
medical examiner or designee reasonably believes that the body
part may be involved in determining the decedent's cause or
manner of death, deny recovery by the procurement organization.
(7) If the medical examiner or designee denies recovery under
subsection (6) of this section, the medical examiner or designee
shall:
(a) Explain in a record the specific reasons for not allowing
recovery of the body part;
(b) Include the specific reasons in the records of the medical
examiner; and
(c) Provide a record with the specific reasons to the
procurement organization.
(8) If the medical examiner or designee allows recovery of a
body part under subsections (4), (5) or (6) of this section, the
procurement organization, upon request, shall cause the physician
or technician who removes the body part to provide the medical
examiner with a record describing the condition of the body part,
a biopsy, a photograph and any other information and observations
that would assist in the post-mortem examination.
(9) If a medical examiner or designee is required to be present
at a removal procedure under subsection (6) of this section, upon
request the procurement organization requesting the recovery of
the body part shall reimburse the medical examiner or designee
for the additional costs incurred in complying with subsection
(6) of this section. + }
SECTION 21. { + (1) Except as otherwise provided in subsection
(3) of this section, a person commits the crime of purchase or
sale of a body part for transplantation or therapy if the person,
for valuable consideration, knowingly purchases or sells a body
part for transplantation or therapy if removal of the body part
from an individual is intended to occur after the individual's
death.
(2) Purchase or sale of a body part for transplantation or
therapy is a Class C felony.
(3) A person may charge a reasonable amount for the removal,
processing, preservation, quality control, storage,
transportation, implantation or disposal of a body part. + }
SECTION 22. { + (1) A person commits the crime of alteration
of a document of gift if the person, in order to obtain a
financial gain, intentionally falsifies, forges, conceals,
defaces or obliterates a document of gift, an amendment or
revocation of a document of gift or a refusal.
(2) Alteration of a document of gift is a Class C felony. + }
SECTION 23. { + The provisions of sections 1 to 22 of this
2007 Act modify, limit and supersede the Electronic Signatures in
Global and National Commerce Act, 15 U.S.C. 7001 et seq., but do
not modify, limit or supersede section 101(a) of the + } { +
Electronic Signatures in Global and National Commerce + } { +
Act, 15 U.S.C. 7001, or authorize electronic delivery of any of
the notices described in section 103(b) of the + } { +
Electronic Signatures in Global and National Commerce + } { +
Act, 15 U.S.C. 7003(b) as in effect January 1, 2008. + }
SECTION 24. ORS 97.130 is amended to read:
97.130. (1) Any individual of sound mind who is 18 years of age
or older, by completion of a written signed instrument or by
preparing or prearranging with any funeral service practitioner
licensed under ORS chapter 692, may direct any lawful manner of
disposition of the individual's remains. Except as provided under
subsection (6) of this section, disposition directions or
disposition prearrangements that are prepaid or that are filed
with a funeral service practitioner licensed under ORS chapter
692 shall not be subject to cancellation or substantial revision.
(2) A person within the first applicable listed class among the
following listed classes that is available at the time of death
or, in the absence of actual notice of a contrary direction by
the decedent as described under subsection (1) of this section or
actual notice of opposition by completion of a written instrument
by a member of the same class or a member of a prior class, may
direct any lawful manner of disposition of a decedent's remains
by completion of a written instrument:
(a) The spouse of the decedent.
(b) A son or daughter of the decedent 18 years of age or older.
(c) Either parent of the decedent.
(d) A brother or sister of the decedent 18 years of age or
older.
(e) A guardian of the decedent at the time of death.
(f) A person in the next degree of kindred to the decedent.
(g) The personal representative of the estate of the decedent.
(h) The person nominated as the personal representative of the
decedent in the decedent's last will.
(i) A public health officer.
(3) The decedent or any person authorized in subsection (2) of
this section to direct the manner of disposition of the
decedent's remains may delegate such authority to any person 18
years of age or older. Such delegation shall be made by
completion of the written instrument described in subsection (7)
of this section. The person to whom the authority is delegated
shall have the same authority under subsection (2) of this
section as the person delegating the authority.
(4) If a decedent or the decedent's designee issues more than
one authorization or direction for the disposal of the decedent's
remains, only the most recent authorization or direction shall be
binding.
(5) A donation of anatomical gifts under { - ORS 97.952 or
97.954 - } { + sections 1 to 22 of this 2007 Act + } shall take
priority over directions for the disposition of a decedent's
remains under this section only if the person making the donation
is of a priority under subsection (1) or (2) of this section the
same as or higher than the priority of the person directing the
disposition of the remains.
(6) If the decedent directs a disposition under subsection (1)
of this section and those financially responsible for the
disposition are without sufficient funds to pay for such
disposition or the estate of the decedent has insufficient funds
to pay for the disposition, or if the direction is unlawful, the
direction shall be void and disposition shall be in accordance
with the direction provided by those persons given priority in
subsection (2) of this section and who agree to be financially
responsible.
(7) The signature of the individual shall be required for the
completion of the written instrument required in subsection (3)
of this section. The following form or a form substantially
similar shall be used by all individuals:
_________________________________________________________________
APPOINTMENT OF PERSON
TO MAKE DECISIONS
CONCERNING DISPOSITION
OF REMAINS
I, ____________, appoint ____________, whose address is
__________ and whose telephone number is (__) ______, as the
person to make all decisions regarding the disposition of my
remains upon my death for my burial or cremation. In the event
________ is unable to act, I appoint ________, whose address is
____________ and whose telephone number is (__) ______, as my
alternate person to make all decisions regarding the disposition
of my remains upon my death for my burial or cremation.
It is my intent that this Appointment of Person to Make
Decisions Concerning Disposition of Remains act as and be
accepted as the written authorization presently required by ORS
97.130 (or its corresponding future provisions) or any other
provision of Oregon Law, authorizing me to name a person to have
authority to dispose of my remains.
DATED this __ day of ____, ___.
____________
(Signature)
DECLARATION OF WITNESSES
We declare that ________ is personally known to us, that he/she
signed this Appointment of Person to Make Decisions Concerning
Disposition of Remains in our presence, that he/she appeared to
be of sound mind and not acting under duress, fraud or undue
influence, and that neither of us is the person so appointed by
this document.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Witnessed By:
__________
Date: ___
Witnessed By:
__________
Date: ___
_________________________________________________________________
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
(8) Subject to the provisions of { - ORS 97.950 to 97.964 - }
{ + sections 1 to 22 of this 2007 Act + }, if disposition of the
remains of a decedent has not been directed and authorized under
this section within 10 days after the date of the death of the
decedent, a public health officer may direct and authorize
disposition of the remains.
SECTION 25. ORS 114.305 is amended to read:
114.305. Subject to the provisions of ORS 97.130 (2) and except
as restricted or otherwise provided by the will of the decedent,
a document of anatomical gift under { - ORS 97.952 - }
{ + section 8 of this 2007 Act + } or by court order, a personal
representative, acting reasonably for the benefit of interested
persons, is authorized to:
(1) Direct and authorize disposition of the remains of the
decedent pursuant to ORS 97.130 and incur expenses for the
funeral, burial or other disposition of the remains in a manner
suitable to the condition in life of the decedent. Only those
funeral expenses necessary for a plain and decent funeral and
disposition of the remains of the decedent may be paid from the
estate if the assets are insufficient to pay the claims of the
Department of Human Services for the net amount of public
assistance, as defined in ORS 411.010, paid to or for the
decedent and for care and maintenance of any decedent who was at
a state institution to the extent provided in ORS 179.610 to
179.770.
(2) Retain assets owned by the decedent pending distribution or
liquidation.
(3) Receive assets from fiduciaries or other sources.
(4) Complete, compromise or refuse performance of contracts of
the decedent that continue as obligations of the estate, as the
personal representative may determine under the circumstances. In
performing enforceable contracts by the decedent to convey or
lease real property, the personal representative, among other
courses of action, may:
(a) Execute and deliver a deed upon satisfaction of any sum
remaining unpaid or upon receipt of the note of the purchaser
adequately secured; or
(b) Deliver a deed in escrow with directions that the proceeds,
when paid in accordance with the escrow agreement, be paid to the
successors of the decedent, as designated in the escrow
agreement.
(5) Satisfy written pledges of the decedent for contributions,
whether or not the pledges constituted binding obligations of the
decedent or were properly presented as claims.
(6) Deposit funds not needed to meet currently payable debts
and expenses, and not immediately distributable, in bank or
savings and loan association accounts, or invest the funds in
bank or savings and loan association certificates of deposit, or
federally regulated money-market funds and short-term investment
funds suitable for investment by trustees under ORS 130.750 to
130.775, or short-term United States Government obligations.
(7) Abandon burdensome property when it is valueless, or is so
encumbered or is in a condition that it is of no benefit to the
estate.
(8) Vote stocks or other securities in person or by general or
limited proxy.
(9) Pay calls, assessments and other sums chargeable or
accruing against or on account of securities.
(10) Sell or exercise stock subscription or conversion rights.
(11) Consent, directly or through a committee or other agent,
to the reorganization, consolidation, merger, dissolution or
liquidation of a corporation or other business enterprise.
(12) Hold a security in the name of a nominee or in other form
without disclosure of the interest of the estate, but the
personal representative is liable for any act of the nominee in
connection with the security so held.
(13) Insure the assets of the estate against damage and loss,
and insure the personal representative against liability to third
persons.
(14) Advance or borrow money with or without security.
(15) Compromise, extend, renew or otherwise modify an
obligation owing to the estate. A personal representative who
holds a mortgage, pledge, lien or other security interest may
accept a conveyance or transfer of the encumbered asset in lieu
of foreclosure in full or partial satisfaction of the
indebtedness.
(16) Accept other real property in part payment of the purchase
price of real property sold by the personal representative.
(17) Pay taxes, assessments and expenses incident to the
administration of the estate.
(18) Employ qualified persons, including attorneys, accountants
and investment advisers, to advise and assist the personal
representative and to perform acts of administration, whether or
not discretionary, on behalf of the personal representative.
(19) Prosecute or defend actions, claims or proceedings in any
jurisdiction for the protection of the estate and of the personal
representative in the performance of duties as personal
representative.
(20) Prosecute claims of the decedent including those for
personal injury or wrongful death.
(21) Continue any business or venture in which the decedent was
engaged at the time of death to preserve the value of the
business or venture.
(22) Incorporate or otherwise change the business form of any
business or venture in which the decedent was engaged at the time
of death.
(23) Discontinue and wind up any business or venture in which
the decedent was engaged at the time of death.
(24) Provide for exoneration of the personal representative
from personal liability in any contract entered into on behalf of
the estate.
(25) Satisfy and settle claims and distribute the estate as
provided in ORS chapters 111, 112, 113, 114, 115, 116 and 117.
(26) Perform all other acts required or permitted by law or by
the will of the decedent.
SECTION 26. ORS 125.230 is amended to read:
125.230. (1) Except as provided in subsection (3) of this
section, a fiduciary's authority terminates upon the death,
resignation or removal of the fiduciary or upon the protected
person's death. If the fiduciary is a guardian appointed solely
by reason of the minority of the protected person, the
fiduciary's authority terminates upon the protected person
attaining 18 years of age.
(2) Resignation or removal of a fiduciary does not discharge
the fiduciary until a final report or accounting has been
approved by the court, any surety exonerated and the fiduciary
discharged by order of the court.
(3) A guardian retains the authority to direct disposition of
the remains of a deceased protected person if the guardian is
unaware of any contact during the 12-month period immediately
preceding the death of the protected person between the protected
person and any person with priority over the fiduciary to control
disposition of the remains under ORS 97.130 or to make an
anatomical gift under { - ORS 97.954 - } { + section 8 of
this 2007 Act + }.
SECTION 27. ORS 125.315 is amended to read:
125.315. (1) A guardian has the following powers and duties:
(a) Except to the extent of any limitation under the order of
appointment, the guardian has custody of the protected person and
may establish the protected person's place of abode within or
without this state.
(b) The guardian shall provide for the care, comfort and
maintenance of the protected person and, whenever appropriate,
shall arrange for training and education of the protected person.
Without regard to custodial rights of the protected person, the
guardian shall take reasonable care of the person's clothing,
furniture and other personal effects unless a conservator has
been appointed for the protected person.
(c) Subject to the provisions of ORS 127.505 to 127.660, the
guardian may consent, refuse consent or withhold or withdraw
consent to health care, as defined in ORS 127.505, for the
protected person. A guardian is not liable solely by reason of
consent under this paragraph for any injury to the protected
person resulting from the negligence or acts of third persons.
(d) The guardian may:
(A) Make advance funeral and burial arrangements;
(B) Subject to the provisions of ORS 97.130, control the
disposition of the remains of the protected person; and
(C) Subject to the provisions of { - ORS 97.954 (1) - }
{ + section 8 of this 2007 Act + }, make an anatomical gift of
all or any part of the body of the protected person.
(e) The guardian of a minor has the powers and responsibilities
of a parent who has legal custody of a child, except that the
guardian has no obligation to support the minor beyond the
support that can be provided from the estate of the minor, and
the guardian is not liable for the torts of the minor. The
guardian may consent to the marriage or adoption of a protected
person who is a minor.
(f) Subject to the provisions of ORS 125.320 (2), the guardian
may receive money and personal property deliverable to the
protected person and apply the money and property for support,
care and education of the protected person. The guardian shall
exercise care to conserve any excess for the protected person's
needs.
(2) If a conservator has been appointed for the protected
person, the guardian may file a motion with the court seeking an
order of the court on the duties of the conservator relating to
payment of support for the protected person.
SECTION 28. ORS 127.510 is amended to read:
127.510. (1) A capable adult may designate in writing a
competent adult to serve as attorney-in-fact for health care. A
capable adult may also designate a competent adult to serve as
alternative attorney-in-fact if the original designee is
unavailable, unable or unwilling to serve as attorney-in-fact at
any time after the power of attorney for health care is executed.
The power of attorney for health care is effective when it is
signed, witnessed and accepted as required by ORS 127.505 to
127.660 and 127.995. The attorney-in-fact so appointed shall make
health care decisions on behalf of the principal if the principal
becomes incapable.
(2) A capable adult may execute a health care instruction. The
instruction shall be effective when it is signed and witnessed as
required by ORS 127.505 to 127.660 and 127.995.
(3) Unless the period of time that an advance directive is to
be effective is limited by the terms of the advance directive,
the advance directive shall continue in effect until:
(a) The principal dies; or
(b) The advance directive is revoked, suspended or superseded
pursuant to ORS 127.545.
(4) Notwithstanding subsection (3) of this section, if the
principal is incapable at the expiration of the term of the
advance directive, the advance directive continues in effect
until:
(a) The principal is no longer incapable;
(b) The principal dies; or
(c) The advance directive is revoked, suspended or superseded
pursuant to the provisions of ORS 127.545.
(5) A health care provider shall make a copy of an advance
directive and any other instrument a part of the principal's
medical record when a copy of that instrument is provided to the
principal's health care provider.
(6) Notwithstanding subsections (3) and (4) of this section, an
anatomical gift, as defined in { - ORS 97.950 - } { + section
2 of this 2007 Act + }, made on an advance directive is
effective.
SECTION 29. ORS 802.179 is amended to read:
802.179. (1) The Department of Transportation, upon request or
as required by law, shall disclose personal information from a
motor vehicle record to a government agency for use in carrying
out its governmental functions.
(2) The department shall disclose personal information from a
motor vehicle record for use in connection with matters of motor
vehicle or driver safety and theft, motor vehicle emissions,
motor vehicle product alterations, recalls or advisories,
performance monitoring of motor vehicles and dealers by motor
vehicle manufacturers, and removal of nonowner records from the
original owner records of motor vehicle manufacturers to carry
out the purposes of any of the following federal Acts:
(a) The Automobile Information Disclosure Act.
(b) The Motor Vehicle Information and Cost Saving Act.
(c) The National Traffic and Motor Vehicle Safety Act of 1966.
(d) The Anti-Car Theft Act of 1992.
(e) The Clean Air Act.
(3)(a) If the department determines that a business is a
legitimate business, the department shall disclose personal
information to the business for use in the normal course of
business in:
(A) Verifying the accuracy of personal information submitted to
the business; or
(B) Correcting personal information submitted to the business,
but only in order to:
(i) Prevent fraud;
(ii) Pursue legal remedies against the individual who submitted
the personal information; or
(iii) Recover a debt from, or satisfy a security interest
against, the individual.
(b) The department shall adopt rules specifying the kind of
information that the department will accept as evidence that a
business is a legitimate business.
(4) The department shall disclose personal information to:
(a) An attorney, a financial institution as defined in ORS
chapter 706 or a collection agency registered under ORS 697.031
for use in connection with a civil, criminal, administrative or
arbitration proceeding in any court, government agency or
self-regulatory body. Permissible uses of personal information
under this paragraph include, but are not limited to, service of
process, investigation in anticipation of litigation and the
execution and enforcement of judgments and orders.
(b) A process server acting as an agent for an individual for
use in serving documents in connection with an existing civil,
criminal, administrative or arbitration proceeding, or a
judgment, in any court, government agency or self-regulatory
body. Nothing in this paragraph limits the activities of a
process server when acting as an agent for an attorney,
collection agency or like person or for a government agency.
(5) The department shall disclose personal information other
than names to a researcher for use in researching health and
educational questions and providing statistical reports, as long
as the personal information is not published, redisclosed or used
to contact individuals. The department may disclose information
under this subsection only for research sponsored by an
educational institution or a health research institution.
(6) The department shall disclose personal information to an
insurer, an insurance support organization or a self-insured
entity in connection with claims investigation activities,
antifraud activities, underwriting or rating.
(7) The department shall disclose personal information
regarding ownership or other financial interests in a vehicle to
a person who is required by the state or federal Constitution, a
statute or an ordinance to give notice to another person
concerning the vehicle. Personal information disclosed under this
subsection may be used only for giving the required notice.
Persons authorized to receive personal information under this
subsection include, but are not limited to:
(a) Tow companies;
(b) Persons who have or are entitled to have liens on the
vehicle; and
(c) Persons taking an action that could affect ownership rights
to the vehicle.
(8) The department shall disclose personal information to any
private security professional certified under ORS 181.878, to be
used for the purpose of determining ownership of vehicles parked
in a place over which the private security professional, acting
within the scope of the professional's employment, exercises
control.
(9) The department shall disclose personal information to the
employer of an individual who holds a commercial driver license,
or the insurer of the employer, to obtain or verify information
about the holder of the commercial driver license.
(10) The department shall disclose personal information to the
operator of a private toll facility for use in collecting tolls.
(11) The department may not disclose personal information for
bulk distributors of surveys, marketing materials or
solicitations except as provided in this subsection. The
department shall implement methods and procedures to ensure:
(a) That individuals are offered an opportunity to request that
personal information about themselves be disclosed to bulk
distributors; and
(b) That the personal information provided by the department
will be used, rented or sold solely for bulk distribution of
surveys, marketing materials and solicitations.
(12) The department shall disclose personal information to a
person who requests the information if the requester provides the
department with written permission from the individual whose
personal information is requested. The written permission from
the individual must be notarized.
(13) The department shall disclose personal information to a
person who is in the business of disseminating such information
under the following conditions:
(a) In addition to any other requirements under the contract
executed pursuant to paragraph (b) of this subsection, the person
requesting the information must file a performance bond with the
department in the amount of $25,000. The bond must be executed in
favor of the State of Oregon and its form is subject to approval
by the Attorney General.
(b) The disseminator shall enter into a contract with the
department. A contract under this paragraph shall contain at
least the following provisions:
(A) That the disseminator will not reproduce or distribute the
personal information in bulk but only in response to an
individual record inquiry.
(B) That the disseminator will provide the personal information
only to a person or government agency authorized to receive the
information under this section and only if the person or
government agency has been authorized by the department to
receive the information.
(C) That the disseminator will have a method of ensuring that
the disseminator can delay for a period of up to two days the
giving of personal information to a requester who is not a
subscriber.
(14) The department shall disclose personal information to
representatives of the news media for the gathering or
dissemination of information related to the operation of a motor
vehicle or to public safety.
(15) The department shall disclose personal information as
provided in ORS 802.220 (5).
(16) The department shall adopt rules providing for the release
of personal information from motor vehicle records to a person
who has a financial interest in the vehicle. Rules adopted under
this subsection may include, but need not be limited to, rules
establishing procedures for the department to verify the
financial interest of the person making the request for personal
information.
(17) The department shall adopt rules providing for the release
of personal information from motor vehicle records to a person
who is injured by the unsafe operation of a vehicle or who owns
property that is damaged because of the unsafe operation of a
vehicle.
(18) The department shall disclose personal information to a
private investigator licensed by any licensing authority within
the State of Oregon, to be used for any purpose permitted any
person under this section. A licensed private investigator
requesting information must prove to the department that the
person has a corporate surety bond, an irrevocable letter of
credit issued by an insured institution as defined in ORS 706.008
or such other security as the Department of Public Safety
Standards and Training may prescribe by rule in the minimum
amount of $5,000 or errors and omissions insurance in the minimum
amount of $5,000.
(19) The department shall disclose personal information to a
procurement organization as defined in { - ORS 97.950 - }
{ + section 2 of this 2007 Act + } for the purpose of
facilitating the making of anatomical gifts under the provisions
of { - 97.952 - } { + section 3 of this 2007 Act + }.
SECTION 30. ORS 97.966 is amended to read:
97.966. A person named executor who carries out { - the - }
{ + an anatomical + } gift of the testator made under the
provisions of { - ORS 97.950 to 97.964 - } { + section 4 of
this 2007 Act + } before issuance of letters testamentary or
under a will which is not admitted to probate shall not be liable
to the surviving spouse or next of kin for performing acts
necessary to carry out the gift of the testator.
SECTION 31. { + ORS 97.950, 97.952, 97.954, 97.956, 97.958,
97.960, 97.962 and 97.964 are repealed. + }
SECTION 32. { + (1) Sections 1 to 23 of this 2007 Act and the
amendments to statutes by sections 24 to 30 of this 2007 Act
apply to documents of gifts and amendments to, revocations of and
refusals of documents of gifts made on or after the effective
date of this 2007 Act.
(2) Sections 1 to 23 of this 2007 Act and the amendments to
statutes by sections 24 to 30 of this 2007 Act do not apply to or
affect any action or document relating to an anatomical gift made
before the effective date of this 2007 Act. + }
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