MISSISSIPPI LEGISLATURE
2022 Regular Session
To: Wildlife, Fisheries and Parks
By: Representatives Kinkade, Ford (73rd), Hale, Morgan, Pigott, Powell
AN ACT TO AUTHORIZE THE MISSISSIPPI DEPARTMENT OF WILDLIFE, FISHERIES AND PARKS TO ALLOW AN ONLINE APPLICANT FOR A RESIDENT HUNTING OR FISHING LICENSE TO INDICATE IF THE APPLICANT DESIRES TO BE A DONOR OF AN ANATOMICAL GIFT; TO REQUIRE THE HUNTING OR FISHING LICENSE OF AN ONLINE APPLICANT WHO ELECTS TO BE A DONOR TO INCLUDE A SYMBOL INDICATING THAT THE LICENSE HOLDER IS A DONOR UNDER THE MISSISSIPPI UNIFORM ANATOMICAL GIFT ACT; TO AMEND SECTION 41-39-103, MISSISSIPPI CODE OF 1972, TO DEFINE THE TERM "HUNTING OR FISHING LICENSE" AS USED UNDER THE ANATOMICAL GIFT ACT; TO AMEND SECTION 41-39-107, MISSISSIPPI CODE OF 1972, TO INCLUDE PERSONS APPLYING ONLINE FOR A HUNTING OR FISHING LICENSE WHO ARE OVER THE AGE OF 18 IN THE LIST OF PERSONS ELIGIBLE TO MAKE AN ANATOMICAL GIFT; TO AMEND SECTIONS 41-39-109 AND 41-39-127, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PRECEDING PROVISIONS; TO AMEND SECTION 41-39-139, MISSISSIPPI CODE OF 1972, TO REQUIRE THE DEPARTMENT TO PROVIDE RELEVANT INFORMATION REGARDING A DONOR'S ANATOMICAL GIFT TO A DONOR REGISTRY ESTABLISHED OR CONTRACTED FOR BY THE MISSISSIPPI DEPARTMENT OF PUBLIC SAFETY; TO REQUIRE AN ONLINE APPLICATION FOR THE RENEWAL OF A HUNTING OR FISHING LICENSE TO INCLUDE A QUESTION ASKING THE APPLICANT IF THE INDIVIDUAL DESIRES TO BE A DONOR; TO DIRECT THE CODE PUBLISHERS TO CODIFY SECTION 1 OF THIS ACT WITH THE LAWS GOVERNING HUNTING AND FISHING IN CHAPTER 7, TITLE 49, MISSISSIPPI CODE OF 1972; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) An application through the department's online sales system for a resident hunting or fishing license that is required under this chapter may allow an applicant to indicate whether or not the applicant desires to be a donor of an anatomical gift. If the applicant elects to be a donor, the hunting or fishing license issued to the applicant must include a symbol that indicates that the individual is a donor under the Revised Mississippi Uniform Anatomical Gift Act (Sections 41-39-101 through 41-39-147).
(2) The department is not required to keep a physical record of the donor's application after issuing the hunting or fishing license in order for the anatomical gift to be valid. SECTION 2. Section 41-39-103, Mississippi Code of 1972, is amended as follows:
41-39-103. In Sections 41-39-101 through 41-39-149:
(1) "Adult" means an individual who is at least eighteen (18) years of age.
(2) "Agent" means an individual:
(A) Authorized to make health care decisions on the principal's behalf by a power of attorney for health care; or
(B) Expressly authorized to make an anatomical gift on the principal's behalf by any other record signed by the principal.
(3) "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.
(4) "Decedent" means a deceased individual whose body or part is or may be the source of an anatomical gift. The term includes a stillborn infant and, subject to restrictions imposed by law other than Sections 41-39-101 through 41-39-149, a fetus.
(5) "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. The term does not include a person to which an anatomical gift could pass under Section 41-39-121.
(6) "Document of gift" means a donor card or other record used to make an anatomical gift. The term includes a statement or symbol on a driver's license, identification card, hunting or fishing license, or donor registry.
(7) "Donor" means an individual whose body or part is the subject of an anatomical gift.
(8) "Donor registry" means a database that contains records of anatomical gifts and amendments to or revocations of anatomical gifts.
(9) "Driver's license" means a license or permit issued by the Mississippi Department of Public Safety to operate a vehicle, whether or not conditions are attached to the license or permit.
(10) "Eye bank" means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of human eyes or portions of human eyes.
(11) "Guardian" means a person appointed by a court to make decisions regarding the support, care, education, health, or welfare of an individual. The term does not include a guardian ad litem.
(12) "Hospital" means a facility licensed as a hospital under the law of any state or a facility operated as a hospital by the United States, a state, or a subdivision of a state.
(13) "Hunting or fishing license" means a license to hunt or fish issued under Chapter 7, Title 49, Mississippi Code of 1972, which is purchased or renewed online by a resident of the state through the website of the Mississippi Department of Wildlife, Fisheries and Parks.
( * * *14) "Identification card"
means an identification card issued by the Mississippi Department of Public
Safety.
( * * *15) "Know" means to have
actual knowledge.
( * * *16) "Minor" means an
individual who is under eighteen (18) years of age.
( * * *17) "Organ procurement organization"
means a person designated by the Secretary of the United States Department of
Health and Human Services as an organ procurement organization.
( * * *18) "Parent" means a parent
whose parental rights have not been terminated.
( * * *19) "Part" means an organ,
an eye, or tissue of a human being. The term does not include the whole body.
( * * *20) "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.
( * * *21) "Physician" means an
individual authorized to practice medicine or osteopathy under the law of any
state.
( * * *22) "Procurement organization"
means an eye bank, organ procurement organization, or tissue bank.
( * * *23) "Prospective donor"
means an individual who is dead or near death, Glasgow Coma Scale of five (5) or
less, and has been determined by a procurement organization to have a part that
could be medically suitable for transplantation, therapy, research, or education.
The term does not include an individual who has made a refusal.
( * * *24) "Reasonably available"
means able to be contacted by a procurement organization without undue effort
and willing and able to act in a timely manner consistent with existing medical
criteria necessary for the making of an anatomical gift.
( * * *25) "Recipient" means an
individual into whose body a decedent's part has been or is intended to be
transplanted.
( * * *26) "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.
( * * *27) "Refusal" means a
record created under Section 41-39-113 that expressly states an intent to bar
other persons from making an anatomical gift of an individual's body or part.
( * * *28) "Sign" means, with the
present intent to authenticate or adopt a record:
(A) To execute or adopt a tangible symbol; or
(B) To attach to or logically associate with the record an electronic symbol, sound, or process.
( * * *29) "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.
( * * *30) "Technician" means an
individual determined to be qualified to remove or process parts by an
appropriate organization that is licensed, accredited, or regulated under
federal or state law. The term includes an enucleator.
( * * *31) "Tissue" means a
portion of the human body other than an organ or an eye. The term does not include
blood unless the blood is donated for the purpose of research or education.
( * * *32) "Tissue bank" means a
person that is licensed, accredited, or regulated under federal or state law to
engage in the recovery, screening, testing, processing, storage, or
distribution of tissue.
( * * *33) "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. Section 41-39-107, Mississippi Code of 1972, is amended as follows:
41-39-107. Subject to Section 41-39-115, 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 41-39-109 by:
(1) The donor, if the donor is an adult or if the donor is a minor and is:
(A) Emancipated; * * *
(B) Authorized under state law to apply for a driver's license because the donor is at least eighteen (18) years of age; or
(C) Authorized under state law to apply for a hunting or fishing license and is at least eighteen (18) years of age.
(2) An agent of the donor, unless the power of attorney for health care or other record prohibits the agent from making an anatomical gift;
(3) A parent of the donor, if the donor is an unemancipated minor; or
(4) The donor's guardian.
SECTION 4. Section 41-39-109, Mississippi Code of 1972, is amended as follows:
41-39-109. (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 * * *, identification card or hunting or
fishing license;
(2) In a will;
(3) During a terminal illness or injury of the donor, by any form of communication addressed to at least two (2) adults, at least one (1) of whom is a disinterested witness; or
(4) As provided in subsection (b).
(b) A donor or other person authorized to make an anatomical gift under Section 41-39-107 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 must:
(1) Be witnessed by at least two (2) adults, at least one (1) 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).
(c) Revocation, suspension,
expiration, or cancellation of a driver's license * * *, identification card or hunting or
fishing license 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 gift.
SECTION 5. Section 41-39-127, Mississippi Code of 1972, is amended as follows:
41-39-127. (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 Mississippi Department of Public Safety, the Mississippi Department of Wildlife, Fisheries and Parks 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 must be allowed reasonable access to information in the records of the Mississippi Department of Public Safety and the Mississippi Department of Wildlife, Fisheries and Parks 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. The organ procurement organizations, tissue bank, or eye bank, or hospital medical professionals under the direction thereof, may perform any and all tests to evaluate the deceased as a potential donor and any invasive procedures on the deceased body in order to preserve the potential donor's organs. During the 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. The procurement organization representative shall initiate the consent process with reasonable discretion and sensitivity to the family's circumstances, values and beliefs.
(d) Unless prohibited by law other than Sections 41-39-101 through 41-39-149, at any time after a donor's death, the person to which a part passes under Section 41-39-121 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 Sections 41-39-101 through 41-39-149, an examination under subsection (c) or (d) 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 under subsection (a), a procurement organization shall make a reasonable search for any person listed in Section 41-39-117 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 Sections 41-39-121(i) and 41-39-143, the rights of the person to which a part passes under Section 41-39-121 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 Sections 41-39-101 through 41-39-149, 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 under Section 41-39-121, 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 part from the body of a donor that the physician or technician is qualified to remove.
SECTION 6. Section 41-39-139, Mississippi Code of 1972, is amended as follows:
41-39-139. (a) The Mississippi Department of Public Safety may establish or contract for the establishment of a donor registry.
(b) The Mississippi Department of Public Safety 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) The Mississippi Department of Wildlife, Fisheries and Parks shall provide all relevant information regarding a donor's making, amendment to, or revocation of an anatomical gift to a donor registry established or contracted for under this section. The donor registry shall reimburse the department for any costs associated with providing this information to the registry. If the department is not reimbursed according to this subsection, the department is absolved of all responsibility to collect and provide donor data to the registry.
( * * *d) A donor registry must:
(1) Allow a donor or other person authorized under Section 41-39-107 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) seven (7) days a week on a twenty-four-hour basis.
( * * *e) Except as otherwise provided in
subsection ( * * *g),
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 that 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.
( * * *f) 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 must comply with subsections
( * * *d)
and ( * * *e).
( * * *g) At the time that a person is
renewing his or her driver's license, the Department of Public Safety shall ask
the person if he or she would like to be a donor. If the answer is yes, the
department shall inform the prospective donor that his or her decision to be a
donor cannot be revoked, changed or contested after his or her death by the
donor's next of kin or by any other person, and shall ask the person if he or
she desires information about the person's decision to be a donor to be sent to
another person or persons. If the answer is yes, the department shall obtain
the name and mailing address of the person or persons designated by the prospective
donor, and the donor registry shall send the information about the prospective
donor's decision to the designated person or persons as requested.
(h) At the time that a person is applying to renew a hunting or fishing license online through the Mississippi Department of Wildlife, Fisheries and Parks' website, the website will include a question asking if the person would like to be a donor. If the answer is yes, the website application must inform the prospective donor that a decision to be a donor cannot be revoked, changed or contested after the donor's death by the donor's next of kin or by any other person. The application will include a question asking the applicant if the person desires information about the person's decision to be a donor to be sent to another person or persons. If the answer is yes, the online application must obtain the name and mailing address of the person or persons designated by the prospective donor, and the donor registry shall send the information about the prospective donor's decision to the designated person or persons as requested.
SECTION 7. Section 1 of this act shall be codified as a new section in Chapter 7, Title 49, Mississippi Code of 1972.
SECTION 8. This act shall take effect and be in force from and after July 1, 2022.