75th OREGON LEGISLATIVE ASSEMBLY--2009 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 1814
 
                         House Bill 3055
 
Sponsored by Representative NOLAN, Senator BATES
 
 
                             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.
 
  Prohibits any person other than anatomical gift donor or parent
of unemancipated minor donor from revoking anatomical gift made
by designation on driver license or state identification card.
 
                        A BILL FOR AN ACT
Relating to revocation of an anatomical gift; creating new
  provisions; and amending ORS 97.957, 97.959, 97.961 and 97.963.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 97.957 is amended to read:
  97.957. (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 ORS 97.955 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.
   { +  (5) An anatomical gift made by a designation on the
donor's driver license or identification card is conclusively
presumed valid. + }
  SECTION 2. ORS 97.959 is amended to read:
 
  97.959.  { + (1) Except as provided in subsection (7) of this
section, an anatomical gift made by a designation on a donor's
driver license or identification card under ORS 97.957 (1)(a) may
be revoked only by the donor in accordance with the provisions of
this section and may not be revoked by any other person otherwise
authorized to make, amend or revoke a gift under ORS 97.963 or
97.967 or this section. + }
    { - (1) - }  { +  (2) + } Except as provided in
 { + subsection (1) of this section and + } ORS 97.963, a donor
or other person authorized to make an anatomical gift under ORS
97.955 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) - }  { +  (3) + } 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) - }  { +  (3) + } A record signed pursuant to
subsection   { - (1)(a)(C) - }  { +  (2)(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) - }  { +  (4) + } Except as provided in ORS 97.963, a
donor or other person authorized to make an anatomical gift under
ORS 97.955 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) - }  { +  (5) + } 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) - }  { +  (6) + } 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) - }  { +  (4) + } of this section.
   { +  (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. + }
  SECTION 3. ORS 97.961 is amended to read:
  97.961. (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 ORS
97.957 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   { - ORS 97.963 (8) - }
 { +  subsection (5) of this section + }, 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.
   { +  (5) 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 4. ORS 97.963 is amended to read:
  97.963. (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 ORS 97.957 or an amendment to an
anatomical gift of the donor's body or body part under ORS
97.959 { + , may not be revoked except in accordance with ORS
97.959 + }.
  (2) A donor's revocation of an anatomical gift of the donor's
body or body part under ORS 97.959 is not a refusal and does not
prohibit another person specified in ORS 97.955 or 97.965 from
making an anatomical gift of the donor's body or body part under
ORS 97.957 or 97.967.
  (3) If a person other than the donor makes an unrevoked
anatomical gift of the donor's body or body part under ORS 97.957
or an amendment to an anatomical gift of the donor's body or body
part under ORS 97.959, another person may not make, amend or
revoke the gift of the donor's body or body part under ORS
97.967.
  (4) A revocation of an anatomical gift of a donor's body or
body part under ORS 97.959 by a person other than the donor does
not prohibit another person from making an anatomical gift of the
body or body part under ORS 97.957 or 97.967.
  (5) In the absence of an express, contrary indication by the
donor or other person authorized to make an anatomical gift under
ORS 97.955, 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
ORS 97.955, an anatomical gift of a body part for one or more of
the purposes set forth in ORS 97.955 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 ORS 97.957 or
97.967.
    { - (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 5.  { + The amendments to ORS 97.957 and 97.959 by
sections 1 and 2 of this 2009 Act apply to donor designations
appearing on driver licenses or identification cards issued by
this state or any other state before, on or after the effective
date of this 2009 Act. + }
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