STAND. COM. REP. NO. 499

                                   Honolulu, Hawaii
                                                     , 1999

                                   RE:  S.B. No. 145
                                        S.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committees on Health and Human Services and Judiciary,
to which was referred S.B. No. 145 entitled: 

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

beg leave to report as follows:

     The purpose of this measure is to increase the number of
organ donations.

     Your Committees received testimony in support of this
measure from the Office of Lieutenant Governor, Organ Donor
Center of Hawaii, Hawaii Nurses Association, Healthcare
Association of Hawaii, National Kidney Foundation of Hawaii,
Kaiser Permanente, St. Francis Medical Center, and seven private
citizens.  The Department of Health (DOH) submitted testimony in
opposition for lack of resources to conduct annual death record
reviews.  The Legislative Reference Bureau (LRB) provided
informational testimony.

     This measure enacts the recommendations of the LRB's report,
"Heart and Soul:  Anatomical Gifts for Hawaii s' Transplant
Community", Report No. 3, 1998.  The LRB conducted the study
pursuant to House Resolution No. 16, 1998, and made the following
recommendations:

     (1)  Adoption of a required referral system involving all
          acute care hospitals;


 
a                                                     SB145 SD1
 
                                   STAND. COM. REP. NO. 499
                                   Page 2


     (2)  As part of the required referral system, have a
          trained, designated requester;

     (3)  Conduct an annual death review of death records;

     (4)  Give the Lieutenant Governor the responsibility for
          increasing the visibility of organ donations through
          education and public awareness projects;

     (5)  Creation of an advisory committee on organ donation;
          and

     (6)  Establishment of a dedicated source of funding to help
          pay for educational programs.

     Your Committees have amended this measure on the
recommendations of the Organ Donor Center, by:

     (1)  Deleting section 327-A(b), Hawaii Revised Statutes
          (HRS), relating to actual notice of opposition;

     (2)  Deleting the requirement that the DOH conduct the
          annual death record review and requiring the organ
          procurement organization to conduct the reviews;

     (3)  Deleting the imposition of fines by the DOH;

     (4)  Deleting the list of specified duties of the advisory
          committee and substituting general language requiring
          that the advisory committee promote educational
          programs;

     (5)  Adding a revision to section 286-109.5, HRS, to require
          the examiner of licenses to adopt rules to allow an
          organ procurement organization to have twenty-four hour
          access to the drivers' licensing database;

     (6)  Deleting the repeal of section 327-2(h), HRS, relating
          to prohibiting the revocation of the intent of the
          decedent under specified circumstances;

     (7)  Increasing the membership of the advisory committee on
          anatomical gifts to at least twenty but not more than
          twenty-five members;

     (8)  Enumerating specific organizations or representative
          groups from which to choose members of the advisory
          committee; and


 
a                                                     SB145 SD1
                                   STAND. COM. REP. NO. 499
                                   Page 3


     (9)  Making technical, nonsubstantive amendments, such as
          renumbering sections and reformatting, to reflect
          preferred drafting style.

     As affirmed by the records of votes of the members of your
Committees on Health and Human Services and Judiciary that are
attached to this report, your Committees are in accord with the
intent and purpose of S.B. No. 145, as amended herein, and
recommend that it pass Second Reading in the form attached hereto
as S.B. No. 145, S.D. 1, and be referred to the Committee on Ways
and Means.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committees on Health and Human
                                   Services and Judiciary,



____________________________       ______________________________
AVERY B. CHUMBLEY, Co-Chair        SUZANNE CHUN OAKLAND, Chair



____________________________
MATTHEW M. MATSUNAGA, Co-Chair

 
a                                                     SB145 SD1