REPORT TITLE:
Anatomical Gifts


DESCRIPTION:
Authorizes the State to require an anatomical gift unless
objected to for religious, ethical, or moral reasons within 24
hours of a death; requires recipient of an anatomical gift to pay
reasonable cost of the decedent's funeral.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           2519
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   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 be appropriately designated and to
 

 
Page 2                                                     
                                     S.B. NO.           2519
                                                        
                                                        

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

 
Page 3                                                     
                                     S.B. NO.           2519
                                                        
                                                        

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