BP BHEAD INT S

AN ACT Relating to anatomical gifts; and amending RCW 46.20.113, 68.50.540, and 68.50.570.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 46.20.113 and 1993 c 228 s 18 are each amended to read as follows:

(1) The department of licensing shall provide a statement whereby the licensee may certify his or her willingness to make an anatomical gift under RCW 68.50.540, as now or hereafter amended. The department shall provide the statement in at least one of the following ways:

((~~(1)~~)) (a) On each driver's license; or

((~~(2)~~)) (b) With each driver's license; or

((~~(3)~~)) (c) With each in-person driver's license application.

(2) The statement must include two provisions which allow the licensee to choose between one of the following:

(a) Whether the licensee wishes for his or her anatomical gift to go to any person in need of an anatomical gift, without limitation; or

(b) Whether the licensee wishes for his or her anatomical gift to only go to those persons not convicted of a crime and currently serving time in jail or prison or on parole.

Sec. 2. RCW 68.50.540 and 1995 c 132 s 1 are each amended to read as follows:

(1) An individual who is at least eighteen years of age, or an individual who is at least sixteen years of age as provided in subsection ((~~(12)~~)) (13) of this section, may (a) make an anatomical gift for any of the purposes stated in RCW 68.50.570(1), (b) limit an anatomical gift to one or more of those purposes, ((or)) (c) refuse to make an anatomical gift to a person convicted of a crime and currently serving time in jail or prison or on parole, or (d) refuse to make an anatomical gift.

(2) An anatomical gift may be made by a document of gift signed by the donor. If the donor cannot sign, the document of gift must be signed by another individual and by two witnesses, all of whom have signed at the direction and in the presence of the donor and of each other and state that it has been so signed.

(3) If a document of gift is attached to or imprinted on a donor's motor vehicle operator's license, the document of gift must comply with subsection (2) of this section. Revocation, suspension, expiration, or cancellation of the license does not invalidate the anatomical gift.

(4) The donee or other person authorized to accept the anatomical gift may employ or authorize a physician, surgeon, technician, or enucleator to carry out the appropriate procedures.

(5) An anatomical gift by will takes effect upon death of the testator, whether or not the will is probated. If, after death, the will is declared invalid for testamentary purposes, the validity of the anatomical gift is unaffected.

(6) A donor may amend or revoke an anatomical gift, not made by will, by:

(a) A signed statement;

(b) An oral statement made in the presence of two individuals;

(d) The delivery of a signed statement to a specified donee to whom a document of gift had been delivered.

(7) The donor of an anatomical gift made by will may amend or revoke the gift in the manner provided for amendment or revocation of wills, or as provided in subsection (6) of this section.

(8) An anatomical gift that is not revoked by the donor before death is irrevocable and does not require the consent or concurrence of a person after the donor's death.

(9) An individual may refuse to make an anatomical gift of the individual's body or part by (a) a writing signed in the same manner as a document of gift, (b) a statement attached to or imprinted on a donor's motor vehicle operator's license, or (c) another writing used to identify the individual as refusing to make an anatomical gift. During a terminal illness or injury, the refusal may be an oral statement or other form of communication.

(10) An individual may refuse to make an anatomical gift of the individual's body or part to a person convicted of a crime and currently serving time in jail or prison or on parole.

(11) In the absence of contrary indications by the donor, an anatomical gift of a part is neither a refusal to give other parts nor a limitation on an anatomical gift under RCW 68.50.550.

((~~(11)~~)) (12) In the absence of contrary indications by the donor, a revocation or amendment of an anatomical gift is not a refusal to make another anatomical gift. If the donor intends a revocation to be a refusal to make an anatomical gift, the donor shall make the refusal pursuant to subsection (9) of this section.

((~~(12)~~)) (13) An individual who is under the age of eighteen, but is at least sixteen years of age, may make an anatomical gift as provided by subsection (2) of this section, if the document of gift is also signed by either parent or a guardian of the donor. A document of gift signed by a donor under the age of eighteen that is not signed by either parent or a guardian shall not be considered valid until the person reaches the age of eighteen, but may be considered as evidence that the donor has not refused permission to make an anatomical gift under the provisions of RCW 68.50.550.

Sec. 3. RCW 68.50.570 and 1993 c 228 s 6 are each amended to read as follows:

(1) The following persons may become donees of anatomical gifts for the purposes stated:

(a) A hospital, physician, surgeon, or procurement organization for transplantation, therapy, medical or dental education, research, or advancement of medical or dental science;

(b) An accredited medical or dental school, college, or university for education, research, or advancement of medical or dental science; or

(2) An anatomical gift may be made to a designated donee or without designating a donee. If a donee is not designated or if the donee is not available or rejects the anatomical gift, the anatomical gift may be accepted by any hospital.

(3) An anatomical gift from a donor may not go to a person convicted of a crime and currently serving time in jail or prison or on parole when the donor has so indicated on his or her driver's license.

(4) If the donee knows of the decedent's refusal or contrary indications to make an anatomical gift or that an anatomical gift made by a member of a class having priority to act is opposed by a member of the same class or a prior class under RCW 68.50.550(1), the donee may not accept the anatomical gift.