REPORT TITLE:
Organ Donors


DESCRIPTION:
Requires State to take organ if no agreement is made to donate
organ of deceased, provided that relatives (in order of
precedence) may by notarized document refuse and object to the
donation for religious, ethical, or moral reasons within 24 hours
of death.  Requires organ procurement organization to coordinate
a payment of donor's average funeral cost from the recipient.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2735
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO ANATOMICAL GIFTS.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  The legislature finds that there exists in the
 
 2 State a shortage of organ and tissue donors to provide the organs
 
 3 and tissues that could save lives or enhance the quality of life
 
 4 for many persons.  There are many more patients on the waiting
 
 5 list for a kidney, liver, heart, lung, or other solid organs than
 
 6 there are donated organs.  As a result, many patients die before
 
 7 they can be given a second chance at life.
 
 8      The legislature further finds that particular difficulties
 
 9 exist in making members of various minority groups aware of the
 
10 need for anatomical gifts.  For various reasons, minorities
 
11 appear to be at increased risk to suffer illnesses, such as
 
12 diabetes, which destroy healthy organs and require replacement.
 
13 The chances of finding a good organ match is increased if the
 
14 donor is of the same ethnic group as the transplant recipient.
 
15 Minority ethnic groups must be incorporated in the organ donation
 
16 process to fill this great need among their own people for
 
17 anatomical gifts.
 
18      SECTION 2.  Chapter 327, Hawaii Revised Statutes, is amended
 
19 by adding two new sections to part I, to be appropriately
 

 
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 1 designated and to read as follows:
 
 2      "§327-A  Donation of anatomical gifts unless objected to.
 
 3 Notwithstanding any other law to the contrary, if the potential
 
 4 donor of an anatomical gift has not agreed to making a donation
 
 5 pursuant to this part, the State shall require that an anatomical
 
 6 gift be made from a potential donor with an organ procurement
 
 7 organization to coordinate the donation of the anatomical gift;
 
 8 provided, however, that the State shall not require that an
 
 9 anatomical gift be made if any of the individuals listed in
 
10 section 327-3(a) objects to a donation for religious, ethical, or
 
11 moral reasons, and expresses this objection in a notarized
 
12 document within twenty-four hours after the death of the
 
13 decedent.
 
14      §327-B  Funeral cost for donor.  The family of the decedent
 
15 who has made an anatomical gift pursuant to the terms of section
 
16 327-A shall receive from the recipient of the anatomical gift as
 
17 coordinated by an organ procurement organization, the average
 
18 cost of a funeral for the decedent."
 
19      SECTION 3.  In codifying the new sections added to chapter
 
20 327, Hawaii Revised Statutes, by section 2 of this Act, the
 
21 revisor of statutes shall substitute appropriate section numbers
 
22 for the letters used in the new sections designated in this Act.
 
23      SECTION 4.  New statutory material is underscored.
 

 
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 1      SECTION 5.  This Act shall take effect upon its approval.
 
 2 
 
 3                              INTRODUCED BY:______________________