November 2, 2007 - Introduced by Senators Risser, Roessler, Miller, Schultz,
Olsen, Kedzie, Coggs, Lassa and Sullivan, cosponsored by Representatives
Wieckert, Staskunas, Kerkman, Ballweg, Black, Hahn, Davis, Berceau,
Jeskewitz, Turner, A. Ott, Cullen, Townsend, Lothian, A. Williams, Bies,
Tauchen and Wasserman. Referred to Committee on Health and Human
Services.
SB310,1,7
1An Act to repeal 343.175 (3) (b);
to renumber 343.175 (3) (a);
to amend 71.05
2(10) (i) 1., 146.345 (title), (1) (a), (b) and (c) and (2), 146.82 (2) (a) 19., 155.20 (8),
3155.30 (1) (form), 230.35 (2d) (a) 2., 252.15 (2) (a) 1. and (am) 1. and 2. and (5)
4(a) 5., 343.17 (3) (b), 343.175 (1), 343.175 (1r), 343.175 (2) (title), 343.175 (2) (a),
5343.175 (2) (ag), 343.50 (3), 343.50 (4m) (a), 343.50 (4m) (b) and 343.50 (8) (b);
6and
to repeal and recreate 157.06 of the statutes;
relating to: anatomical
7gifts, granting rule-making authority, and providing a penalty.
Analysis by the Legislative Reference Bureau
Current anatomical gift law
Current anatomical gift law is based, with some modifications, on the Uniform
Anatomical Gift Act of 1987 promulgated by the National Conference of
Commissioners on Uniform State Laws.
Anatomical gift of one's body or body parts; refusal to make anatomical gift.
Under current law, an anatomical gift is a donation of a person's body or body parts
(organs, including eyes, tissues, or bodily fluids) for transplantation, therapy, or
medical research or education, that is effective upon the person's death. Currently,
a person who is at least 18 years old may make an anatomical gift of his or her body
or body parts by signing a written document of gift, or if he or she cannot do so, by
directing another to sign a document of gift on his or her behalf. A person who is at
least 18 years old may also refuse to make an anatomical gift of his body or body parts
by signing a written refusal or, if the person has a terminal illness or injury, by
communicating a refusal orally or by any other means of communication. The
Department of Transportation must include on driver's licenses and identification
cards a writing that may serve as a document of gift or a refusal, and must provide
a sticker indicating organ donor status, which a person may affix to his or her driver's
license or identification card. However, use of the sticker alone does not effect an
anatomical gift. A person may amend or revoke a document of gift or a refusal during
his or her lifetime.
Upon the death of a person who has made an unrevoked anatomical gift of his
or her body or body parts, the anatomical gift is effective without need of consent or
concurrence by any other person. An individual's unrevoked refusal bars all others
from making an anatomical gift of the person's body or body parts. Absent contrary
indications by a donor, an anatomical gift of a body part does not constitute a refusal
or limitation on making an anatomical gift of another body part of the donor. Absent
contrary indications by a donor, a revocation or amendment of an anatomical gift
does not constitute a refusal to make another anatomical gift.
Anatomical gift after death by a relative or agent. If a deceased did not make
an unrevoked anatomical gift or unrevoked refusal relating to his or her body or a
particular body part during his or her lifetime, the following relatives or agents of
the deceased, in the order of priority listed, may make an anatomical gift of the body
or body part: 1) spouse; 2) adult child; 3) parent; 4) adult sibling; 5) grandparent; 6)
guardian; or 7) health care agent. A relative or agent may not make an anatomical
gift of a deceased's body or body parts if he or she knows that the deceased refused
to allow an anatomical gift of his or her body or body parts or if any person with the
same or higher priority to make an anatomical gift objects to making an anatomical
gift. A relative or agent of a deceased may make an anatomical gift on behalf of the
deceased by signing a written document of gift or providing an oral authorization for
a gift that is recorded, transcribed, and signed. If an anatomical gift is made by a
relative or agent of the deceased, any person with equal or higher priority to make
an anatomical gift may revoke the anatomical gift unless procedures to remove a
body part from the deceased have begun.
Who may accept an anatomical gift. A hospital, physician, or organ
procurement organization (OPO) may accept an anatomical gift made for
transplantation, therapy, medical research or education, an individual may accept
an anatomical gift of a body part for transplantation or therapy, and a school may
accept an anatomical gift for medical research or education.
Procurement process. Federal law requires that hospitals notify a federally
approved OPO or its designee of deaths and imminent deaths at the hospital. The
OPO determines the medical suitability of a deceased's organs for donation, and may
also determine the medical suitability of eyes and tissues for donation. Under federal
law, if organs, tissues, or eyes are medically suitable for donation, the hospital, in
collaboration with the OPO, must ensure that the family of the deceased is notified
of its options to donate or refuse to donate organs, tissues, or eyes. The Organ
Procurement and Transplant Network, created under federal law, controls the
allocation of hearts, kidneys, livers, lungs, and pancreases for transplantation.
Federal law also requires hospitals to have agreements with tissue banks and eye
banks for the retrieval, storage, and distribution of tissue and eyes.
Immunity. Under current law, a person who acts, or in good faith attempts to
act, in accordance with the anatomical gift law of this state or applicable anatomical
gift law of another state or country is immune from civil or criminal liability for such
acts.
Changes made in the bill
This bill makes changes to anatomical gift law based on the Revised Uniform
Anatomical Gift Act of 2006 promulgated by the National Conference of
Commissioners on Uniform State Laws.
Who may make an anatomical gift during a person's lifetime. The bill provides
that a person who is at least 15 and one-half years old or an emancipated minor may
make an anatomical gift of his or her body or body parts. The bill also allows others
under the following circumstances to make an anatomical gift on behalf of a person
during the person's lifetime: a parent of an unemancipated minor may make an
anatomical gift on behalf of the minor if the minor does not object; a health care agent
for a person, or another designated by the person, may make an anatomical gift on
behalf of the person; and a guardian may make an anatomical gift on behalf of a ward.
However, a parent, agent, or guardian may not make an anatomical gift of an
individual's body or body part if the individual made an unrevoked anatomical gift
of his or her body or the part, except that in limited instances the parent, agent, or
guardian may expand the purpose of the individual's gift.
Effect of anatomical gift or refusal made during person's lifetime. Under the
bill, if a person makes an anatomical gift on behalf of an individual during the
individual's lifetime, no person, other than the person who made the anatomical gift,
may amend or revoke the gift after the death of the individual. However, if an
anatomical gift is made by or on behalf of an unemancipated minor during the
minor's lifetime, a parent may revoke or amend the gift after the death of the minor.
Also under the bill, if an unemancipated minor refused to make an anatomical gift,
the minor's parent may revoke the refusal after the death of the minor.
Anatomical gift on behalf of a deceased or a person near death. The bill expands
the list of persons who may make an anatomical gift on behalf of a deceased to include
adult grandchildren, adults who exhibited special care and concern for the deceased,
and any person who has authority to dispose of the body; and the bill elevates the
priority of health care agents to make anatomical gifts. Under the bill, the priority
for making an anatomical gift on behalf of a deceased is as follows: 1) health care
agent; 2) spouse; 3) adult child; 4) parent; 5) adult sibling; 6) adult grandchild; 7)
grandparent; 8) adult who exhibited special care and concern for the deceased; 9)
guardian; and 10) any other person who has authority to dispose of the body. The bill
further provides that these persons may make an anatomical gift on behalf of an
individual who is "near death," not just after death.
Under the bill, if there is disagreement among people who have equal priority
to make an anatomical gift on behalf of a deceased or an individual who is near death,
a gift may be made by a majority of the people. An anatomical gift made on behalf
of a deceased or an individual who is near death may be amended by a person who
has higher priority to make the gift, except that, if multiple people have the same
higher priority to amend the gift, a majority is needed for amendment. An
anatomical gift may be revoked by a person with higher priority to make a gift, except
that, if multiple people have the same higher priority to revoke the gift, at least half
must agree for the revocation to take effect. A revocation is not effective if an incision
has been made in the deceased or if invasive procedures have been begun to prepare
a recipient for transplant.
Method of making an anatomical gift, refusal, amendment, or revocation. The
bill allows persons to authenticate records of anatomical gifts, refusals,
amendments, and revocations of anatomical gifts or refusals with an electronic
signature. The bill permits a person to make an anatomical gift of his or her body
or body parts by affixing a symbol or statement that indicates that the person has
made an anatomical gift, such as an organ donor sticker, on his or her driver's license
or identification card. A person who has a terminal illness or injury may make an
anatomical gift by oral communication to two adults, at least one of whom is a
disinterested witness. Further, a person may make an anatomical gift of his or her
body or body parts by authorizing inclusion of his or her intent to make an anatomical
gift in a donor registry. Under the bill, a parent, health care agent, or guardian who
has authority to make a gift on behalf of another person during the person's lifetime
may do so by signing a record of gift or including the gift in a donor registry. Finally,
the bill allows a person to make a gift on behalf of a deceased or an individual who
is near death by means of an oral communication that is electronically recorded, or
an oral communication that is contemporaneously reduced to a record that is signed
by the person receiving the communication.
The bill permits additional methods of amending and revoking anatomical gifts
or refusals. Under the bill a person may amend an anatomical gift or refusal by
executing a subsequent gift or refusal that is inconsistent with the first. And, a
person may revoke an anatomical gift or refusal that was made in a record by
destroying the record, or that part of the record, in which it is made.
Procurement procedures. The bill codifies federal law requiring hospitals to
enter into agreements with OPOs, tissue banks, and eye banks (procurement
organizations) for the procurement and use of body parts, and requiring hospitals to
notify OPOs of deaths and imminent deaths. The bill also codifies federal law
regarding contacting family members of deceased persons to inform them of their
options to make or refuse to make anatomical gifts.
The bill requires the Department of Transportation to provide information in
its driver's license and identification card files regarding organ donor status to a
procurement organization upon request. Under the bill, when a hospital notifies a
procurement organization of the death or imminant death of a person, unless the
person made an unrevoked refusal, the procurement organization may conduct any
reasonable examination to determine whether the person's body parts are medically
suitable for transplantation, therapy, research, or education, including an
examination of the person's medical or dental records. The bill prohibits the
withholding or withdrawing of measures to ensure the medical suitability of a body
part for donation during such examination, unless the hospital or procurement
organization knows that the person expressed a contrary intent. If a procurement
organization determines that any of the person's body parts are medically suitable
for transplantation, therapy, research, or education, the procurement organization
must search for a person who has authority to make an anatomical gift of the body
parts. Finally, the procurement organization must inform any person or
organization who is to receive a donated body or body part of relevant information
regarding the anatomical gift. A person or organization who receives a donated body
or body part may conduct a reasonable examination, including an examination of the
donor's medical or dental records.
Interaction between anatomical gifts and health care power of attorney or
do-not-resuscitate order. The bill provides that if a person executed a health care
power of attorney or a do-not-resuscitate order and the person's body parts may be
the subject of an anatomical gift, measures to ensure the medical suitability of body
parts for transplantation may not be withdrawn or withheld from the person unless
the health care power of attorney or do-not-resuscitate order expressly provides to
the contrary.
Receipt and use of donated bodies or body parts. The bill adds tissue banks and
eye banks to the list or persons and organizations who may accept donated body parts
and establishes rules governing who receives donated bodies and body parts. The bill
provides generally, that unless an anatomical gift names a specific person or
organization to receive a donated body or body part, organs, other than eyes, go to
an OPO, tissues go to a tissue bank, and eyes go to an eye bank. Under the bill, if
an anatomical gift of a body part is designated for a specific individual for
transplantation and the body part cannot be transplanted into that individual, the
body part passes to the appropriate OPO, tissue bank, or eye bank. If no recipient
is named in an anatomical gift, and more than one purpose is designated, the donated
body parts must be made available first for transplantation or therapy. If no
recipient and no purpose are identified in an anatomical gift, or if only a general
intent to make a donation is specified, for example by use of an organ donor sticker,
the body parts may be used only for transplantation or therapy. A person may not
accept an anatomical gift of a body or body part if the person has actual knowledge
that the anatomical gift was not validly made or actual knowledge that the
anatomical gift was revoked.
Immunity and liability. In addition to the civil and criminal immunity provided
under current law, this bill provides that a person who acts, or attempts in good faith
to act, in accordance with the anatomical gift law of this state or applicable
anatomical gift law of another state or country is immune from liability for the act
in administrative proceedings. The bill also provides that although emergency
service and hospital personnel who are required to search for a record of an
anatomical gift or refusal may not be held criminally or civilly liable for failure to
search for and deliver such records, they may be subject to administrative sanctions
for such a failure.
Penalty for falsifying a record of anatomical gift or refusal. The bill makes it
a crime to intentionally falsify, forge, conceal, deface, or obliterate a record of an
anatomical gift or refusal or an amendment or revocation of such a record. The
maximum penalty for a violation is imprisonment not to exceed six years, a fine not
to exceed $50,000, or both.
Validity of anatomical gifts and choice of law. The bill provides that an
anatomical gift is valid in this state if it is made in accordance with the laws of this
state, the laws of the state or country where it was made, or the laws of the state or
country in which the person who made the gift was domiciled, had a place of
residence, or was a national at the time the gift was made. Under the bill, the laws
of this state apply to the interpretation of any gift that is valid in this state. The bill
specifies that a person may presume that an anatomical gift or amendment is valid
unless the person has actual knowledge that it was not validly made or was revoked.
The bill also specifies that a person may, in determining whether an individual has
authority to make an anatomical gift on behalf of a deceased or someone who is near
death, rely on the representation of the individual as to his or her relation to the
subject of the anatomical gift (other than as a health care agent or guardian).
Donor registry. The bill provides that the Department of Health and Family
Services (DHFS) may establish a donor registry, and if it does, that the Department
of Transportation must cooperate with DHFS in establishing the registry.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB310, s. 1
1Section
1. 71.05 (10) (i) 1. of the statutes is amended to read:
SB310,7,22
71.05
(10) (i) 1. Subject to the conditions in this paragraph, an individual may
3subtract up to $10,000 from federal adjusted gross income if he or she, or his or her
4dependent who is claimed under section
151 (c) of the Internal Revenue Code, while
5living, donates
one or more of his or her human organs
all or part of his or her liver,
6pancreas, kidney, intestine, lung, or bone marrow to another human being for
human
7organ transplantation, as defined in s. 146.345 (1)
, except that in this paragraph,
8"human organ" means all or part of a liver, pancreas, kidney, intestine, lung, or bone
1marrow (b). A subtract modification that is claimed under this paragraph may be
2claimed in the taxable year in which the
human organ transplantation occurs.
SB310, s. 2
3Section
2. 146.345 (title), (1) (a), (b) and (c) and (2) of the statutes are amended
4to read:
SB310,7,5
5146.345 (title)
Sale of human organs parts prohibited.
SB310,7,10
6(1) (a) "Human
organ" means a human kidney, liver, heart, lung, pancreas,
7bone marrow, cornea, eye, bone or skin or any other human organ specified by the
8department by rule. "Human organ" part" has the meaning given for "part" in s.
9157.06 (2) (n), except that "human part" does not mean human whole blood, blood
10plasma, a blood product or a blood derivative or human semen.
SB310,7,1311
(b)
"Human organ transplantation" "Transplantation" means the medical
12procedure by which transfer of a human
organ part is made from the body of a person
13to the body of another person.
SB310,7,1814
(c) "Valuable consideration" does not include reasonable payment associated
15with the removal, transportation, implantation, processing, preservation, quality
16control
or, storage
, or disposal of a human
organ part or an expense of travel, housing
17or lost wages incurred by a human
organ part donor in connection with donation of
18the human
organ part.
SB310,7,20
19(2) No person may knowingly and for valuable consideration acquire, receive
20or otherwise transfer any human
organ part for use in
human organ transplantation.
SB310, s. 3
21Section
3. 146.82 (2) (a) 19. of the statutes is amended to read:
SB310,7,2522
146.82
(2) (a) 19. To
an organ a procurement organization
by a hospital
23pursuant to s. 157.06 (5) (b) 1, as defined in s. 157.06 (2) (p), for the purpose of
24conducting an examination to ensure the medical suitability of a body part that is or
25could be the subject of an anatomical gift under s. 157.06.
SB310, s. 4
1Section
4. 155.20 (8) of the statutes is amended to read:
SB310,8,52
155.20
(8) A health care agent may make an anatomical gift
under s. 157.06
3(3) (a) 7. of all or a part of the principal's body
after the principal's death unless the
4principal made an unrevoked refusal to make that anatomical gift
as provided under
5s. 157.06 (4) (b) or (9) (a) 1.
SB310, s. 5
6Section
5. 155.30 (1) (form) of the statutes is amended to read:
SB310,8,77
155.30
(1) (form)
SB310,8,8
8"NOTICE TO PERSON
SB310,8,99
MAKING THIS DOCUMENT
SB310,8,1310
YOU HAVE THE RIGHT TO MAKE DECISIONS ABOUT YOUR HEALTH
11CARE. NO HEALTH CARE MAY BE GIVEN TO YOU OVER YOUR OBJECTION,
12AND NECESSARY HEALTH CARE MAY NOT BE STOPPED OR WITHHELD IF
13YOU OBJECT.
SB310,8,1914
BECAUSE YOUR HEALTH CARE PROVIDERS IN SOME CASES MAY NOT
15HAVE HAD THE OPPORTUNITY TO ESTABLISH A LONG-TERM
16RELATIONSHIP WITH YOU, THEY ARE OFTEN UNFAMILIAR WITH YOUR
17BELIEFS AND VALUES AND THE DETAILS OF YOUR FAMILY
18RELATIONSHIPS. THIS POSES A PROBLEM IF YOU BECOME PHYSICALLY
19OR MENTALLY UNABLE TO MAKE DECISIONS ABOUT YOUR HEALTH CARE.
SB310,9,720
IN ORDER TO AVOID THIS PROBLEM, YOU MAY SIGN THIS LEGAL
21DOCUMENT TO SPECIFY THE PERSON WHOM YOU WANT TO MAKE
22HEALTH CARE DECISIONS FOR YOU IF YOU ARE UNABLE TO MAKE THOSE
23DECISIONS PERSONALLY. THAT PERSON IS KNOWN AS YOUR HEALTH
24CARE AGENT. YOU SHOULD TAKE SOME TIME TO DISCUSS YOUR
25THOUGHTS AND BELIEFS ABOUT MEDICAL TREATMENT WITH THE
1PERSON OR PERSONS WHOM YOU HAVE SPECIFIED. YOU MAY STATE IN
2THIS DOCUMENT ANY TYPES OF HEALTH CARE THAT YOU DO OR DO NOT
3DESIRE, AND YOU MAY LIMIT THE AUTHORITY OF YOUR HEALTH CARE
4AGENT. IF YOUR HEALTH CARE AGENT IS UNAWARE OF YOUR DESIRES
5WITH RESPECT TO A PARTICULAR HEALTH CARE DECISION, HE OR SHE IS
6REQUIRED TO DETERMINE WHAT WOULD BE IN YOUR BEST INTERESTS IN
7MAKING THE DECISION.
SB310,9,208
THIS IS AN IMPORTANT LEGAL DOCUMENT. IT GIVES YOUR AGENT
9BROAD POWERS TO MAKE HEALTH CARE DECISIONS FOR YOU. IT
10REVOKES ANY PRIOR POWER OF ATTORNEY FOR HEALTH CARE THAT YOU
11MAY HAVE MADE. IF YOU WISH TO CHANGE YOUR POWER OF ATTORNEY
12FOR HEALTH CARE, YOU MAY REVOKE THIS DOCUMENT AT ANY TIME BY
13DESTROYING IT, BY DIRECTING ANOTHER PERSON TO DESTROY IT IN
14YOUR PRESENCE, BY SIGNING A WRITTEN AND DATED STATEMENT OR BY
15STATING THAT IT IS REVOKED IN THE PRESENCE OF TWO WITNESSES. IF
16YOU REVOKE, YOU SHOULD NOTIFY YOUR AGENT, YOUR HEALTH CARE
17PROVIDERS AND ANY OTHER PERSON TO WHOM YOU HAVE GIVEN A COPY.
18IF YOUR AGENT IS YOUR SPOUSE AND YOUR MARRIAGE IS ANNULLED OR
19YOU ARE DIVORCED AFTER SIGNING THIS DOCUMENT, THE DOCUMENT
20IS INVALID.
SB310,9,2521
YOU MAY ALSO USE THIS DOCUMENT TO MAKE OR REFUSE TO MAKE
22AN ANATOMICAL GIFT UPON YOUR DEATH. IF YOU USE THIS DOCUMENT
23TO MAKE OR REFUSE TO MAKE AN ANATOMICAL GIFT, THIS DOCUMENT
24REVOKES ANY PRIOR
DOCUMENT RECORD OF GIFT THAT YOU MAY HAVE
25MADE. YOU MAY REVOKE OR CHANGE ANY ANATOMICAL GIFT THAT YOU
1MAKE BY THIS DOCUMENT BY CROSSING OUT THE ANATOMICAL GIFTS
2PROVISION IN THIS DOCUMENT.
SB310,10,43
DO NOT SIGN THIS DOCUMENT UNLESS YOU CLEARLY UNDERSTAND
4IT.
SB310,10,65
IT IS SUGGESTED THAT YOU KEEP THE ORIGINAL OF THIS
6DOCUMENT ON FILE WITH YOUR PHYSICIAN."
SB310, s. 6
7Section
6. 157.06 of the statutes is repealed and recreated to read:
SB310,10,8
8157.06 Anatomical gifts. (2) Definitions. In this section:
SB310,10,119
(a) "Agent" means a health care agent, as defined in s. 155.01 (4), or an
10individual who is expressly authorized in a record that is signed by a principal to
11make an anatomical gift of the principal's body or part.
SB310,10,1412
(b) "Anatomical gift" means a donation of all or part of a human body to take
13effect after the donor's death for the purpose of transplantation, therapy, research,
14or education.
SB310,10,1515
(c) "Decedent" means a deceased individual.
SB310,10,1616
(d) "Disinterested witness" means a witness who is not any of the following:
SB310,10,1817
1. The spouse, child, parent, sibling, grandchild, grandparent, or guardian of
18the individual who makes, amends, revokes, or refuses to make an anatomical gift.
SB310,10,2119
2. A person who exhibits special care and concern, except as a compensated
20health care provider, for the individual who makes, amends, revokes, or refuses to
21make an anatomical gift.
SB310,10,2222
3. Any other person to whom the anatomical gift could pass under sub. (11).
SB310,10,2423
(e) "Donor" means an individual whose body or part is the subject of an
24anatomical gift.
SB310,11,2
1(f) "Donor registry" means a database that contains records of anatomical gifts
2and amendments to or revocations of anatomical gifts.
SB310,11,53
(g) "Driver's license" means a license or permit to operate a vehicle, whether
4or not conditions are attached to the license or permit, that is issued by the
5department of transportation under ch. 343.
SB310,11,86
(h) "Eye bank" means a person that is licensed, accredited, or regulated under
7federal or state law to engage in the recovery, screening, testing, processing, storage,
8or distribution of human eyes or portions of human eyes.
SB310,11,119
(i) "Guardian" means a person appointed by a court to make decisions
10regarding the support, care, education, health, or welfare of an individual, and does
11not include a guardian ad litem.
SB310,11,1412
(j) "Hospital" means a facility approved as a hospital under s. 50.35 or a facility
13operated as a hospital by the federal government, a state, or a political subdivision
14of a state.
SB310,11,1615
(k) "Identification card" means an identification card issued by the department
16of transportation under s. 343.50.
SB310,11,1917
(L) "Organ procurement organization" means a person designated by the
18Secretary of the U.S. Department of Health and Human Services as an organ
19procurement organization.
SB310,11,2020
(m) "Parent" has the meaning given under s. 48.02 (13).
SB310,11,2221
(n) "Part" means a vascularized organ, eye, or tissue of a human being. "Part"
22does not mean a whole human body.
SB310,11,2423
(o) "Physician" means an individual authorized to practice medicine or
24osteopathy under the laws of any state.
SB310,12,2
1(p) "Procurement organization" means an eye bank, organ procurement
2organization, or tissue bank.
SB310,12,73
(q) "Prospective donor" means an individual who is dead or near death and has
4been determined by a procurement organization to have a part that could be
5medically suitable for transplantation, therapy, research, or education. An
6individual who has refused to make an anatomical gift as provided under sub. (7) is
7not a prospective donor.
SB310,12,118
(r) "Reasonably available" means able to be contacted by a procurement
9organization without undue effort and willing and able to act in a timely manner
10consistent with existing medical criteria necessary for the making of an anatomical
11gift.
SB310,12,1312
(s) "Record" means information that is inscribed on a tangible medium or that
13is stored in an electronic or other medium and is retrievable in a perceivable form.
SB310,12,1614
(t) "Record of gift" means a donor card or other record used to make an
15anatomical gift, including a statement or symbol on a driver's license or
16identification card or in a donor registry.
SB310,12,1917
(u) "Record of refusal" means a record created under sub. (7) that expressly
18states an intent to bar other persons from making an anatomical gift of an
19individual's body or part.
SB310,12,2120
(v) "Sign" means to do any of the following with present intent to authenticate
21or adopt a record:
SB310,12,2222
1. Execute or adopt a signature or tangible symbol.
SB310,12,2423
2. Attach to or logically associate with the record an electronic symbol, sound,
24or process.
SB310,13,3
1(w) "Technician" means an individual determined to be qualified to remove or
2process parts by an appropriate organization that is licensed, accredited, or
3regulated under federal or state law and includes an enucleator.
SB310,13,64
(x) "Tissue" means a portion of the human body other than a vascularized organ
5or eye and does not include blood unless the blood is donated for the purpose of
6research or education.
SB310,13,97
(y) "Tissue bank" means a person that is licensed, accredited, or regulated
8under federal or state law to engage in the recovery, screening, testing, processing,
9storage, or distribution of tissue.