REPORT TITLE:
Anatomical Gifts


DESCRIPTION:
Requires all acute care hospitals in Hawaii to report to the
organ procurement organization (OPO) by telephone to determine
suitability for organ, tissue, or eye donation of the individual
who is dying.  Requires the hospital to develop protocols for
presenting the option to donate to the individual or the
individual's family.  Requires the OPO and hospital
representatives to conduct an annual death record review.
Establishes an organ donation advisory committee.  Authorizes
voluntary contribution of $1 from drivers when applying for or
renewing driver's licenses.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
HOUSE OF REPRESENTATIVES                H.B. NO.861        
TWENTIETH LEGISLATURE, 1999                                
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.  Findings and purpose.  The legislature finds
 
 2 that there exists in the State a shortage of organ and tissue
 
 3 donors to provide the organs and tissue that could save lives or
 
 4 enhance the quality of life for many persons.  There are many
 
 5 more patients on the waiting list for a kidney, liver, heart,
 
 6 lung, or other solid organs than there are donated organs.  As a
 
 7 result many patients die before they can be given a second chance
 
 8 at life.
 
 9      The legislature further finds that particular difficulties
 
10 exist in making members of various minority groups aware of the
 
11 need for anatomical gifts.  For various reasons minorities appear
 
12 to be at increased risk to suffer illnesses such as diabetes,
 
13 that destroy healthy organs and require replacement.  The chances
 
14 of finding a good organ match is increased if the donor is of the
 
15 same ethnic group as the transplant recipient.  Minority ethnic
 
16 groups must be educated in the great need among their own people
 
17 for anatomical gifts, because studies have shown that education
 
18 of the public can increase donation rates.  The legislature finds
 
19 that more education and discussion among families are necessary
 

 
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 1 to encourage organ donation.
 
 2      The purpose of this Act is to increase the number of
 
 3 patients being asked to donate organs, to expand educational
 
 4 efforts across all ethnic, religious, and age groups, and to
 
 5 increase the supply of organs for waiting transplant recipients.
 
 6      SECTION 2.  Chapter 327, Hawaii Revised Statutes, is amended
 
 7 by adding three new sections to be appropriately designated and
 
 8 to read as follows:
 
 9      "§327-A  Required referral; protocols.  (a)  Within one year
 
10 of the effective date of this Act, each acute care hospital in
 
11 the State shall develop and implement written protocols to assure
 
12 that the appropriate organ, tissue, or eye recovery agency is
 
13 notified by telephone of all individuals whose death is imminent
 
14 or who have died in the hospital.  This contact shall be noted on
 
15 the patient's medical record.
 
16      (b)  The protocol shall include the organ procurement
 
17 organization in determining medical suitability for organ,
 
18 tissue, and eye donation in the absence of alternative
 
19 arrangements by the hospital.  The individual designated by the
 
20 hospital to initiate the request to the family shall be a
 
21 designated requestor, or a representative of an appropriate
 
22 organ, tissue, or eye recovery agency, and trained in the proper
 
23 method for approaching potential donor families and requesting
 

 
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                                     H.B. NO.861        
                                                        
                                                        


 1 organ, tissue, or eye donation.
 
 2      (c)  The hospital, in collaboration with the appropriate
 
 3 organ, tissue, or eye recovery agency shall ensure that the
 
 4 family of each potential donor is informed of its options to
 
 5 donate organs, tissues, or eyes or to decline to donate.  The
 
 6 request shall be made with discretion, sensitivity, and respect
 
 7 to the circumstances, views, and beliefs of the families.
 
 8      (d)  The hospital protocol shall include procedures to
 
 9 ensure that the hospital works cooperatively with the appropriate
 
10 organ, tissue, or eye recovery agency in educating staff on
 
11 donation issues and maintaining potential donors while necessary
 
12 testing and placement of potential donated organs, tissues, and
 
13 eyes takes place.
 
14      (e)  The hospital protocol shall include an annual death
 
15 record review with the cooperation of the appropriate organ,
 
16 tissue, or eye recovery agency.
 
17      §327-B  Advisory committee on anatomical gifts.  (a)  There
 
18 is established within the department of health for administrative
 
19 purposes the advisory committee on anatomical gifts consisting
 
20 of:
 
21      (1)  Current board members of the organ donor center of
 
22           Hawaii;
 
23      (2)  Advisory council of minority organ tissue transplant
 

 
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                                     H.B. NO.861        
                                                        
                                                        


 1           education program; and
 
 2      (3)  Hawaii's coalition of organ donation related agencies
 
 3           and individuals, including donor families and
 
 4           transplant recipients, National Kidney Foundation in
 
 5           Hawaii, the American Heart Association, and Aloha
 
 6           Transplant Recipients International Organization.
 
 7 One year after the effective date of this Act, the advisory
 
 8 committee may be supplemented by other members, following an
 
 9 evaluation of its functions.  A majority of the members then
 
10 serving shall constitute a quorum.  Members shall select their
 
11 own chairperson who shall serve for two years.
 
12      (b)  The committee shall promote educational programs to
 
13 increase awareness of organ donation needs, and engage in any
 
14 other informational, educational, and promotional efforts that
 
15 will help to increase organ, tissue, and eye donations.
 
16      §327-C  Organ and tissue education special fund.  The Hawaii
 
17 organ and tissue education special fund is established in the
 
18 state treasury and shall be administered by the department of
 
19 health.  The fund shall be used for educational purposes to
 
20 promote organ, tissue, and eye donation programs, in schools and
 
21 other public places including motor vehicle registration offices,
 
22 buses, libraries, and government offices, and shall be
 
23 apportioned as follows:
 

 
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                                     H.B. NO.861        
                                                        
                                                        


 1      (1)  Thirty per cent to the minority organ tissue transplant
 
 2           education program;
 
 3      (2)  Twenty per cent to the local organ procurement
 
 4           organization for the development and implementation of
 
 5           public education programs; and
 
 6      (3)  Fifty per cent to Hawaii's coalition of organ donation
 
 7           related agencies for public education programs and
 
 8           activities."
 
 9      SECTION 3.  Chapter 286, Hawaii Revised Statutes, is amended
 
10 by adding two new section to be appropriately designated and to
 
11 read as follows:
 
12      "§286-A  Organ and tissue education fee.  Notwithstanding
 
13 any other law to the contrary, not later than January 1, 2000, an
 
14 additional fee of $1 for each certificate of registration or
 
15 driver's license application or renewal may be collected annually
 
16 by the director of finance of each county, to be deposited into
 
17 the organ and tissue education special fund pursuant to section
 
18 327-C.  Each driver applying for or renewing the driver's
 
19 application shall be asked if they would be willing to
 
20 voluntarily donate $1 to the fund whether or not the driver has
 
21 indicated a willingness to be an organ donor pursuant to section
 
22 286-109.5.
 
23      §286-B  Limited access to driver's license anatomical gift
 

 


 

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                                     H.B. NO.861        
                                                        
                                                        


 1 data.  The examiner of drivers shall adopt rules pursuant to
 
 2 chapter 91 to allow an appropriate organ, tissue, and eye
 
 3 recovery agency or organ procurement organization to
 
 4 twenty-four-hour telephone access to the driver's license
 
 5 database information, solely for the purpose of determining
 
 6 whether a driver has indicated a willingness to be an organ donor
 
 7 pursuant to section 286-109.5 when the information is requested
 
 8 pursuant to section 327-A."
 
 9      SECTION 4.  In codifying the new sections added by section 2
 
10 of this Act, the revisor of statutes shall substitute appropriate
 
11 section numbers for the letters used in the new sections
 
12 designated in this Act.
 
13      SECTION 5.  New statutory material is underscored.
 
14      SECTION 6.  This Act shall take effect upon its approval.
 
15 
 
16                              INTRODUCED BY:______________________