STAND. COM. REP. NO. 107

                                 Honolulu, Hawaii
                                                   , 1999

                                 RE: H.B. No. 547
                                     H.D. 1




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Health, to which was referred H.B. No. 547
entitled: 

     "A BILL FOR AN ACT RELATING TO ANATOMICAL GIFTS,"

begs leave to report as follows:

     The purpose of this bill is to increase the numbers of organ
and tissue donors in Hawaii by amending Hawaii's Uniform
Anatomical Gift Act to, among other things, require all acute
care hospitals at or near the time of every death to report to
the Organ Procurement Organization (OPO) to determine suitability
for organ donation of the individual in question.

     The Organ Donor Center of Hawaii, the National Kidney
Foundation of Hawaii, the Healthcare Association of Hawaii, the
Hawaii Nurses' Association, the St. Francis Medical Center, and
several individuals submitted testimony in support of this
measure.  The Department of Health (DOH) and Kaiser Permanente
submitted testimony in support of the intent of this measure.
One individual submitted comments.

     Your Committee finds that this measure will put into place
mechanisms to ensure appropriate education and mandates with the
intent to increase organ donation within the State.

     Your Committee has amended this measure by:

     (1)  Deleting the provision prohibiting family members from
          overriding the donor's wishes when evidenced by a

 
 
                                 STAND. COM. REP. NO. 107
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          document of gift because organ donation is an option
          that families must decide upon based on what is right
          for them;

     (2)  Deleting the provision that supports the wishes of the
          person who has listed "organ donation" on the person's
          driver's license irregardless of another person's
          wishes because it is currently standard practice to
          obtain consent from the donor's family;

     (3)  Charging the OPO to conduct annual death reviews
          instead of DOH;

     (4)  Deleting the assessment of a fine for noncompliance;

     (5)  Specifying the composition of the Advisory Committee on
          Anatomical Gifts and making it:

          (A)  Promote educational programs to increase awareness
               of organ donation needs; and

          (B)  Engage in any other information, educational, and
               promotional efforts that will help to increase
               organ, tissue, and eye donation;

     (6)  Allowing organ, tissue, and eye recovery agencies or an
          OPO twenty-four hour telephone access to the driver's
          license database information;

     (7)  Specifying how moneys from the Hawaii Organ and Tissue
          Education Special Fund will be apportioned;

     (8)  Establishing a voluntary fee to be deposited into the
          Hawaii the Organ and Tissue Education Special Fund; and

     (9)  Making technical, nonsubstantive amendments for
          purposes of clarity and style.

     As affirmed by the records of votes of the members of your
Committees on Health that are attached to this report, your
Committees are in accord with the intent and purpose of H.B. No.
547, as amended herein, and recommends that it pass Second
Reading in the form attached hereto as H.B. No. 547, H.D. 1, and
be referred to the Committees on Consumer Protection and Commerce
and Judiciary and Hawaiian Affairs.


 
 
 
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                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Health,



                                   ______________________________
                                   ALEXANDER C. SANTIAGO, Chair