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AN ACT

RELATING TO ANATOMICAL GIFTS; ENACTING THE JONATHAN SPRADLING

REVISED UNIFORM ANATOMICAL GIFT ACT; REVISING STATUTORY

REFERENCES; RECOMPILING AND REPEALING SECTIONS OF THE UNIFORM

ANATOMICAL GIFT ACT; PROVIDING PENALTIES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. SHORT TITLE.--Sections 1 through 25 of this

act may be cited as the "Jonathan Spradling Revised Uniform

Anatomical Gift Act".

Section 2. DEFINITIONS.--As used in the Jonathan

Spradling Revised Uniform Anatomical Gift Act:

A. "adult" means an individual who is at least

sixteen years of age;

B. "agent" means an individual:

(1) authorized to make health care decisions

on the principal's behalf by a power of attorney for health

care; or

(2) expressly authorized to make an

anatomical gift on the principal's behalf by any other record

signed by the principal;

C. "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;

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D. "decedent" means a deceased individual whose

body or part is or may be the source of an anatomical gift.

"Decedent" includes a stillborn infant and, subject to

restrictions imposed by law other than the Jonathan Spradling

Revised Uniform Anatomical Gift Act, a fetus but not including

a fetus that is the subject of an induced abortion;

E. "disinterested witness" means a witness other

than the spouse, child, parent, sibling, grandchild,

grandparent or guardian of the individual who makes, amends,

revokes or refuses to make an anatomical gift, or another

adult who exhibited special care and concern for the

individual. "Disinterested witness" does not include a person

to which an anatomical gift could pass pursuant to Section 11

of the Jonathan Spradling Revised Uniform Anatomical Gift Act;

F. "document of gift" means a donor card or other

record used to make an anatomical gift. "Document of gift"

includes a statement or symbol on a driver's license,

identification card or donor registry;

G. "donor" means an individual whose body or part

is the subject of an anatomical gift;

H. "donor registry" means a database that contains

records of anatomical gifts and amendments to or revocations

of anatomical gifts;

I. "driver's license" means a license or permit

issued by the motor vehicle division of the taxation and

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revenue department to operate a vehicle, whether or not

conditions are attached to the license or permit;

J. "eye bank" means a person that is licensed,

accredited or regulated pursuant to federal or state law to

engage in the recovery, screening, testing, processing,

storage or distribution of human eyes or portions of human

eyes;

K. "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;

L. "hospital" means a facility licensed as a

hospital pursuant to the law of any state or a facility

operated as a hospital by the United States, a state or a

subdivision of a state;

M. "identification card" means an identification

card issued by the motor vehicle division of the taxation and

revenue department;

N. "know" means to have actual knowledge;

O. "minor" means an individual who is under

eighteen years of age;

P. "organ procurement organization" means a person

designated by the secretary of the federal department of

health and human services as an organ procurement

organization;

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Q. "parent" means a parent whose parental rights

have not been terminated;

R. "part" means an organ, an eye or tissue of a

human being. "Part" does not include the whole body;

S. "person" means an individual, corporation,

business trust, estate, trust, partnership, limited liability

company, association, joint venture, public corporation,

government or governmental subdivision, agency or

instrumentality, or any other legal or commercial entity;

T. "physician" means an individual authorized to

practice medicine or osteopathy pursuant to the law of any

state;

U. "power of attorney for health care" includes an

advance health-care directive as defined in the Uniform

Health-Care Decisions Act;

V. "procurement organization" means an eye bank,

organ procurement organization or tissue bank;

W. "prospective donor" means an individual who is

dead or near death and has been determined by a procurement

organization to have a part that could be medically suitable

for transplantation, therapy, research or education.

"Prospective donor" does not include an individual who has

made a refusal;

X. "reasonably available" means able to be

contacted by a procurement organization without undue effort

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and willing and able to act in a timely manner consistent with

existing medical criteria necessary for the making of an

anatomical gift;

Y. "recipient" means an individual into whose body

a decedent's part has been or is intended to be transplanted;

Z. "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;

AA. "refusal" means a record created pursuant to

Section 7 of the Jonathan Spradling Revised Uniform Anatomical

Gift Act that expressly states an intent to bar other persons

from making an anatomical gift of an individual's body or

part;

BB. "sign" means, with the present intent to

authenticate or adopt a record:

(1) to execute or adopt a tangible symbol;

or

(2) to attach to or logically associate with

the record an electronic symbol, sound or process;

CC. "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;

DD. "technician" means an individual determined to

be qualified to remove or process parts by an appropriate

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organization that is licensed, accredited or regulated

pursuant to federal or state law. "Technician" includes an

enucleator;

EE. "tissue" means a portion of the human body

other than an organ or an eye. "Tissue" does not include

blood unless the blood is donated for the purpose of research

or education;

FF. "tissue bank" means a person that is licensed,

accredited or regulated pursuant to federal or state law to

engage in the recovery, screening, testing, processing,

storage or distribution of tissue; and

GG. "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. APPLICABILITY.--The Jonathan Spradling

Revised Uniform Anatomical Gift Act applies to an anatomical

gift or amendment to, revocation of or refusal to make an

anatomical gift, whenever made.

Section 4. WHO MAY MAKE ANATOMICAL GIFT BEFORE DONOR'S

DEATH.--Subject to the provisions of Section 8 of the Jonathan

Spradling Revised Uniform Anatomical Gift Act, an anatomical

gift of a donor's body or part may be made during the life of

the donor for the purpose of transplantation, therapy,

research or education in the manner provided in Section 5 of

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the Jonathan Spradling Revised Uniform Anatomical Gift Act by:

A. the donor, if the donor is an adult or if the

donor is a minor and is:

(1) emancipated; or

(2) authorized pursuant to state law to

apply for an instruction permit because the donor is at least

fifteen 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 5. MANNER OF MAKING ANATOMICAL GIFT BEFORE

DONOR'S DEATH.--

A. A donor may make an anatomical gift:

(1) by authorizing a statement or symbol

indicating that the donor has made an anatomical gift to be

imprinted on the donor's driver's license or identification

card;

(2) in a will;

(3) 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;

or

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(4) as provided in Subsection B of this

section.

B. A donor or other person authorized to make an

anatomical gift pursuant to Section 4 of the Jonathan

Spradling Revised Uniform Anatomical Gift Act may make a gift

by a donor card or other record signed by the donor or other

person making the gift or by authorizing that a statement or

symbol indicating that the donor has made an anatomical gift

be included on a donor registry. If the donor or other person

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 shall:

(1) 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

(2) state that it has been signed and

witnessed as provided in Paragraph (1) of this subsection.

C. Revocation, suspension, expiration or

cancellation of a driver's license or identification card upon

which an anatomical gift is indicated does not invalidate the

gift.

D. 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 anatomical gift.

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Section 6. AMENDING OR REVOKING ANATOMICAL GIFT BEFORE

DONOR'S DEATH.--

A. Subject to the provisions of Section 8 of the

Jonathan Spradling Revised Uniform Anatomical Gift Act, a

donor or other person authorized to make an anatomical gift

pursuant to Section 4 of that act may amend or revoke an

anatomical gift by:

(1) a record signed by:

(a) the donor;

(b) the other person; or

(c) subject to the provisions of

Subsection B 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

(2) 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.

B. A record signed pursuant to Subparagraph (c) of

Paragraph (1) of Subsection A of this section shall:

(1) 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

(2) state that it has been signed and

witnessed as provided in Paragraph (1) of this subsection.

C. Subject to the provisions of Section 8 of the

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Jonathan Spradling Revised Uniform Anatomical Gift Act, a

donor or other person authorized to make an anatomical gift

pursuant to Section 4 of that 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.

D. 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.

E. 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

A of this section.

Section 7. REFUSAL TO MAKE ANATOMICAL GIFT--EFFECT OF

REFUSAL.--

A. An individual may refuse to make an anatomical

gift of the individual's body or part by:

(1) a record signed by:

(a) the individual; or

(b) subject to the provisions of

Subsection B of this section, another individual acting at the

direction of the individual if the individual is physically

unable to sign;

(2) the individual's will, whether or not

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the will is admitted to probate or invalidated after the

individual's death; or

(3) 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.

B. A record signed pursuant to Subparagraph (b) of

Paragraph (1) of Subsection A of this section shall:

(1) 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

(2) state that it has been signed and

witnessed as provided in Paragraph (1) of this subsection.

C. An individual who has made a refusal may amend

or revoke the refusal:

(1) in the manner provided in Subsection A

of this section for making a refusal;

(2) by subsequently making an anatomical

gift pursuant to Section 5 of the Jonathan Spradling Revised

Uniform Anatomical Gift Act that is inconsistent with the

refusal; or

(3) by destroying or canceling the record

evidencing the refusal, or the portion of the record used to

make the refusal, with the intent to revoke the refusal.

D. Except as otherwise provided in Subsection H of

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Section 8 of the Jonathan Spradling Revised Uniform Anatomical

Gift 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 part bars all other persons from making

an anatomical gift of the individual's body or part.

Section 8. PRECLUSIVE EFFECT OF ANATOMICAL GIFT,

AMENDMENT OR REVOCATION.--

A. Except as otherwise provided in Subsection G of

this section and subject to the provisions of Subsection F of

this section, in the absence of an express, contrary

indication by the donor, a person other than the donor is

barred from making, amending or revoking an anatomical gift of

a donor's body or part if the donor made an anatomical gift of

the donor's body or part pursuant to Section 5 of the Jonathan

Spradling Revised Uniform Anatomical Gift Act or an amendment

to an anatomical gift of the donor's body or part pursuant to

Section 6 of that act.

B. A donor's revocation of an anatomical gift of

the donor's body or part pursuant to Section 6 of the Jonathan

Spradling Revised Uniform Anatomical Gift Act is not a refusal

and does not bar another person specified in Section 4 or 9 of

that act from making an anatomical gift of the donor's body or

part pursuant to Section 5 or 10 of that act.

C. If a person other than the donor makes an

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unrevoked anatomical gift of the donor's body or part pursuant

to Section 5 of the Jonathan Spradling Revised Uniform

Anatomical Gift Act or an amendment to an anatomical gift of

the donor's body or part pursuant to Section 6 of that act,

another person may not make, amend or revoke the gift of the

donor's body or part pursuant to Section 10 of that act.

D. A revocation of an anatomical gift of a donor's

body or part pursuant to Section 6 of the Jonathan Spradling

Revised Uniform Anatomical Gift Act by a person other than the

donor does not bar another person from making an anatomical

gift of the body or part pursuant to Section 5 or 10 of that

act.

E. In the absence of an express, contrary

indication by the donor or other person authorized to make an

anatomical gift pursuant to Section 4 of the Jonathan

Spradling Revised Uniform Anatomical Gift Act, an anatomical

gift of a part is neither a refusal to give another part nor a

limitation on the making of an anatomical gift of another part

at a later time by the donor or another person.

F. In the absence of an express, contrary

indication by the donor or other person authorized to make an

anatomical gift pursuant to Section 4 of the Jonathan

Spradling Revised Uniform Anatomical Gift Act, an anatomical

gift of a part for one or more of the purposes set forth in

Section 4 of that act is not a limitation on the making of an

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anatomical gift of the part for any of the other purposes by

the donor or any other person pursuant to Section 5 or 10 of

that act.

G. 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 part.

H. 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 9. WHO MAY MAKE ANATOMICAL GIFT OF DECEDENT'S

BODY OR PART.--

A. Subject to the provisions of Subsections B and

C of this section and unless barred by Section 7 or 8 of the

Jonathan Spradling Revised Uniform Anatomical Gift Act, an

anatomical gift of a decedent's body or 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 order of priority listed:

(1) an agent of the decedent at the time of

death who could have made an anatomical gift pursuant to

Subsection B of Section 4 of the Jonathan Spradling Revised

Uniform Anatomical Gift Act immediately before the decedent's

death;

(2) the spouse of the decedent unless

legally separated or unless there is a pending action for

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annulment, divorce, dissolution of marriage or separation;

(3) adult children of the decedent;

(4) parents of the decedent;

(5) adult siblings of the decedent;

(6) adult grandchildren of the decedent;

(7) grandparents of the decedent;

(8) an adult who exhibited special care and

concern for the decedent;

(9) the persons who were acting as the

guardians of the person of the decedent at the time of death;

and

(10) any other person having the authority

to dispose of the decedent's body.

B. If there is more than one member of a class

listed in Paragraphs (1), (3), (4), (5), (6), (7) and (9) of

Subsection A 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

pursuant to Section 11 of the Jonathan Spradling Revised

Uniform Anatomical Gift 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.

C. A person may not make an anatomical gift if, at

the time of the decedent's death, a person in a prior class

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pursuant to Subsection A of this section is reasonably

available to make or to object to the making of an anatomical

gift.

Section 10. MANNER OF MAKING, AMENDING OR REVOKING

ANATOMICAL GIFT OF DECEDENT'S BODY OR PART.--

A. A person authorized to make an anatomical gift

pursuant to Section 9 of the Jonathan Spradling Revised

Uniform Anatomical Gift 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.

B. Subject to the provisions of Subsection C of

this section, an anatomical gift by a person authorized

pursuant to Section 9 of the Jonathan Spradling Revised

Uniform Anatomical Gift 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 pursuant to Section 9 of that act may be:

(1) amended only if a majority of the

reasonably available members agree to the amending of the

gift; or

(2) revoked only if a majority of the

reasonably available members agree to the revoking of the gift

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or if they are equally divided as to whether to revoke the

gift.

C. A revocation pursuant to Subsection B of this

section is effective only if, before an incision has been made

to remove a part from the donor's body or before invasive

procedures have begun to prepare the recipient, the

procurement organization, transplant hospital or physician or

technician knows of the revocation.

Section 11. PERSONS THAT MAY RECEIVE ANATOMICAL GIFT--

PURPOSE OF ANATOMICAL GIFT.--

A. An anatomical gift may be made to the following

persons named in the document of gift:

(1) a hospital; accredited medical school,

dental school, college or university; organ procurement

organization; or other appropriate person, for research or

education;

(2) subject to the provisions of Subsection

B of this section, an individual designated by the person

making the anatomical gift if the individual is the recipient

of the part; and

(3) an eye bank or tissue bank.

B. If an anatomical gift to an individual pursuant

to Paragraph (2) of Subsection A of this section cannot be

transplanted into the individual, the part passes in

accordance with Subsection G of this section in the absence of

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an express, contrary indication by the person making the

anatomical gift.

C. If an anatomical gift of one or more specific

parts or of all parts is made in a document of gift that does

not name a person described in Subsection A of this section

but identifies the purpose for which an anatomical gift may be

used, the following rules apply:

(1) if the part is an eye and the gift is

for the purpose of transplantation or therapy, the gift passes

to the appropriate eye bank;

(2) if the part is tissue and the gift is

for the purpose of transplantation or therapy, the gift passes

to the appropriate tissue bank;

(3) if the 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; and

(4) if the 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.

D. For the purpose of Subsection C 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 shall be used for

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transplantation or therapy, if suitable. If the gift cannot

be used for transplantation or therapy, the gift may be used

for research or education.

E. If an anatomical gift of one or more specific

parts is made in a document of gift that does not name a

person described in Subsection A 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 G of this section.

F. 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 G

of this section.

G. For purposes of Subsections B, E and F of this

section the following rules apply:

(1) if the part is an eye, the gift passes

to the appropriate eye bank;

(2) if the part is tissue, the gift passes

to the appropriate tissue bank; and

(3) if the part is an organ, the gift passes

to the appropriate organ procurement organization as custodian

of the organ.

H. An anatomical gift of an organ for

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transplantation or therapy, other than an anatomical gift

pursuant to Paragraph (2) of Subsection A of this section,

passes to the organ procurement organization as custodian of

the organ.

I. If an anatomical gift does not pass pursuant to

Subsections A through H of this section or the decedent's body

or part is not used for transplantation, therapy, research or

education, custody of the body or part passes to the person

under obligation to dispose of the body or part.

J. A person may not accept an anatomical gift if

the person knows that the gift was not effectively made

pursuant to Section 5 or 10 of the Jonathan Spradling Revised

Uniform Anatomical Gift Act or if the person knows that the

decedent made a refusal pursuant to Section 7 of that 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.

K. Except as otherwise provided in Paragraph (2)

of Subsection A of this section, nothing in the Jonathan

Spradling Revised Uniform Anatomical Gift Act affects the

allocation of organs for transplantation or therapy.

Section 12. SEARCH AND NOTIFICATION.--

A. The following persons shall make a reasonable

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search of an individual who the person reasonably believes 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:

(1) a law enforcement officer, firefighter,

paramedic or other emergency rescuer finding the individual;

and

(2) if no other source of the information is

immediately available, a hospital, as soon as practical after

the individual's arrival at the hospital.

B. If a document of gift or a refusal to make an

anatomical gift is located by the search required by Paragraph

(1) of Subsection 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 refusal to the hospital.

C. 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 13. DELIVERY OF DOCUMENT OF GIFT NOT REQUIRED--

RIGHT TO EXAMINE.--

A. A document of gift need not be delivered during

the donor's lifetime to be effective.

B. Upon or after an individual's death, a person

in possession of a document of gift or a refusal to make an

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anatomical gift with respect to the individual shall allow

examination and copying of the document of gift or 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 which the gift could pass pursuant to Section 11 of the

Jonathan Spradling Revised Uniform Anatomical Gift Act.

Section 14. RIGHTS AND DUTIES OF PROCUREMENT

ORGANIZATION AND OTHERS.--

A. 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 motor vehicle

division of the taxation and revenue department 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.

B. A procurement organization shall be allowed

reasonable access to information in the records of the motor

vehicle division of the taxation and revenue department to

ascertain whether an individual at or near death is a donor.

C. 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 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

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examination period, measures necessary to ensure the medical

suitability of the part may not be withdrawn unless the

hospital or procurement organization knows that the individual

expressed a contrary intent.

D. Unless prohibited by law other than the

Jonathan Spradling Revised Uniform Anatomical Gift Act, at any

time after a donor's death, the person to which a part passes

pursuant to Section 11 of that act may conduct any reasonable

examination necessary to ensure the medical suitability of the

body or part for its intended purpose.

E. Unless prohibited by law other than the

Jonathan Spradling Revised Uniform Anatomical Gift Act, an

examination pursuant to Subsection C or D of this section may

include an examination of all medical and dental records of

the donor or prospective donor.

F. 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.

G. Upon referral by a hospital pursuant to

Subsection A of this section, a procurement organization shall

make a reasonable search for any person listed in Section 9 of

the Jonathan Spradling Revised Uniform Anatomical Gift Act

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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.

H. Subject to the provisions of Subsection I of

Section 11 and Section 23 of the Jonathan Spradling Revised

Uniform Anatomical Gift Act, the rights of the person to which

a part passes pursuant to Section 11 of that act are superior

to the rights of all others with respect to the 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 the

Jonathan Spradling Revised Uniform Anatomical Gift Act, a

person that 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 part, the person to

which the part passes pursuant to Section 11 of the Jonathan

Spradling Revised Uniform Anatomical Gift Act, upon the death

of the donor and before embalming, burial or cremation, shall

cause the part to be removed without unnecessary mutilation.

I. 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 part from the decedent.

J. A physician or technician may remove a donated

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part from the body of a donor that the physician or technician

is qualified to remove.

Section 15. COORDINATION OF PROCUREMENT AND USE.--Each

hospital in this state shall enter into agreements or

affiliations with procurement organizations for coordination

of procurement and use of anatomical gifts.

Section 16. SALE OR PURCHASE OF PARTS PROHIBITED.--

A. Except as otherwise provided in Subsection B of

this section, a person who for valuable consideration,

knowingly purchases or sells a part for transplantation or

therapy if removal of a part from an individual is intended to

occur after the individual's death commits a third degree

felony and upon conviction is subject to a fine not exceeding

five thousand dollars ($5,000) or imprisonment not exceeding

six years, or both.

B. A person may charge a reasonable amount for the

removal, processing, preservation, quality control, storage,

transportation, implantation or disposal of a part.

Section 17. OTHER PROHIBITED ACTS.--A person who, 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, commits a third degree felony and upon conviction is

subject to a fine not exceeding five thousand dollars ($5,000)

or imprisonment not exceeding six years, or both.

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Section 18. IMMUNITY.--

A. A person that acts in accordance with the

Jonathan Spradling Revised Uniform Anatomical Gift 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.

B. 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.

C. In determining whether an anatomical gift has

been made, amended or revoked pursuant to the Jonathan

Spradling Revised Uniform Anatomical Gift Act, a person may

rely upon representations of an individual listed in Paragraph

(2), (3), (4), (5), (6), (7) or (8) of Subsection A of Section

9 of that act relating to the individual's relationship to the

donor or prospective donor unless the person knows that the

representation is untrue.

Section 19. LAW GOVERNING VALIDITY--CHOICE OF LAW AS TO

EXECUTION OF DOCUMENT OF GIFT--PRESUMPTION OF VALIDITY.--

A. A document of gift is valid if executed in

accordance with:

(1) the Jonathan Spradling Revised Uniform

Anatomical Gift Act;

(2) the laws of the state or country where

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it was executed; or

(3) the laws of the state or country where

the person making the anatomical gift was domiciled, has a

place of residence or was a national at the time the document

of gift was executed.

B. If a document of gift is valid pursuant to this

section, the law of this state governs the interpretation of

the document of gift.

C. 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 20. DONOR REGISTRY.--

A. The motor vehicle division of the taxation and

revenue department shall establish a donor registry pursuant

to the provisions of Subsection B of Section 66-5-10 NMSA

1978.

B. The motor vehicle division of the taxation and

revenue department shall cooperate with a person that

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, amendment to or revocation of an anatomical

gift.

C. A donor registry shall:

(1) allow a donor or other person authorized

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pursuant to Section 4 of the Jonathan Spradling Revised

Uniform Anatomical Gift Act to include on the donor registry a

statement or symbol that the donor has made, amended or

revoked an anatomical gift;

(2) be accessible to a procurement

organization to allow it 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

(3) be accessible for purposes of Paragraphs

(1) and (2) of this subsection seven days a week on a twenty-

four-hour basis.

D. 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.

E. 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 shall comply with the provisions of Subsections C and

D of this section.

Section 21. EFFECT OF ANATOMICAL GIFT ON ADVANCE

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HEALTH-CARE DIRECTIVE.--

A. As used in this section:

(1) "advance health-care directive" means a

power of attorney for health care, a health-care directive

made pursuant to the provisions of the Uniform Health-Care

Decisions Act or a record signed by a prospective donor

containing the prospective donor's direction concerning a

health-care decision for the prospective donor;

(2) "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; and

(3) "health-care decision" means any

decision made regarding the health care of the prospective

donor.

B. If a prospective donor has a declaration or

advance health-care 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 expressly provides to the

contrary.

Section 22. COOPERATION BETWEEN OFFICE OF THE STATE

MEDICAL INVESTIGATOR AND PROCUREMENT ORGANIZATION.--

A. The office of the state medical investigator

shall cooperate with procurement organizations to maximize the

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opportunity to recover anatomical gifts for the purpose of

transplantation, therapy, research or education.

B. If the office of the state medical investigator

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 office

of the state medical investigator and a post-mortem

examination is going to be performed, unless the office of the

state medical investigator denies recovery in accordance with

Section 23 of the Jonathan Spradling Revised Uniform

Anatomical Gift Act, the office of the state medical

investigator or its designee shall conduct a post-mortem

examination of the body or the part in a manner and within a

period compatible with its preservation for the purposes of

the anatomical gift.

C. A part may not be removed from the body of a

decedent under the jurisdiction of the office of the state

medical investigator for transplantation, therapy, research or

education unless the part is the subject of an anatomical

gift. The body of a decedent under the jurisdiction of the

office of the state medical investigator 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 the office of the state medical investigator from

performing the medico-legal investigation upon the body or

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parts of a decedent under the jurisdiction of the office of

the state medical investigator.

Section 23. FACILITATION OF ANATOMICAL GIFT FROM

DECEDENT WHOSE BODY IS UNDER JURISDICTION OF THE OFFICE OF THE

STATE MEDICAL INVESTIGATOR.--

A. Upon request of a procurement organization, the

office of the state medical investigator 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 office of the state medical

investigator. If the decedent's body or part is medically

suitable for transplantation, therapy, research or education,

the office of the state medical investigator 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 office of the state

medical investigator only if relevant to transplantation or

therapy.

B. The office of the state medical investigator

may conduct a medico-legal investigation 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 office of the state medical

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investigator that the office of the state medical investigator

determines may be relevant to the investigation.

C. A person that has any information requested by

the office of the state medical investigator pursuant to

Subsection B of this section shall provide that information as

expeditiously as possible to allow the office of the state

medical investigator to conduct the medico-legal investigation

within a period compatible with the preservation of parts for

the purpose of transplantation, therapy, research or

education.

D. If an anatomical gift has been or might be made

of a part of a decedent whose body is under the jurisdiction

of the office of the state medical investigator and a post-

mortem examination is not required, or the office of the state

medical investigator determines that a post-mortem examination

is required but that the recovery of the part that is the

subject of an anatomical gift will not interfere with the

examination, the office of the state medical investigator and

the procurement organization shall cooperate in the timely

removal of the part from the decedent for the purpose of

transplantation, therapy, research or education.

E. If an anatomical gift of a part from the

decedent under the jurisdiction of the office of the state

medical investigator has been or might be made, but the office

of the state medical investigator initially believes that the

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recovery of the part could interfere with the post-mortem

investigation into the decedent's cause or manner of death,

the office of the state medical investigator shall consult

with the procurement organization or physician or technician

designated by the procurement organization about the proposed

recovery. After consultation, the office of the state medical

investigator may allow the recovery.

F. Following the consultation pursuant to

Subsection E of this section, in the absence of mutually

agreed-upon protocols to resolve conflict between the office

of the state medical investigator and the procurement

organization, if the office of the state medical investigator

intends to deny recovery, the office of the state medical

investigator or its designee, at the request of the

procurement organization, shall attend the removal procedure

for the part before making a final determination not to allow

the procurement organization to recover the part. During the

removal procedure, the office of the state medical

investigator or its designee may allow recovery by the

procurement organization to proceed, or, if the office of the

state medical investigator or its designee reasonably believes

that the part may be involved in determining the decedent's

cause or manner of death, may deny recovery by the procurement

organization.

G. If the office of the state medical investigator

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or its designee denies recovery pursuant to Subsection F of

this section, the office of the state medical investigator or

its designee shall:

(1) explain in a record the specific reasons

for not allowing recovery of the part;

(2) include the specific reasons in the

records of the office of the state medical investigator; and

(3) provide a record with the specific

reasons to the procurement organization.

H. If the office of the state medical investigator

or its designee allows recovery of a part pursuant to

Subsection D, E or F of this section, the procurement

organization, upon request, shall cause the physician or

technician who removes the part to provide the office of the

state medical investigator with a record describing the

condition of the part, a biopsy, a photograph and any other

information and observations that would assist in the post-

mortem examination.

I. If the office of the state medical investigator

or its designee is required to be present at a removal

procedure pursuant to Subsection F of this section, upon

request the procurement organization requesting the recovery

of the part shall reimburse the office of the state medical

investigator or its designee for the additional costs incurred

in complying with the provisions of Subsection F of this

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section.

Section 24. UNIFORMITY OF APPLICATION AND

CONSTRUCTION.--In applying and construing the Jonathan

Spradling Revised Uniform Anatomical Gift Act, consideration

shall be given to the need to promote uniformity of the law

with respect to its subject matter among states that enact it.

Section 25. RELATION TO ELECTRONIC SIGNATURES IN GLOBAL

AND NATIONAL COMMERCE ACT.--The Jonathan Spradling Revised

Uniform Anatomical Gift Act modifies, limits and supersedes

the Electronic Signatures in Global and National Commerce Act,

15 U.S.C. Section 7001 et seq., but does not modify, limit or

supersede Section 101(a) of that act, 15 U.S.C. Section 7001,

or authorize electronic delivery of any of the notices

described in Section 103(b) of that act, 15 U.S.C. Section

7003(b).

Section 26. Section 12-2-4 NMSA 1978 (being Laws 1993,

Chapter 174, Section 1) is amended to read:

"12-2-4. DETERMINATION OF DEATH.--

A. For all medical, legal and statutory purposes,

death occurs when an individual has sustained either:

(1) irreversible cessation of circulatory or

respiratory functions; or

(2) irreversible cessation of all functions

of the entire brain, including the brain stem.

B. A determination of death shall be made in

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accordance with accepted medical standards.

C. Death is to be pronounced pursuant to the

provisions of Subsection A of this section before artificial

means of supporting circulatory or respiratory functions are

terminated and before any vital organ is removed for purposes

of transplantation, therapy, research or education in

compliance with the provisions of the Jonathan Spradling

Revised Uniform Anatomical Gift Act.

D. The definition of death set forth in Subsection

A of this section is to be utilized for all purposes in this

state, including civil and criminal actions, notwithstanding

any other law to the contrary."

Section 27. Section 14-16-3 NMSA 1978 (being Laws 2001,

Chapter 131, Section 3) is amended to read:

"14-16-3. SCOPE.--

(a) Except as otherwise provided in Subsection

(b), the Uniform Electronic Transactions Act applies to

electronic records and electronic signatures relating to a

transaction.

(b) The Uniform Electronic Transactions Act does

not apply to:

(1) a transaction to the extent it is

governed by:

(i) a law governing the creation and

execution of wills, codicils or testamentary trusts;

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(ii) the Uniform Commercial Code, other

than Sections 55-1-107 and 55-1-206 NMSA 1978 and Chapter 55,

Articles 2 and 2A NMSA 1978; or

(iii) court orders, notices or official

court documents, including briefs, pleadings and other

records, required to be executed in connection with court

proceedings;

(2) a notice concerning:

(i) the cancellation or termination of

utility services, including water, heat or power services;

(ii) default, acceleration,

repossession, foreclosure, eviction or the right to cure,

under a credit agreement secured by or a rental agreement for

a primary residence of an individual; or

(iii) the cancellation or termination

of health insurance or benefits or life insurance or benefits,

but not including annuities; or

(3) any document required to accompany any

transportation or handling of hazardous materials, pesticides

or other toxic or dangerous materials.

(c) The Uniform Electronic Transactions Act

applies to an electronic record or electronic signature

otherwise excluded from the application of that act under

Subsection (b) to the extent it is governed by a law other

than those specified in Subsection (b).

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(d) A transaction subject to the Uniform

Electronic Transactions Act is also subject to other

applicable substantive law."

Section 28. Section 24-6A-7.1 NMSA 1978 (being Laws

2002, Chapter 42, Section 3) is recompiled in the Jonathan

Spradling Revised Uniform Anatomical Gift Act and is amended

to read:

"24-6A-7.1. DOCUMENT OF GIFT AS A LEGAL DOCUMENT.--A

document of gift constitutes a legal document and has

sufficient legal authority to be accepted by a designated or

undesignated donee of anatomical gifts pursuant to the

Jonathan Spradling Revised Uniform Anatomical Gift Act."

Section 29. Section 24-6A-9.1 NMSA 1978 (being Laws

2000, Chapter 54, Section 7) is recompiled in the Jonathan

Spradling Revised Uniform Anatomical Gift Act and is amended

to read:

"24-6A-9.1. IDENTIFICATION OF POTENTIAL DONORS.--

A. Each hospital in New Mexico, with the

concurrence of its medical staff, shall develop by July 1,

2000 a protocol for identifying potential donors. The

protocol shall be developed in collaboration with a

procurement organization. The protocol shall provide that at

or near the time of a patient's death and prior to the removal

of life support, the hospital shall contact a procurement

organization to determine the suitability of the patient as a

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donor. The person designated by the hospital to contact the

procurement organization shall have the following information

available prior to making the contact:

(1) the patient's identifier number;

(2) the patient's age;

(3) the cause of death; and

(4) any past medical history available.

B. The procurement organization shall determine

the suitability for donation. If the procurement organization

determines that donation is not appropriate based on

established medical criteria, that determination shall be

noted by hospital personnel on the patient's record and no

further action is necessary.

C. If the procurement organization determines that

the patient is a suitable candidate for donation, the

procurement organization shall initiate donor proceedings by

making a reasonable search for a document of gift or other

information identifying the patient as a donor or as a person

who has refused to make an anatomical gift.

D. The hospital must have and implement written

protocols that:

(1) incorporate an agreement with a

procurement organization under which the hospital must notify,

in a timely manner, the procurement organization or a third

party designated by the procurement organization of patients

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whose deaths are imminent and prior to the removal of life

support from a patient who has died in the hospital;

(2) ensure that the retrieval, processing,

preservation, storage and distribution of tissues and eyes

does not interfere with vascular organ procurement;

(3) ensure that the family of each potential

donor is informed of its options to donate organs, tissues or

eyes or to decline to donate. The person designated by the

hospital to initiate the request to the family must be a

procurement organization employee or a designated requester;

(4) encourage discretion and sensitivity

with respect to the circumstances, views and beliefs of the

families of potential donors; and

(5) ensure that the hospital works

cooperatively with the procurement organization in educating

hospital staff on donation issues, reviewing death records to

improve identification of potential donors and maintaining

potential donors while necessary testing and placement of

anatomical gifts take place.

E. Every hospital in the state shall establish a

committee to develop and implement its organ and tissue

donation policy and procedure to assist its staff in

identifying and evaluating terminal patients who may be

suitable organ or tissue donors. The committee shall include

members of the administrative, medical and nursing staffs and

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shall appoint a member to act as a liaison between the

hospital and the state procurement organization."

Section 30. Section 24-6A-9.2 NMSA 1978 (being Laws

2000, Chapter 54, Section 6) is recompiled in the Jonathan

Spradling Revised Uniform Anatomical Gift Act and is amended

to read:

"24-6A-9.2. DEATH RECORD REVIEWS.--Every hospital shall

work jointly with the appropriate procurement organization to

conduct death record reviews at least annually. The

procurement organization shall compile the results of the

death record reviews and provide a report to the department of

health by September 1 of each year; provided that the report

to the department shall not identify hospitals, donors or

recipients."

Section 31. Section 66-2-7.1 NMSA 1978 (being Laws

1995, Chapter 135, Section 4, as amended) is amended to read:

"66-2-7.1. MOTOR VEHICLE-RELATED RECORDS--

CONFIDENTIAL.--

A. It is unlawful for any department or bureau

employee or contractor or for any former department or bureau

employee or contractor to disclose to any person other than

another employee of the department or bureau any personal

information about an individual obtained by the department in

connection with a driver's license or permit, the titling or

registration of a vehicle, the administration of the Ignition

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Interlock Licensing Act and the interlock device fund or an

identification card issued by the department pursuant to the

Motor Vehicle Code except:

(1) to the individual or the individual's

authorized representative;

(2) for use by any governmental agency,

including any court, in carrying out its functions or by any

private person acting on behalf of the government;

(3) for use in connection with matters of

motor vehicle and driver safety or theft; motor vehicle

emissions; performance monitoring of motor vehicles, motor

vehicle parts and dealers; motor vehicle market research

activities, including survey research; motor vehicle

production alterations, recalls or advisories; and removal of

non-owner records from original owner records of motor vehicle

manufacturers;

(4) for use in research activities and for

use in producing statistical reports, so long as the personal

information is not published, redisclosed or used to contact

individuals;

(5) for use by any insurer or insurance

support organization or by a self-insured entity or its

agents, employees or contractors in connection with claims

investigation activities, antifraud activities, rating or

underwriting;

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(6) for providing notice to owners of towed

or impounded vehicles;

(7) for use by an employer or its agent or

insurer in obtaining or verifying information relating to a

holder of a commercial driver's license;

(8) for use by any requester if the

requester demonstrates that it has obtained the written

consent of the individual to whom the information pertains;

(9) for use by an insured state-chartered or

federally chartered credit union; an insured state or national

bank; an insured state or federal savings and loan

association; or an insured savings bank, but only:

(a) to verify the accuracy of personal

information submitted by an individual to the credit union,

bank, savings and loan association or savings bank; and

(b) if the information as submitted is

not correct or is no longer correct, to obtain the correct

information, but only for the purpose of preventing fraud by

pursuing legal remedies against or recovering on a debt or

security interest from the individual;

(10) for providing organ donor information

as provided in the Jonathan Spradling Revised Uniform

Anatomical Gift Act or Section 66-5-10 NMSA 1978; or

(11) for providing the names and addresses

of all lienholders and owners of record of abandoned vehicles

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to storage facilities or wrecker yards for the purpose of

providing notice as required in Section 66-3-121 NMSA 1978.

B. Any person who violates the provisions of this

section is guilty of a misdemeanor and upon conviction shall

be sentenced in accordance with the provisions of Section 31-

19-1 NMSA 1978."

Section 32. Section 66-5-10 NMSA 1978 (being Laws 1978,

Chapter 35, Section 232, as amended) is amended to read:

"66-5-10. APPLICATION FOR LICENSE--INFORMATION--

TRANSFER TO LICENSE.--

A. Within the forms prescribed by the department

for applications and licenses of drivers of motor vehicles, a

space shall be provided to show whether the applicant is a

donor as provided in the Jonathan Spradling Revised Uniform

Anatomical Gift Act. Anyone applying for a license may, if

the applicant desires, indicate the applicant's donor status

on the space provided on the application, and this

information, if given by an applicant, shall be shown upon the

license issued. The form and driver's license shall be signed

by the donor in the presence of a witness who shall also sign

the form in the donor's presence. The department shall, as

soon as practicable, include the following donor statement on

the application form:

"I,____________________________, hereby make an

(Name of applicant/donor)

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anatomical gift effective upon my death. A

medical evaluation at the time of my death shall

determine the organs and tissues suitable for

donation.

____________________________________

(Signature of donor)

____________________________________

(Signature of parent or guardian is required if the

donor is under fifteen years of age.)".

B. The department shall mark the donor status on

each person's driver's license record and shall retain each

application form or its image of a person who wishes to be a

donor. The department shall create and maintain a statewide

donor registry and shall provide on-line computer terminal

access to the donor registry to organ procurement

organizations and procurement organizations, as defined in the

Jonathan Spradling Revised Uniform Anatomical Gift Act.

Authorized hospital or organ and tissue donor program

personnel, immediately prior to or after a donor's death, may

request verification of the donor's status from the department

and may obtain a copy of the application from the department."

Section 33. Section 66-5-401 NMSA 1978 (being Laws

1978, Chapter 35, Section 328, as amended) is amended to read:

"66-5-401. IDENTIFICATION CARDS.--

A. A person who does not have a valid New Mexico

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driver's license may be issued an identification card by the

department certified by the applicant as to true name, correct

age and other identifying data as the department may require.

Every application for an identification card shall be signed

by the applicant or the applicant's parent or guardian. The

secretary may, for good cause, revoke or deny the issuance of

an identification card.

B. Within the forms prescribed by the department

for identification card applications, a space shall be

provided to show whether the applicant is a donor as provided

in the Jonathan Spradling Revised Uniform Anatomical Gift Act.

A person applying for an identification card may indicate that

person's status on the space provided on the application. The

donor status indicated by the applicant shall be displayed on

the identification card. The form and identification card

shall be signed by the donor in the presence of a witness who

shall also sign the form in the donor's presence."

Section 34. Section 66-7-506.1 NMSA 1978 (being Laws

2000, Chapter 54, Section 11) is amended to read:

"66-7-506.1. DWI PREVENTION AND EDUCATION PROGRAM--

ORGAN DONATION.--DWI prevention and education programs for

instruction permits and driver's licenses shall include

information on organ donation and the provisions of the

Jonathan Spradling Revised Uniform Anatomical Gift Act."

Section 35. REPEAL.--Sections 24-6A-1 through

24-6A-6.1, 24-6A-7, 24-6A-8, 24-6A-9 and 24-6A-10 through

24-6A-15 NMSA 1978 (being Laws 1995, Chapter 116, Sections 1

through 6, Laws 2000, Chapter 54, Section 8 and Laws 1995,

Chapter 116, Sections 7, 8, 9 and 10 through 15, as amended)

are repealed.

Section 36. EFFECTIVE DATE.--The effective date of the

provisions of this act is July 1, 2007.

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