Chapter 681
AN ACT
HB 3092
Relating to anatomical gifts; creating new provisions; amending ORS
97.130, 97.966, 114.305, 125.230, 125.315, 127.510 and 802.179; and repealing
ORS 97.950, 97.952, 97.954, 97.956, 97.958, 97.960, 97.962 and 97.964.
Be It Enacted by the People of
the State of
SECTION 1. Sections 1 to 22 of this 2007 Act may be
cited as the Revised Uniform Anatomical Gift Act.
SECTION 2. As used in sections 1 to 22 of this 2007
Act:
(1) “Adult” means an
individual who is 18 years of age or older.
(2) “Agent” means an:
(a) Attorney-in-fact as
that term is defined in ORS 127.505; or
(b) Individual expressly
authorized to make an anatomical gift on the principal’s behalf by any 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) “Body part” means an
organ, an eye or tissue of a human being. The term does not include the whole
body.
(5) “Decedent” means a
deceased individual whose body or body part is or may be the source of an
anatomical gift, and includes a stillborn infant or a fetus.
(6)(a) “Disinterested
witness” means a witness other than:
(A) A spouse, child,
parent, sibling, grandchild, grandparent or guardian of the individual who
makes, amends, revokes or refuses to make an anatomical gift; or
(B) An adult who
exhibited special care and concern for the individual.
(b) “Disinterested
witness” does not include a person to whom an anatomical gift could pass under
section 10 of this 2007 Act.
(7) “Document of gift”
means a donor card or other record used to make an anatomical gift. The term
includes a statement, symbol or designation on a driver license, identification
card or donor registry.
(8) “Donor” means an
individual whose body or body part is the subject of an anatomical gift.
(9) “Donor registry”
means a centralized database that contains records of anatomical gifts and
amendments to or revocations of anatomical gifts.
(10) “Driver license”
means a license or permit issued under ORS 807.040, 807.200 or 807.280,
regardless of whether conditions are attached to the license or permit.
(11) “Eye bank” means an
organization 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.
(12) “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.
(13) “Hospital” means a
facility licensed as a hospital under the law of any state or a facility
operated as a hospital by the
(14) “Identification
card” means the card issued under ORS 807.400 or a comparable provision of the
motor vehicle laws of another state.
(15) “Know” means to
have actual knowledge.
(16) “Minor” means an
individual who is under 18 years of age.
(17) “Organ procurement
organization” means an organization 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) “Physician” means
an individual authorized to practice medicine or osteopathy under the law of
any state.
(20) “Procurement
organization” means an eye bank, organ procurement organization or tissue bank.
(21) “Prospective donor”
means an individual who is dead or near death and has been determined by a
procurement organization to have a body part that could be medically suitable
for transplantation, therapy, research or education. The term does not include
an individual who has made a refusal.
(22) “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.
(23) “Recipient” means
an individual into whose body a decedent’s body part has been or is intended to
be transplanted.
(24) “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.
(25) “Refusal” means a
record that expressly states an intent to prohibit
other persons from making an anatomical gift of an individual’s body or body
part.
(26) “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.
(27) “State” means a
state of the
(28) “Technician” means
an individual determined to be qualified to remove or process body parts by an
appropriate organization that is licensed, accredited or regulated under
federal or state law. The term includes an enucleator.
(29) “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.
(30) “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.
(31) “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. (1) Subject to section 7 of this 2007 Act, a
donor may make an anatomical gift of a donor’s body or body part during the
life of the donor for the purpose of transplantation, therapy, research or
education.
(2) An anatomical gift
may be made in the manner provided in section 4 of this 2007 Act by:
(a) The donor, if the
donor is an adult or if the donor is a minor and is:
(A) Emancipated; or
(B) Authorized under ORS
807.280 to apply for an instruction driver permit because the donor is at least
15 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 4. (1) A donor may make an anatomical gift:
(a) By a designation on
the donor’s driver license or identification card;
(b) In a will;
(c) During a terminal
illness or injury of the donor, by any form of communication addressed to at
least two adults, at least one of whom is a disinterested witness;
(d) By a donor card or
other record signed by the donor or other person making the gift; or
(e) By authorizing that
a statement, symbol or designation indicating that the donor has made an
anatomical gift is to be included on a donor registry.
(2) If the donor or
other person authorized to make an anatomical gift under section 3 of this 2007
Act is physically unable to sign a record, the record may be signed by another
individual at the direction of the donor or other person and must:
(a) Be witnessed by at
least two adults, at least one of whom is a disinterested witness, who have
signed at the request of the donor or the other person; and
(b) State that it has
been signed and witnessed as provided in paragraph (a) of this subsection.
(3) Revocation,
suspension, expiration or cancellation of a driver license or identification
card upon which an anatomical gift is indicated does not invalidate the gift.
(4) An anatomical gift
made by will takes effect upon the donor’s death whether or not the will is
probated. Invalidation of the will after the donor’s death does not invalidate
the gift.
SECTION 5. (1) Except as provided in section 7 of this
2007 Act, a donor or other person authorized to make an anatomical gift under
section 3 of this 2007 Act may amend or revoke an anatomical gift by:
(a) A record signed by:
(A) The donor;
(B) The other person; or
(C) Subject to
subsection (2) of this section, another individual acting at the direction of
the donor or the other person if the donor or other person is physically unable
to sign; or
(b) A later-executed
document of gift that amends or revokes a previous anatomical gift or portion
of an anatomical gift, either expressly or by inconsistency.
(2) A record signed
pursuant to subsection (1)(a)(C) of this section must:
(a) Be witnessed by at
least two adults, at least one of whom is a disinterested witness, who have
signed at the request of the donor or the other person; and
(b) State that it has
been signed and witnessed as required in this subsection.
(3) Except as provided
in section 7 of this 2007 Act, a donor or other person authorized to make an
anatomical gift under section 3 of this 2007 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.
(4) A donor may amend or
revoke an anatomical gift that was not made in a will by any form of
communication during a terminal illness or injury addressed to at least two
adults, at least one of whom is a disinterested witness.
(5) A donor who makes an
anatomical gift in a will may amend or revoke the gift in the manner provided
for amendment or revocation of wills or as provided in subsection (3) of this
section.
SECTION 6. (1) An individual may refuse to make an
anatomical gift of the individual’s body or body part by:
(a) A record signed by:
(A) The individual; or
(B) Subject to
subsection (2) of this section, another individual acting at the direction of
the individual if the individual is physically unable to sign;
(b) The individual’s
will, whether or not the will is admitted to probate or invalidated after the
individual’s death; or
(c) Any form of
communication made by the individual during the individual’s terminal illness
or injury addressed to at least two adults, at least one of whom is a
disinterested witness.
(2) A record signed
under subsection (1)(a)(B) of this section must:
(a) Be witnessed by at
least two adults, at least one of whom is a disinterested witness, who have
signed at the request of the individual; and
(b) State that it has
been signed and witnessed as provided in this subsection.
(3) An individual who
has made a refusal may amend or revoke the refusal:
(a) In the manner
provided in subsection (1) of this section for making a refusal;
(b) By subsequently
making an anatomical gift pursuant to section 4 of this 2007 Act that is
inconsistent with the refusal; or
(c) By destroying or
canceling the record evidencing the refusal, or the portion of the record used
to make the refusal, provided that the destruction or cancellation is done with
the intent to revoke the refusal.
(4) Except as otherwise
provided in section 7 (8) of this 2007 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 body
part prohibits all other persons from making an anatomical gift of the
individual’s body or body part.
SECTION 7. (1) Except as otherwise provided in
subsection (7) of this section and subject to subsection (6) of this section,
in the absence of an express, contrary indication by the donor, a person other
than the donor is prohibited from making, amending or revoking an anatomical
gift of a donor’s body or body part if the donor made an anatomical gift of the
donor’s body or body part under section 4 of this 2007 Act or an amendment to
an anatomical gift of the donor’s body or body part under section 5 of this
2007 Act.
(2) A donor’s revocation
of an anatomical gift of the donor’s body or body part under section 5 of this
2007 Act is not a refusal and does not prohibit another person specified in
section 3 or 8 of this 2007 Act from making an anatomical gift of the donor’s
body or body part under section 4 or 9 of this 2007 Act.
(3) If a person other
than the donor makes an unrevoked anatomical gift of the donor’s body or body
part under section 4 of this 2007 Act or an amendment to an anatomical gift of
the donor’s body or body part under section 5 of this 2007 Act, another person
may not make, amend or revoke the gift of the donor’s body or body part under
section 9 of this 2007 Act.
(4) A revocation of an
anatomical gift of a donor’s body or body part under section 5 of this 2007 Act
by a person other than the donor does not prohibit another person from making
an anatomical gift of the body or body part under section 4 or 9 of this 2007
Act.
(5) In the absence of an
express, contrary indication by the donor or other person authorized to make an
anatomical gift under section 3 of this 2007 Act, an anatomical gift of a body
part is neither a refusal to give another body part nor a limitation on the
making of an anatomical gift of another body part at a later time by the donor
or other person.
(6) In the absence of an
express, contrary indication by the donor or other person authorized to make an
anatomical gift under section 3 of this 2007 Act, an anatomical gift of a body
part for one or more of the purposes set forth in section 3 of this 2007 Act is
not a limitation on the making of an anatomical gift of the body part for any
of the other purposes by the donor or other person under section 4 or 9 of this
2007 Act.
(7) If a donor who is an
unemancipated minor dies, a parent of the donor who is reasonably available may
revoke or amend an anatomical gift of the donor’s body or body part.
(8) If an unemancipated
minor who signed a refusal dies, a parent of the minor who is reasonably
available may revoke the minor’s refusal.
SECTION 8. (1) Subject to subsections (2) and (3) of
this section and unless prohibited by section 6 or 7 of this 2007 Act, an
anatomical gift of a decedent’s body or body 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 following
order:
(a) An agent of the
decedent at the time of death who could have made an anatomical gift under
section 3 (2)(b) of this 2007 Act immediately before
the decedent’s death;
(b) The spouse of the
decedent;
(c) An adult child of
the decedent;
(d) A parent of the
decedent;
(e) An adult sibling of
the decedent;
(f) An adult grandchild
of the decedent;
(g) A grandparent of the
decedent;
(h) An adult who
exhibited special care and concern for the decedent;
(i) A guardian of the
decedent at the time of death; or
(j) Any other person
having the authority to dispose of the decedent’s body.
(2) If there is more
than one member of a class listed in subsection (1) 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 under section
10 of this 2007 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.
(3) A person may not
make an anatomical gift if, at the time of the decedent’s death, a person in a
prior class under subsection (1) of this section is reasonably available to
make or to object to the making of an anatomical gift.
SECTION 9. (1) A person authorized to make an
anatomical gift under section 8 of this 2007 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.
(2) Subject to
subsection (3) of this section, an anatomical gift by a person authorized under
section 8 of this 2007 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 under section 8 of this 2007 Act may be:
(a) Amended only if a
majority of the reasonably available members agree to amendment of the gift; or
(b) Revoked only if a
majority of the reasonably available members agree to the revocation of the
gift or if they are equally divided as to whether to revoke the gift.
(3) A revocation under
subsection (2) of this section is effective only if, before an incision has
been made to remove a body part from the donor’s body or before invasive
procedures have begun to prepare the recipient, the procurement organization,
transplant hospital, physician or technician knows of the revocation.
SECTION 10. (1) An anatomical gift may be made to the
following persons named in the document of gift:
(a) A hospital,
accredited medical school, dental school, college, university, organ
procurement organization or other appropriate person, for research or
education;
(b) Subject to
subsection (2) of this section, an individual designated by the person making
the anatomical gift if the individual is the recipient of the body part; or
(c) An eye bank or
tissue bank.
(2) If an anatomical
gift to an individual under subsection (1)(b) of this
section cannot be transplanted into the individual, the body part passes in
accordance with subsection (7) of this section in the absence of an express,
contrary indication by the person making the anatomical gift.
(3) If an anatomical
gift of one or more specific body parts or of all body parts is made in a
document of gift that does not name a person described in subsection (1) of
this section but identifies the purpose for which an anatomical gift may be
used, the following rules apply:
(a) If the body part is
an eye and the gift is for the purpose of transplantation or therapy, the gift
passes to the appropriate eye bank.
(b) If the body part is
tissue and the gift is for the purpose of transplantation or therapy, the gift
passes to the appropriate tissue bank.
(c) If the body 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.
(d) If the body 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.
(4) For the purposes of
subsection (3) 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 must be used for transplantation or therapy, if
suitable. If the gift cannot be used for transplantation or therapy, the gift
may be used for research or education.
(5) If an anatomical
gift of one or more specific body parts is made in a document of gift that does
not name a person described in subsection (1) 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 (7) of this
section.
(6) 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 (7) of this section.
(7) For purposes of
subsections (2), (5) and (6) of this section, the following rules apply:
(a) If the body part is
an eye, the gift passes to the appropriate eye bank.
(b) If the body part is
tissue, the gift passes to the appropriate tissue bank.
(c) If the body part is
an organ, the gift passes to the appropriate organ procurement organization as
custodian of the organ.
(8) An anatomical gift
of an organ for transplantation or therapy, other than an anatomical gift under
subsection (1)(b) of this section, passes to the organ
procurement organization as custodian of the organ.
(9) If an anatomical
gift does not pass pursuant to subsections (1) to (8) of this section or the
decedent’s body or body part is not used for transplantation, therapy, research
or education, custody of the body or body part passes to the person under
obligation to dispose of the body or body part.
(10) A person may not
accept an anatomical gift if the person knows that the gift was not effectively
made under section 4 or 9 of this 2007 Act or if the person knows that the
decedent made a refusal under section 6 of this 2007 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.
(11) Except as otherwise
provided in subsection (1)(b) of this section,
sections 1 to 22 of this 2007 Act do not affect the allocation of organs for
transplantation or therapy.
SECTION 11. (1) The following persons shall make a
reasonable search of an individual who the persons reasonably believe 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:
(a) A law enforcement
officer, firefighter, paramedic or other emergency rescuer finding the
individual; and
(b) If no other source
of the information is immediately available, a hospital, as soon as practicable
after the individual’s arrival at the hospital.
(2) If a document of
gift or a refusal to make an anatomical gift is located by the search required
by subsection (1)(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 the refusal to the hospital.
(3) 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 12. (1) A document of gift need not be
delivered during the donor’s lifetime to be effective.
(2) Upon or after an
individual’s death, a person in possession of a document of gift or a refusal
to make an anatomical gift with respect to the individual shall allow
examination and copying of the document of gift or the 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 whom the gift could pass under section 10
of this 2007 Act.
SECTION 13. (1) 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 Department of Transportation 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.
(2) A procurement
organization must be allowed reasonable access to information in the records of
the Department of Transportation to ascertain whether an individual at or near
death is a donor.
(3) 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 body 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 examination period, measures necessary
to ensure the medical suitability of the body part may not be withdrawn unless
the hospital or procurement organization knows that the individual expressed a
contrary intent.
(4) Unless otherwise
prohibited by law, at any time after a donor’s death, the person to whom a body
part passes under section 10 of this 2007 Act may conduct any reasonable
examination necessary to ensure the medical suitability of the body or body
part for its intended purpose.
(5) Unless otherwise
prohibited by law, an examination under subsection (3) or (4) of this section
may include an examination of all medical and dental records of the donor or
prospective donor.
(6) 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.
(7) Upon referral by a
hospital under subsection (1) of this section, a procurement organization shall
make a reasonable search for any person listed in section 8 of this 2007 Act
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.
(8) Subject to sections
10 (9) and 20 of this 2007 Act, the rights of the person to whom a body part
passes under section 10 of this 2007 Act are superior to the rights of all
others with respect to the body 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 1 to 22 of this 2007 Act, a person who 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 body part, the person to whom
the body part passes under section 10 of this 2007 Act, upon the death of the
donor and before embalming, burial or cremation, shall cause the body part to
be removed without unnecessary mutilation.
(9) 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 body part from the decedent.
(10) A physician or
technician may remove from the body of a donor a donated body part that the
physician or technician is qualified to remove.
SECTION 14. Each hospital in this state shall enter
into agreements or affiliations with procurement organizations for coordination
of procurement and use of anatomical gifts.
SECTION 15. (1) A person who acts in accordance with
sections 1 to 22 of this 2007 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.
(2) 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.
(3) In determining
whether an anatomical gift has been made, amended or revoked under sections 1
to 22 of this 2007 Act, a person may rely upon representations of an individual
listed in section 8 (1)(b), (c), (d), (e), (f), (g) or
(h) of this 2007 Act relating to the individual’s relationship to the donor or
prospective donor unless the person knows that the representation is untrue.
SECTION 16. (1) A document of gift is valid if executed
in accordance with:
(a)
Sections 1 to 22 of this 2007 Act;
(b) The laws of the
state or country where it was executed; or
(c) The laws of the
state or country where the person making the anatomical gift was domiciled, had a place of residence or was a national at the
time the document of gift was executed.
(2) If a document of
gift is valid under this section, the law of this state governs the
interpretation of the document of gift.
(3) 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 17. (1)(a) The Department of Human Services may
allow an organ procurement organization to establish a donor registry.
(b) Only one donor
registry may be established within this state.
(c) The donor registry
shall comply with subsections (3) and (4) of this section.
(2) The Department of
Transportation shall:
(a) Cooperate with a
person who administers the donor registry established under subsection (1) of
this section for the purpose of transferring to the donor registry all relevant
information regarding a donor’s making, amending or revoking an anatomical
gift.
(b) When requested by
the organ procurement organization that has established the donor registry in
this state, the department shall electronically transfer to the organ
procurement organization the name, address, birthdate and donor designation
listed on the driver license or identification card of a person designated as a
donor. The organ procurement organization shall treat the information
transferred from the department as confidential and may use the information
only to expedite the making of anatomical gifts authorized by the donor.
(3) The donor registry
must:
(a) Allow a donor or
other person authorized under section 3 of this 2007 Act to include on the
donor registry a statement or symbol that the donor has made, amended or
revoked an anatomical gift;
(b) Be accessible to a
procurement organization to allow the procurement organization 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
(c) Be accessible for
purposes of this subsection seven days a week on a 24-hour basis.
(4) Personally
identifiable information on the 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.
SECTION 18. (1) As used in this section:
(a) “Advance directive”
has the meaning given that term in ORS 127.505.
(b) “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.
(c) “Health care
decision” means any decision regarding the health care of a prospective donor.
(2) If a prospective
donor has a declaration or advance directive and the terms of the declaration
or advance directive and the express or implied terms of a potential anatomical
gift are in conflict regarding administration of measures necessary to ensure
the medical suitability of a body part for transplantation, therapy, research
or education, the prospective donor and the prospective donor’s attending
physician shall confer to resolve the conflict.
(3) If the prospective
donor is incapable of resolving the conflict, one of the following persons
shall act for the prospective donor to resolve the conflict:
(a) An agent acting
under the prospective donor’s declaration or advance directive; or
(b) If an agent is not
named in the declaration or advance directive or the agent is not reasonably
available, another person authorized by law, other than in sections 1 to 22 of
this 2007 Act, to make health care decisions for the prospective donor.
(4) The conflict must be
resolved as expeditiously as possible.
(5) Information relevant
to the resolution of the conflict may be obtained from the appropriate
procurement organization and any person authorized under section 8 of this 2007
Act to make an anatomical gift for the prospective donor.
(6) During the
resolution of the conflict, measures necessary to ensure the medical
suitability of the body part may not be withheld or withdrawn from the
prospective donor unless withholding or withdrawing the measures is medically
indicated by appropriate end of life care.
SECTION 19. (1) A medical examiner shall cooperate with
procurement organizations to maximize the opportunity to recover anatomical
gifts for the purpose of transplantation, therapy, research or education.
(2) Subject to section
20 of this 2007 Act, if a medical examiner 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 medical
examiner and a post-mortem examination is going to be performed, the medical
examiner or designee shall conduct a post-mortem examination of the body or the
body part in a manner and within a period compatible with its preservation for
the purposes of the gift.
(3) A body part may not
be removed from the body of a decedent under the jurisdiction of a medical
examiner for transplantation, therapy, research or education unless the body
part is the subject of an anatomical gift. The body of a decedent under the
jurisdiction of the medical examiner 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 a medical examiner from performing the
medicolegal investigation upon the body or body parts of a decedent under the
jurisdiction of the medical examiner.
SECTION 20. (1) Upon request of a procurement
organization, a medical examiner 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 medical examiner. If the
decedent’s body or body part is medically suitable for transplantation,
therapy, research or education, the medical examiner 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 medical examiner only if
relevant to transplantation, therapy, research or education.
(2) The medical examiner
may conduct a medicolegal examination 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 medical examiner that the medical examiner
determines may be relevant to the investigation.
(3) A person who has any
information requested by a medical examiner pursuant to subsection (2) of this
section shall provide that information as expeditiously as possible to allow
the medical examiner to conduct the medicolegal investigation within a period
compatible with the preservation of body parts for the purpose of
transplantation, therapy, research or education.
(4) If an anatomical
gift has been or might be made of a body part of a decedent whose body is under
the jurisdiction of the medical examiner and a post-mortem examination is not
required, or the medical examiner determines that a post-mortem examination is
required but that the recovery of the body part that is the subject of an
anatomical gift will not interfere with the examination, the medical examiner
and procurement organization shall cooperate in the timely removal of the body
part from the decedent for the purpose of transplantation, therapy, research or
education.
(5) If an anatomical
gift of a body part from the decedent under the jurisdiction of the medical
examiner has been or might be made, but the medical examiner initially believes
that the recovery of the body part could interfere with the post-mortem
investigation into the decedent’s cause or manner of death, the medical
examiner shall consult with the procurement organization, or physician or
technician designated by the procurement organization, about the proposed
recovery. The procurement organization shall provide the medical examiner with
all of the information that the procurement organization possesses that could
relate to the decedent’s cause or manner of death.
(6)(a) The medical
examiner and the procurement organization may enter into an agreement
establishing protocols and procedures governing their relationship when:
(A) An anatomical gift
of a body part from a decedent whose body is under the jurisdiction of the
medical examiner has been or might be made; and
(B) The medical examiner
believes that the recovery of the body part could interfere with the
post-mortem investigation into the decedent’s cause or manner of death or the
documentation or preservation of evidence.
(b) A decision regarding
the recovery of the body part from the decedent shall be made in accordance
with the agreement.
(c) The medical examiner
and the procurement organization shall evaluate the effectiveness of the
agreement at regular intervals but not less frequently than every two years.
(7)(a) In the absence of
an agreement establishing protocols and procedures governing the relationship
between the medical examiner and the procurement organization when an
anatomical gift of an eye or tissue from a decedent whose body is under the
jurisdiction of the medical examiner has been or might be made, and following
the consultation under subsection (5) of this section, the medical examiner may
delay the recovery of the eye or tissue until after the collection of evidence
or the post-mortem examination, in order to preserve and collect evidence, to
maintain a proper chain of custody and to allow an accurate determination of
the decedent’s cause or manner of death.
(b) When a determination
to delay the recovery of an eye or tissue is made, every effort possible shall
be made by the medical examiner to complete the collection of evidence or the
post-mortem examination in a timely manner compatible with the preservation of
the eye or tissue for the purpose of transplantation, therapy, research or
education.
(c) The collection of
evidence or the post-mortem examination shall occur during the normal business
hours of the medical examiner and, when possible and practicable, at times
other than the normal business hours of the medical examiner.
(d) If the collection of
evidence or the post-mortem examination occurs at times other than the normal
business hours of the medical examiner, the procurement organization shall
reimburse the medical examiner a mutually agreed-upon reasonable fee.
(8) If the medical
examiner denies or delays recovery under subsection (6) or (7) of this section,
the medical examiner shall:
(a) Explain in a record
the specific reasons for not allowing or for delaying recovery of the body
part;
(b) Include the specific
reasons in the records of the medical examiner; and
(c) Provide a record
with the specific reasons to the procurement organization.
(9) If the medical
examiner allows recovery of a body part, the procurement organization shall
cooperate with the medical examiner in any documentation of injuries and the
preservation and collection of evidence prior to and during the recovery of the
body part and, upon request of the medical examiner, shall cause the physician
or technician who removes the body part to provide the medical examiner with a
record describing the condition of the body part, a photograph and any other
information and observations that would assist in the post-mortem examination.
SECTION 21. (1) Except as otherwise provided in
subsection (3) of this section, a person commits the crime of purchase or sale
of a body part for transplantation or therapy if the person, for valuable
consideration, knowingly purchases or sells a body part for transplantation or
therapy if removal of the body part from an individual is intended to occur
after the individual’s death.
(2) Purchase or sale of
a body part for transplantation or therapy is a Class C felony.
(3) A person may charge
a reasonable amount for the removal, processing, preservation, quality control,
storage, transportation, implantation or disposal of a body part.
SECTION 22. (1) A person commits the crime of
alteration of a document of gift if the person, 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.
(2) Alteration of a
document of gift is a Class C felony.
SECTION 23. The provisions of sections 1 to 22 of this
2007 Act modify, limit and supersede the Electronic Signatures in Global and
National Commerce Act, 15 U.S.C. 7001 et seq., but do not modify, limit or
supersede section 101(a) of the Electronic Signatures in Global and National
Commerce Act, 15 U.S.C. 7001, or authorize electronic delivery of any of the
notices described in section 103(b) of the Electronic Signatures in Global and
National Commerce Act, 15 U.S.C. 7003(b) as in effect January 1, 2008.
SECTION 24. ORS 97.130 is amended to read:
97.130. (1) Any
individual of sound mind who is 18 years of age or older, by completion of a
written signed instrument or by preparing or prearranging with any funeral
service practitioner licensed under ORS chapter 692, may direct any lawful
manner of disposition of the individual’s remains. Except as provided under
subsection (6) of this section, disposition directions or disposition
prearrangements that are prepaid or that are filed with a funeral service
practitioner licensed under ORS chapter 692 shall not be subject to
cancellation or substantial revision.
(2) A person within the
first applicable listed class among the following listed classes that is
available at the time of death or, in the absence of actual notice of a
contrary direction by the decedent as described under subsection (1) of this
section or actual notice of opposition by completion of a written instrument by
a member of the same class or a member of a prior class, may direct any lawful
manner of disposition of a decedent’s remains by completion of a written
instrument:
(a) The spouse of the
decedent.
(b) A son or daughter of
the decedent 18 years of age or older.
(c) Either parent of the
decedent.
(d) A brother or sister
of the decedent 18 years of age or older.
(e) A guardian of the
decedent at the time of death.
(f) A person in the next
degree of kindred to the decedent.
(g) The personal
representative of the estate of the decedent.
(h) The person nominated
as the personal representative of the decedent in the decedent’s last will.
(i) A public health
officer.
(3) The decedent or any
person authorized in subsection (2) of this section to direct the manner of
disposition of the decedent’s remains may delegate such authority to any person
18 years of age or older. Such delegation shall be made by completion of the
written instrument described in subsection (7) of this section. The person to
whom the authority is delegated shall have the same authority under subsection
(2) of this section as the person delegating the authority.
(4) If a decedent or the
decedent’s designee issues more than one authorization or direction for the
disposal of the decedent’s remains, only the most recent authorization or
direction shall be binding.
(5) A donation of
anatomical gifts under [ORS 97.952 or
97.954] sections 1 to 22 of this 2007 Act shall take priority over
directions for the disposition of a decedent’s remains under this section only
if the person making the donation is of a priority under subsection (1) or (2)
of this section the same as or higher than the priority of the person directing
the disposition of the remains.
(6) If the decedent
directs a disposition under subsection (1) of this section and those
financially responsible for the disposition are without sufficient funds to pay
for such disposition or the estate of the decedent has insufficient funds to
pay for the disposition, or if the direction is unlawful, the direction shall
be void and disposition shall be in accordance with the direction provided by
those persons given priority in subsection (2) of this section and who agree to
be financially responsible.
(7) The signature of the
individual shall be required for the completion of the written instrument required
in subsection (3) of this section. The following form or a form substantially
similar shall be used by all individuals:
______________________________________________________________________________
APPOINTMENT OF PERSON
TO MAKE DECISIONS
CONCERNING DISPOSITION
OF REMAINS
I, ________________,
appoint ________________, whose address is ______________ and whose telephone
number is (___) _________, as the person to make all decisions regarding the
disposition of my remains upon my death for my burial or cremation. In the
event ____________ is unable to act, I appoint ____________, whose address is ________________
and whose telephone number is (___) _________, as my alternate person to make
all decisions regarding the disposition of my remains upon my death for my
burial or cremation.
It is my intent that
this Appointment of Person to Make Decisions Concerning Disposition of Remains
act as and be accepted as the written authorization presently required by ORS
97.130 (or its corresponding future provisions) or any other provision of
Oregon Law, authorizing me to name a person to have authority to dispose of my
remains.
DATED
this ___ day of ______, ____.
________________
(Signature)
DECLARATION OF WITNESSES
We declare that ____________
is personally known to us, that he/she signed this Appointment of Person to
Make Decisions Concerning Disposition of Remains in our presence, that he/she
appeared to be of sound mind and not acting under duress, fraud or undue
influence, and that neither of us is the person so appointed by this document.
Witnessed By:
______________ Date: ____
Witnessed By:
______________ Date: ____
______________________________________________________________________________
(8) Subject to the
provisions of [ORS 97.950 to 97.964] sections
1 to 22 of this 2007 Act, if disposition of the remains of a decedent has
not been directed and authorized under this section within 10 days after the
date of the death of the decedent, a public health officer may direct and
authorize disposition of the remains.
SECTION 25. ORS 114.305 is amended to read:
114.305. Subject to the
provisions of ORS 97.130 (2) and except as restricted or otherwise provided by
the will of the decedent, a document of anatomical gift under [ORS 97.952] section 8 of this 2007
Act or by court order, a personal representative, acting reasonably for the
benefit of interested persons, is authorized to:
(1) Direct and authorize
disposition of the remains of the decedent pursuant to ORS 97.130 and incur
expenses for the funeral, burial or other disposition of the remains in a
manner suitable to the condition in life of the decedent. Only those funeral
expenses necessary for a plain and decent funeral and disposition of the
remains of the decedent may be paid from the estate if the assets are
insufficient to pay the claims of the Department of Human Services for the net
amount of public assistance, as defined in ORS 411.010, paid to or for the
decedent and for care and maintenance of any decedent who was at a state
institution to the extent provided in ORS 179.610 to 179.770.
(2) Retain assets owned
by the decedent pending distribution or liquidation.
(3) Receive assets from
fiduciaries or other sources.
(4) Complete, compromise
or refuse performance of contracts of the decedent that continue as obligations
of the estate, as the personal representative may determine under the
circumstances. In performing enforceable contracts by the decedent to convey or
lease real property, the personal representative, among other courses of action,
may:
(a) Execute and deliver
a deed upon satisfaction of any sum remaining unpaid or upon receipt of the
note of the purchaser adequately secured; or
(b) Deliver a deed in
escrow with directions that the proceeds, when paid in accordance with the
escrow agreement, be paid to the successors of the decedent, as designated in
the escrow agreement.
(5) Satisfy written
pledges of the decedent for contributions, whether or not the pledges
constituted binding obligations of the decedent or were properly presented as
claims.
(6) Deposit funds not
needed to meet currently payable debts and expenses, and not immediately
distributable, in bank or savings and loan association accounts, or invest the
funds in bank or savings and loan association certificates of deposit, or
federally regulated money-market funds and short-term investment funds suitable
for investment by trustees under ORS 130.750 to 130.775, or short-term United
States Government obligations.
(7) Abandon burdensome
property when it is valueless, or is so encumbered or is in a condition that it
is of no benefit to the estate.
(8) Vote stocks or other
securities in person or by general or limited proxy.
(9) Pay calls, assessments and other sums chargeable or accruing
against or on account of securities.
(10) Sell or exercise
stock subscription or conversion rights.
(11) Consent, directly
or through a committee or other agent, to the reorganization, consolidation,
merger, dissolution or liquidation of a corporation or other business
enterprise.
(12) Hold a security in
the name of a nominee or in other form without disclosure of the interest of
the estate, but the personal representative is liable for any act of the
nominee in connection with the security so held.
(13) Insure the assets
of the estate against damage and loss, and insure the personal representative
against liability to third persons.
(14) Advance or borrow
money with or without security.
(15) Compromise, extend,
renew or otherwise modify an obligation owing to the estate. A personal representative
who holds a mortgage, pledge, lien or other security interest may accept a
conveyance or transfer of the encumbered asset in lieu of foreclosure in full
or partial satisfaction of the indebtedness.
(16) Accept other real
property in part payment of the purchase price of real property sold by the
personal representative.
(17) Pay taxes,
assessments and expenses incident to the administration of the estate.
(18) Employ qualified
persons, including attorneys, accountants and investment advisers, to advise
and assist the personal representative and to perform acts of administration,
whether or not discretionary, on behalf of the personal representative.
(19) Prosecute or defend
actions, claims or proceedings in any jurisdiction for the protection of the
estate and of the personal representative in the performance of duties as
personal representative.
(20) Prosecute claims of
the decedent including those for personal injury or wrongful death.
(21) Continue any
business or venture in which the decedent was engaged at the time of death to
preserve the value of the business or venture.
(22) Incorporate or
otherwise change the business form of any business or venture in which the
decedent was engaged at the time of death.
(23) Discontinue and
wind up any business or venture in which the decedent was engaged at the time
of death.
(24) Provide for
exoneration of the personal representative from personal liability in any
contract entered into on behalf of the estate.
(25) Satisfy and settle
claims and distribute the estate as provided in ORS chapters 111, 112, 113,
114, 115, 116 and 117.
(26) Perform all other
acts required or permitted by law or by the will of the decedent.
SECTION 26. ORS 125.230 is amended to read:
125.230. (1) Except as provided in subsection (3) of this section, a
fiduciary’s authority terminates upon the death, resignation or removal of the
fiduciary or upon the protected person’s death. If the fiduciary is a guardian
appointed solely by reason of the minority of the protected person, the
fiduciary’s authority terminates upon the protected person attaining 18 years
of age.
(2) Resignation or
removal of a fiduciary does not discharge the fiduciary until a final report or
accounting has been approved by the court, any surety exonerated and the
fiduciary discharged by order of the court.
(3) A guardian retains
the authority to direct disposition of the remains of a deceased protected
person if the guardian is unaware of any contact during the 12-month period
immediately preceding the death of the protected person between the protected
person and any person with priority over the fiduciary to control disposition
of the remains under ORS 97.130 or to make an anatomical gift under [ORS 97.954] section 8 of this 2007
Act.
SECTION 27. ORS 125.315 is amended to read:
125.315. (1) A guardian
has the following powers and duties:
(a) Except to the extent
of any limitation under the order of appointment, the guardian has custody of
the protected person and may establish the protected person’s place of abode
within or without this state.
(b) The guardian shall
provide for the care, comfort and maintenance of the protected person and,
whenever appropriate, shall arrange for training and education of the protected
person. Without regard to custodial rights of the protected person, the
guardian shall take reasonable care of the person’s clothing, furniture and
other personal effects unless a conservator has been appointed for the
protected person.
(c) Subject to the
provisions of ORS 127.505 to 127.660, the guardian may consent, refuse consent
or withhold or withdraw consent to health care, as defined in ORS 127.505, for
the protected person. A guardian is not liable solely by reason of consent
under this paragraph for any injury to the protected person resulting from the
negligence or acts of third persons.
(d) The guardian may:
(A) Make advance funeral
and burial arrangements;
(B) Subject to the
provisions of ORS 97.130, control the disposition of the remains of the
protected person; and
(C) Subject to the
provisions of [ORS 97.954 (1)] section
8 of this 2007 Act, make an anatomical gift of all or any part of the body
of the protected person.
(e) The guardian of a
minor has the powers and responsibilities of a parent who has legal custody of
a child, except that the guardian has no obligation to support the minor beyond
the support that can be provided from the estate of the minor, and the guardian
is not liable for the torts of the minor. The guardian may consent to the
marriage or adoption of a protected person who is a minor.
(f) Subject to the
provisions of ORS 125.320 (2), the guardian may receive money and personal
property deliverable to the protected person and apply the money and property
for support, care and education of the protected person. The guardian shall
exercise care to conserve any excess for the protected person’s needs.
(2) If a conservator has
been appointed for the protected person, the guardian may file a motion with
the court seeking an order of the court on the duties of the conservator
relating to payment of support for the protected person.
SECTION 28. ORS 127.510 is amended to read:
127.510. (1) A capable adult may designate in writing a competent adult
to serve as attorney-in-fact for health care. A capable adult may also
designate a competent adult to serve as alternative attorney-in-fact if the
original designee is unavailable, unable or unwilling to serve as
attorney-in-fact at any time after the power of attorney for health care is
executed. The power of attorney for health care is effective when it is signed,
witnessed and accepted as required by ORS 127.505 to 127.660 and 127.995. The
attorney-in-fact so appointed shall make health care decisions on behalf of the
principal if the principal becomes incapable.
(2) A capable adult may
execute a health care instruction. The instruction shall be effective when it
is signed and witnessed as required by ORS 127.505 to 127.660 and 127.995.
(3) Unless the period of
time that an advance directive is to be effective is limited by the terms of
the advance directive, the advance directive shall continue in effect until:
(a) The principal dies;
or
(b) The advance
directive is revoked, suspended or superseded pursuant to ORS 127.545.
(4) Notwithstanding
subsection (3) of this section, if the principal is incapable at the expiration
of the term of the advance directive, the advance directive continues in effect
until:
(a) The principal is no
longer incapable;
(b) The principal dies;
or
(c) The advance
directive is revoked, suspended or superseded pursuant to the provisions of ORS
127.545.
(5) A health care
provider shall make a copy of an advance directive and any other instrument a
part of the principal’s medical record when a copy of that instrument is provided
to the principal’s health care provider.
(6) Notwithstanding
subsections (3) and (4) of this section, an anatomical gift, as defined in [ORS 97.950] section 2 of this 2007
Act, made on an advance directive is effective.
SECTION 29. ORS 802.179 is amended to read:
802.179. (1) The
Department of Transportation, upon request or as required by law, shall
disclose personal information from a motor vehicle record to a government
agency for use in carrying out its governmental functions.
(2) The department shall
disclose personal information from a motor vehicle record for use in connection
with matters of motor vehicle or driver safety and theft, motor vehicle
emissions, motor vehicle product alterations, recalls or advisories,
performance monitoring of motor vehicles and dealers by motor vehicle
manufacturers, and removal of nonowner records from the original owner records
of motor vehicle manufacturers to carry out the purposes of any of the
following federal Acts:
(a) The Automobile
Information Disclosure Act.
(b) The Motor Vehicle
Information and Cost Saving Act.
(c) The National Traffic
and Motor Vehicle Safety Act of 1966.
(d) The Anti-Car Theft
Act of 1992.
(e) The Clean Air Act.
(3)(a) If the department
determines that a business is a legitimate business, the department shall
disclose personal information to the business for use in the normal course of
business in:
(A) Verifying the
accuracy of personal information submitted to the business; or
(B) Correcting personal
information submitted to the business, but only in order to:
(i) Prevent fraud;
(ii) Pursue legal
remedies against the individual who submitted the personal information; or
(iii) Recover a debt
from, or satisfy a security interest against, the individual.
(b) The department shall
adopt rules specifying the kind of information that the department will accept
as evidence that a business is a legitimate business.
(4) The department shall
disclose personal information to:
(a) An attorney, a
financial institution as defined in ORS chapter 706 or a collection agency
registered under ORS 697.031 for use in connection with a civil, criminal, administrative or arbitration proceeding in any court,
government agency or self-regulatory body. Permissible uses of personal
information under this paragraph include, but are not limited to, service of
process, investigation in anticipation of litigation and the execution and
enforcement of judgments and orders.
(b) A process server
acting as an agent for an individual for use in serving documents in connection
with an existing civil, criminal, administrative or arbitration proceeding, or
a judgment, in any court, government agency or self-regulatory body. Nothing in
this paragraph limits the activities of a process server when acting as an agent
for an attorney, collection agency or like person or for a government agency.
(5) The department shall
disclose personal information other than names to a researcher for use in
researching health and educational questions and providing statistical reports,
as long as the personal information is not published, redisclosed or used to
contact individuals. The department may disclose information under this
subsection only for research sponsored by an educational institution or a
health research institution.
(6) The department shall
disclose personal information to an insurer, an insurance support organization
or a self-insured entity in connection with claims investigation activities,
antifraud activities, underwriting or rating.
(7) The department shall
disclose personal information regarding ownership or other financial interests
in a vehicle to a person who is required by the state or federal Constitution,
a statute or an ordinance to give notice to another person concerning the
vehicle. Personal information disclosed under this subsection may be used only
for giving the required notice. Persons authorized to receive personal
information under this subsection include, but are not limited to:
(a) Tow companies;
(b) Persons who have or
are entitled to have liens on the vehicle; and
(c) Persons taking an
action that could affect ownership rights to the vehicle.
(8) The department shall
disclose personal information to any private security professional certified
under ORS 181.878, to be used for the purpose of determining ownership of
vehicles parked in a place over which the private security professional, acting
within the scope of the professional’s employment, exercises control.
(9) The department shall
disclose personal information to the employer of an individual who holds a
commercial driver license, or the insurer of the employer, to obtain or verify
information about the holder of the commercial driver license.
(10) The department
shall disclose personal information to the operator of a private toll facility
for use in collecting tolls.
(11) The department may
not disclose personal information for bulk distributors of surveys, marketing
materials or solicitations except as provided in this subsection. The
department shall implement methods and procedures to ensure:
(a) That individuals are
offered an opportunity to request that personal information about themselves be
disclosed to bulk distributors; and
(b) That the personal
information provided by the department will be used, rented or sold solely for
bulk distribution of surveys, marketing materials and solicitations.
(12) The department
shall disclose personal information to a person who requests the information if
the requester provides the department with written permission from the
individual whose personal information is requested. The written permission from
the individual must be notarized.
(13) The department
shall disclose personal information to a person who is in the business of
disseminating such information under the following conditions:
(a) In addition to any
other requirements under the contract executed pursuant to paragraph (b) of
this subsection, the person requesting the information must file a performance
bond with the department in the amount of $25,000. The bond must be executed in
favor of the State of
(b) The disseminator
shall enter into a contract with the department. A contract under this
paragraph shall contain at least the following provisions:
(A) That the
disseminator will not reproduce or distribute the personal information in bulk
but only in response to an individual record inquiry.
(B) That the
disseminator will provide the personal information only to a person or
government agency authorized to receive the information under this section and
only if the person or government agency has been authorized by the department
to receive the information.
(C) That the
disseminator will have a method of ensuring that the disseminator can delay for
a period of up to two days the giving of personal information to a requester
who is not a subscriber.
(14) The department
shall disclose personal information to representatives of the news media for
the gathering or dissemination of information related to the operation of a
motor vehicle or to public safety.
(15) The department
shall disclose personal information as provided in ORS 802.220 (5).
(16) The department
shall adopt rules providing for the release of personal information from motor
vehicle records to a person who has a financial interest in the vehicle. Rules
adopted under this subsection may include, but need not be limited to, rules
establishing procedures for the department to verify the financial interest of
the person making the request for personal information.
(17) The department
shall adopt rules providing for the release of personal information from motor
vehicle records to a person who is injured by the unsafe operation of a vehicle
or who owns property that is damaged because of the unsafe operation of a
vehicle.
(18) The department
shall disclose personal information to a private investigator licensed by any
licensing authority within the State of
(19) The department
shall disclose personal information to a procurement organization as defined in
[ORS 97.950] section 2 of this
2007 Act for the purpose of facilitating the making of anatomical gifts
under the provisions of [97.952] section
3 of this 2007 Act.
SECTION 30. ORS 97.966 is amended to read:
97.966. A person named
executor who carries out [the] an
anatomical gift of the testator made under the provisions of [ORS 97.950 to 97.964] section 4 of
this 2007 Act before issuance of letters testamentary or under a will which
is not admitted to probate shall not be liable to the surviving spouse or next of
kin for performing acts necessary to carry out the gift of the testator.
SECTION 31. ORS 97.950, 97.952, 97.954, 97.956, 97.958,
97.960, 97.962 and 97.964 are repealed.
SECTION 32. (1) Sections 1 to 23 of this 2007 Act, the
amendments to statutes by sections 24 to 30 of this 2007 Act and the repeal of
statutes by section 31 of this 2007 Act apply to documents of gifts and
amendments to, revocations of and refusals of documents of gifts made on or
after the effective date of this 2007 Act.
(2) Sections 1 to 23 of
this 2007 Act, the amendments to statutes by sections 24 to 30 of this 2007 Act
and the repeal of statutes by section 31 of this 2007 Act do not apply to or
affect any action or document relating to an anatomical gift made before the
effective date of this 2007 Act.
Approved by the Governor June 27, 2007
Filed in the office of Secretary of State June 27, 2007
Effective date January 1, 2008
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