BY SENATORS Coffman, Alexander, Ament, Arnold, Bishop, Blickensderfer, Chlouber, Congrove, Dennis, Feeley, Hernandez, Hopper, Johnson, Lacy, Lamborn, Linkhart, Martinez, Matsunaka, Mutzebaugh, Norton, Pascoe, Perlmutter, Phillips, Powers, Reeves, Rizzuto, Rupert, Schroeder, Tanner, Tebedo, Thiebaut, Wattenberg, Weddig, Wells, and Wham;
also REPRESENTATIVES May, Bacon, Chavez, Clarke,
Epps, Leyba, and Morrison.
CONCERNING REQUIREMENTS RELATING TO ANATOMICAL GIFTS
UNDER THE "UNIFORM ANATOMICAL GIFT ACT", AND, IN CONNECTION
THEREWITH, DELETING REQUIREMENTS FOR WITNESSES TO ANATOMICAL GIFT
DOCUMENTS AND HLA TYPING INFORMATION ON DRIVERS' LICENSES AND
IDENTIFICATION CARDS, CLARIFYING THE REVOCABILITY AND IRREVOCABILITY
OF SUCH GIFTS, MAKING THE FORM PLACED ON DRIVERS' LICENSES AND
IDENTIFICATION CARDS CONSISTENT WITH SUCH CHANGES, AND CLARIFYING
PROVISIONS RELATING TO THE ADMINISTRATION OF THE ORGAN AND TISSUE
DONATION AWARENESS FUND.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 1234101.5,
Colorado Revised Statutes, is amended to read:
1234101.5. Legislative
declaration. The general assembly hereby
finds and declares that the use of anatomical gifts, including
the donation of organs or tissue, for the purpose of transplantation
is of great interest to the wellbeing of the citizens of
this state and may save or prolong the life or improve the health
of extremely ill and dying persons. The general assembly therefore
finds that it is in the best interests of the state to encourage
such donations for transplants and to encourage the use of the
authorization for anatomical gifts required to be printed on the
back of drivers' licenses and identification cards indicating
that the signer has consented to the donation of organs or tissue.
and indicating, if known, the results
of HLA typing for the purpose of matching such anatomical gifts
for transplants. The general assembly
further finds that it is beneficial to the state for employers
to encourage such donations by allowing employees time off for
the purpose of making such donations and, to that end, that it
is necessary to direct that the state personnel board, consistent
with section 2450104 (9) (c), C.R.S., adopt a rule
that provides for two days per year of paid leave for employees
in the state personnel system for the purpose of donating organs,
tissue, or bone marrow for a transplant.
SECTION 2. The
introductory portion to 1234103 (2), Colorado Revised
Statutes, is amended, and the said 1234103 is further
amended BY THE ADDITION OF A NEW SUBSECTION, to read:
1234103. Persons who may
execute an anatomical gift. (2) IN
THE ABSENCE OF AN INDIVIDUAL DECLARATION TO DONATE ALL OR PART
OF A PERSON'S OWN BODY, any of the following persons, in the order
of priority stated, when persons in prior classes are not available
at the time of death, and in the absence of actual notice of a
contrary indication as defined in section 1234107,
or actual notice of opposition by a member of the same or a prior
class, may give all or any part of the decedent's body for any
purposes specified in section 1234104:
(6) UNLESS HELD FOR PURPOSES SPECIFIED
IN SECTION 3010606, C.R.S., AN ANATOMICAL GIFT THAT
IS NOT REVOKED BY THE DONOR BEFORE DEATH IS IRREVOCABLE AND DOES
NOT REQUIRE CONSENT OR CONCURRENCE OF ANY PERSON AFTER THE DONOR'S
DEATH.
SECTION 3. 1234105
(1) (c) and (5) (a), Colorado Revised Statutes, are amended, and
the said 1234105 (1) is further amended BY THE ADDITION
OF A NEW PARAGRAPH, to read:
1234105. Manner of executing
anatomical gifts. (1) A gift
of all or part of a human body under section 1234103
(1) may be made by any of the following:
(c) By document other than a will or license.
The gift becomes effective upon the death of the donor. The
document, which may be a card designed to be carried on the person,
shall be signed by the donor. in the
presence of two witnesses who must then sign the document in his
presence. If the donor cannot sign,
the document may be signed for him
THE DONOR at his
THE DONOR'S direction and in his
THE DONOR'S presence. and in the presence
of two witnesses who must then sign the document in his presence.
Delivery of the document of gift during the donor's lifetime is
not necessary to make the gift valid.
(d) BY DRIVER'S LICENSE OR IDENTIFICATION
CARD. THE DRIVER'S LICENSE OR IDENTIFICATION CARD SIGNED UPON
ISSUANCE OF THE DOCUMENT AND A "Y" IN THE DONOR FIELD
ON THE FRONT OF THE DRIVER'S LICENSE OR IDENTIFICATION CARD INDICATES
THAT THE GIFT BECOMES EFFECTIVE UPON THE DEATH OF THE DONOR.
(5) (a) The department of revenue
shall place on the back of each driver's license, provisional
driver's license, and identification card issued pursuant to article
2 of title 42, C.R.S., a card, as provided in paragraph (c) of
subsection (1) of this section, in the form as follows:
I hereby give, at the
time of my death, any of my organs and tissues designated below
that may be needed for transplantation, therapy, research, or
education. I give MAKE AN ANATOMICAL
GIFT, TO BE EFFECTIVE UPON MY DEATH, OF:
A. Any needed organ
or tissue ORGANS/TISSUES Date:
B. Organs
or tissue listed THE FOLLOWING ORGANS/TISSUES:
DONOR signature:
of Donor: HLA
typing (if known) :___________
Witness: Witness:_________________________
SECTION 4. 1234107,
Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW
SUBSECTION to read:
1234107. Amendment or revocation
of the gift. (5) A PERSON,
AFTER BEING ISSUED A DRIVER'S LICENSE OR IDENTIFICATION CARD,
MAY AT A LATER DATE BECOME AN ANATOMICAL DONOR BY SIGNING SUCH
PERSON'S NAME ON THE BACK OF THE LICENSE OR IDENTIFICATION CARD.
SECTION 5. 1514506, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:
1514506. Medical durable
power of attorney. (3.5) ANY
MEDICAL DURABLE POWER OF ATTORNEY EXECUTED UNDER SECTIONS 1514503
TO 1514509 MAY ALSO HAVE A DOCUMENT WITH A WRITTEN
STATEMENT AS PROVIDED IN SECTION 1234105 (1) (c),
C.R.S., OR A STATEMENT IN SUBSTANTIALLY SIMILAR FORM, INDICATING
A DECISION REGARDING ORGAN AND TISSUE DONATION. SUCH A DOCUMENT
SHALL BE EXECUTED IN ACCORDANCE WITH THE PROVISIONS OF THE "UNIFORM
ANATOMICAL GIFT ACT", ARTICLE 34 OF TITLE 12, C.R.S. SUCH
A WRITTEN STATEMENT MAY BE IN THE FOLLOWING FORM:
I HEREBY MAKE AN ANATOMICAL GIFT, TO BE EFFECTIVE
UPON MY DEATH, OF:
A. __ ANY NEEDED ORGANS/TISSUES
B.__ THE FOLLOWING ORGANS/TISSUES:
DONOR SIGNATURE: _______________________________
SECTION 6. 1514603
(3), Colorado Revised Statutes, is amended to read:
1514603. Applicability.
(3) (a) The authority of an attorneyinfact
or an agent to act on behalf of the principal may include, but
is not limited to, the powers specified in sections 1514501
to 1514506.
(b) ANY DURABLE POWER OF ATTORNEY EXECUTED
UNDER THIS PART 6 MAY ALSO HAVE A DOCUMENT WITH A WRITTEN STATEMENT
AS PROVIDED IN SECTION 1234105 (1) (c), C.R.S., OR
A STATEMENT IN SUBSTANTIALLY SIMILAR FORM, INDICATING A DECISION
REGARDING ORGAN AND TISSUE DONATION. SUCH A DOCUMENT SHALL BE
EXECUTED IN ACCORDANCE WITH THE PROVISIONS OF THE "UNIFORM
ANATOMICAL GIFT ACT", ARTICLE 34 OF TITLE 12, C.R.S. SUCH
A WRITTEN STATEMENT MAY BE IN THE FOLLOWING FORM:
I HEREBY MAKE AN ANATOMICAL GIFT, TO BE EFFECTIVE
UPON MY DEATH, OF:
A. __ ANY NEEDED ORGANS/TISSUES
B.__ THE FOLLOWING ORGANS/TISSUES:
DONOR SIGNATURE: _______________________________
SECTION 7. 1518104,
Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW
SUBSECTION to read:
1518104. Declaration as
to medical treatment. (4) ANY
DECLARATION MADE PURSUANT TO SUBSECTION (3) OF THIS SECTION MAY
ALSO HAVE A DOCUMENT WITH A WRITTEN STATEMENT AS PROVIDED IN SECTION
1234105 (1) (c), C.R.S., OR A WRITTEN STATEMENT IN
SUBSTANTIALLY SIMILAR FORM, INDICATING A DECISION REGARDING ORGAN
AND TISSUE DONATION. SUCH A DOCUMENT SHALL BE EXECUTED IN ACCORDANCE
WITH THE PROVISIONS OF THE "UNIFORM ANATOMICAL GIFT ACT",
ARTICLE 34 OF TITLE 12, C.R.S. SUCH A WRITTEN STATEMENT MAY BE
IN THE FOLLOWING FORM:
I HEREBY MAKE AN ANATOMICAL GIFT, TO BE EFFECTIVE
UPON MY DEATH, OF:
A. __ ANY NEEDED ORGANS/TISSUES
B.__ THE FOLLOWING ORGANS/TISSUES:
DONOR SIGNATURE: _______________________________
SECTION 8. 1518.6103
(2), Colorado Revised Statutes, is amended BY THE ADDITION OF
A NEW PARAGRAPH to read:
1518.6103. CPR directive
forms duties of state board of health.
(2) CPR directive protocols to be adopted by the state
board shall require the following information concerning the person
who is the subject of the CPR directive:
(i) THE PERSON'S DIRECTIVE IN THE FORM
OF A DOCUMENT WITH A WRITTEN STATEMENT AS PROVIDED IN SECTION
1234105 (1) (c), C.R.S., OR A STATEMENT IN SUBSTANTIALLY
SIMILAR FORM, INDICATING A DECISION REGARDING TISSUE DONATION.
SUCH A DOCUMENT SHALL BE EXECUTED IN ACCORDANCE WITH THE PROVISIONS
OF THE "UNIFORM ANATOMICAL GIFT ACT", ARTICLE 34 OF
TITLE 12, C.R.S. SUCH A WRITTEN STATEMENT MAY BE IN THE FOLLOWING
FORM:
I HEREBY MAKE AN ANATOMICAL GIFT, TO BE EFFECTIVE
UPON MY DEATH, OF:
A. __ANY NEEDED TISSUES
B.__THE FOLLOWING TISSUES:
__ SKIN
__ CORNEA
__ BONE, RELATED TISSUES, AND TENDONS
DONOR SIGNATURE: _______________________________
SECTION 9. 422107
(4) (a), (4) (b) (II), (4) (b) (III) (B), and (4) (b) (VII), Colorado
Revised Statutes, are amended to read:
422107. Application for
license or instruction permit anatomical gifts donations
to organ and tissue donation awareness fund legislative
declaration. (4) (a) The
department shall ALSO provide on the front
side of each driver's license or provisional driver's license
a space for indicating when the licensee has made an anatomical
gift pursuant to part 1 of article 34 of title 12, C.R.S. The
department shall also provide on the
reverse side of such license a card
INFORMATION as provided in section 1234105 (5) (a),
C.R.S.
(b) (II) There is hereby created
in the state treasury the organ and tissue donation awareness
fund, which shall consist of all moneys credited thereto from
all sources including but not limited to moneys collected from
voluntary contributions for organ and tissue donation pursuant
to subparagraph (V) of this paragraph (b) and section 422118
(1) (a) (II). All moneys in the fund at
the end of any fiscal year, after appropriations made pursuant
to subparagraph (III) of this paragraph (b),
ARE HEREBY CONTINUOUSLY APPROPRIATED TO THE DEPARTMENT OF THE
TREASURY AND shall remain in the fund to be used for the purposes
set forth in subparagraph (III) of this paragraph (b) and shall
not revert to the general fund or any other fund. In
accordance with section 2436114, C.R.S.,
All interest derived from the deposit and investment of this fund
shall be credited to the general
fund. MONEYS IN THE FUND SHALL BE EXEMPT FROM THE MONTHLY MANAGEMENT
FEE IMPOSED UNDER SECTION 2436114 (2), C.R.S. At
the end of each fiscal year
LEAST QUARTERLY, the state treasurer shall transfer all designated
AVAILABLE moneys in the organ and tissue donation awareness fund
to the transplant council of the rockies (TCOR), as directed by
subsubparagraph (A) of subparagraph (III) of this paragraph
(b).
(III) The
general assembly shall appropriate annually
AT LEAST QUARTERLY, THE STATE TREASURER SHALL TRANSFER ALL AVAILABLE
MONEYS from the organ and tissue donation awareness fund:
(A) To the transplant council of the rockies
(TCOR), such amount as is necessary
to provide funding for activities to promote organ and tissue
donation through the creation and dissemination, by means of electronic
media and otherwise, of educational information including public
service announcements and information to increase awareness in
the medical professions and related fields. The transplant council
of the rockies (TCOR) shall create, by amendment to its articles
of incorporation or bylaws or otherwise, as appropriate, an advisory
group to allocate moneys received pursuant to this subsubparagraph
(A). Such advisory body shall include a representative of any
qualified transplant organization. Such organizations shall include
those for organs, tissue, bone marrow, and blood. The advisory
body created under this subsubparagraph (A) shall report
in writing in a form and manner determined by the department and
at such intervals as required by the department on the use of
moneys received under this subsubparagraph (A). No moneys
made available pursuant to this paragraph (b) shall be used to
encourage fetal tissue donation.
(B) To the
department of revenue its costs of administering moneys designated
as contributions to the fund pursuant to this paragraph (b).
(VII) This paragraph (b) is repealed,
effective July 1, 1999
2004.
SECTION 10. 422118
(1) (a) (II), Colorado Revised Statutes, is amended to read:
422118. Renewal of license
in person or by mail donations to organ and tissue donation
awareness fund. (1) (a) (II) (A) An
applicant may make a donation of one dollar to the organ and tissue
donation awareness fund, created in section 422107
(4) (b) (II), to promote the donation of organs and tissues under
the provisions of the "Uniform Anatomical Gift Act",
part 1 of article 34 of title 12, C.R.S. The department shall
collect such donations and transmit them to the state treasurer,
who shall credit the same to the organ and tissue donation awareness
fund. The donation prescribed in this subsubparagraph (A)
is voluntary and may be refused by the applicant. The department
shall make available informational booklets or other informational
sources on the importance of organ and tissue donations to applicants
as designed and approved by the advisory body created under section
422107 (4) (b) (III) (A). The department shall inquire
of each applicant at the time the completed application is presented
whether the applicant is interested in making the one dollar donation
prescribed in this subsubparagraph (A) and shall also specifically
inform the applicant of the option for organ and tissue donations
by completing the card on the reverse
side of the license as provided in section 1234105
(5) (a), C.R.S. HAVING A "Y"
PLACED IN THE DONOR FIELD ON THE FRONT OF THE DOCUMENT.
(B) This subparagraph (II) is repealed,
effective July 1, 1999
2004.
SECTION 11. 2436114
(2), Colorado Revised Statutes, is amended BY THE ADDITION OF
A NEW PARAGRAPH to read:
2436114. How interest earnings
credited management fee. (2) (j) THE
PROVISIONS OF THIS SUBSECTION (2) SHALL NOT APPLY TO THE ORGAN
AND TISSUE DONATION AWARENESS FUND CREATED IN SECTION 422107
(4) (b) (II), C.R.S.
SECTION 12. Safety
clause. The general assembly hereby finds, determines, and
declares that this act is necessary for the immediate preservation
of the public peace, health, and safety.
____________________________ ____________________________
Tom Norton Charles E. Berry
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Patricia K. Dicks Judith M. Rodrigue
ASSISTANT SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE
OF COLORADO