Louisiana SB 311: DONATIONS: Provides procedures and methods to execute gifts under the Anatomical Gift Act. (1/1/27)

Bill Text

SLS 26RS-439 ORIGINAL
2026 Regular Session
SENATE BILL NO. 311
BY SENATOR PRESSLY
DONATIONS. Provides procedures and methods to execute gifts under the Anatomical Gift
Act. (1/1/27)
1 AN ACT
2 To amend and reenact R.S. 17:2351, 2354, 2354.1 and 2354.2 and to enact R.S.17:2351.1,
3 and 2354.10 through 2354.13, relative to anatomical gifts; to provide requirements
4 and methods for executing an anatomical gift; to provide for definitions; to provide
5 for authority to execute or revoke an anatomical gift; to provide for an effective date;
6 and to provide for related matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 17:2351, 2354, 2354.1 and 2354.2 are hereby amended and reenacted
9 and R.S.17:2351.1, and 2354.10 through 2354.13 are hereby enacted to read as follows:
10 §2351. Definitions
11 As used in this Part, the following terms have the following meanings:
12 (1) "Adult" means a person who has attained eighteen years of age.
13 (2) "Agent" means a person:
14 (a) Authorized to make health care decisions on behalf of the principal by a
15 power of attorney for health care; or
16 (b) Expressly authorized to make an anatomical gift on behalf of the principal
17 by any other record signed by the principal.
Page 1 of 15
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.

SB NO. 311
SLS 26RS-439 ORIGINAL
1 (3) "Anatomical gift" or "gift" means a donation of all or part of a human
2 body to take effect after the death of the donor for the purpose of transplantation,
3 therapy, research, or education.
4 (4) "Authorization" means a legally effective expression of intent
5 governing acts to be undertaken after the death of the individual, including the
6 recovery of organs or tissue pursuant to an anatomical gift.
7 (5) "Consent" means a legally effective permission governing acts to be
8 undertaken prior to the death of the individual, including premortem
9 interventions, tests, procedures, or medications.
10 (4)(6) "Decedent" means a deceased person whose body or part is or may be
11 the source of an anatomical gift. The term does not include a stillborn infant and,
12 subject to restrictions imposed by law, a fetus.
13 (5)(7) "Disinterested witness" means a witness other than the spouse, child,
14 parent, sibling, grandchild, grandparent, or guardian of the person who makes,
15 amends, revokes, or refuses to make an anatomical gift, or an adult who exhibited
16 special care and concern for the person. The term does not include a recipient of an
17 anatomical gift in accordance with the provisions of R.S. 17:2353.
18 (6)(8) "Document of gift" means a donor card or other record used to make
19 an anatomical gift. The term includes a statement or symbol on a driver's license,
20 identification card, fishing license, hunting license, or donor registry.
21 (7)(9) "Donor" means a person whose body or part is the subject of an
22 anatomical gift.
23 (8)(10) "Donor registry" means a record or database maintained or
24 recognized by the state that contains records of legally effective authorizations to
25 make anatomical gifts and any amendments to or revocations thereof of an
26 authorization.
27 (9)(11) "Driver's license" means a license or permit issued by the Louisiana
28 Department of Public Safety and Corrections, office of motor vehicles, to operate a
29 vehicle, whether or not conditions are attached to the license or permit.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.

SB NO. 311
SLS 26RS-439 ORIGINAL
1 (10) "Eye bank" means a person that is licensed, accredited, or regulated
2 under federal or state law to engage in the recovery, screening, testing, processing,
3 storage, or distribution of human eyes or portions of human eyes.
4 (11) "Fishing license" means a license or permit issued by the Louisiana
5 Department of Wildlife and Fisheries to fish as defined in R.S. 56:8, for a
6 recreational purpose as defined in R.S. 56:8.
7 (12) "Guardian" means a person appointed by a court to make decisions
8 regarding the support, care, education, health, or welfare of a person. The term does
9 not include a guardian ad litem.
10 (13) "Hospital" means a facility licensed as a hospital under the laws of any
11 state or a facility operated as a hospital by the United States, a state, or a subdivision
12 of a state.
13 (14) "Hunting license" means a license or permit issued by the Louisiana
14 Department of Wildlife and Fisheries to hunt as defined in R.S. 56:8 for a
15 recreational purpose as defined in R.S. 56:8.
16 (15) "Identification card" means a card issued by the Louisiana Department
17 of Public Safety and Corrections, office of motor vehicles.
18 (16) "Know" means to have actual knowledge.
19 (17) "Legally effective" means having binding force under this Part and
20 not subject to override except as expressly provided by l