Report Title:

Organ Donation

WHEREAS, state law provides for individuals to exercise their freedom of choice to provide the ultimate gift, donation of their organs; and

WHEREAS, in 1999, the Organ Donor Center of Hawaii's statistics showed an increase of 62% in the number of organ donors from 1998 and an 80% increase in the number of transplants performed statewide from 1998; and

WHEREAS, in 2000, the Organ Donor Center of Hawaii's statistics indicated an increase of 12% in the number of organ donors from 1999 and a 4% increase in the number viable organs procured from 1999, showing that more individuals are choosing to donate their organs; and

WHEREAS, there is still a great demand for organ donation as the Organ Donor Center of Hawaii's January 3, 2001 report shows that as of January 3, 2001, 226 people are waiting for a kidney transplant, 23 people are waiting for a liver transplant, 1 person is waiting for a heart transplant, 3 people are waiting for a kidney-pancreas transplant, and 2 people are waiting for a pancreas transplant, for a total of 255 people waiting for an organ transplant; and

WHEREAS, one obstacle to increased organ donation is the sudden refusal of family members to allow for organ procurement despite the written desire to provide for donation; and

WHEREAS, state law provides that an anatomical gift that is not revoked during a person's lifetime is irrevocable; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-first Legislature of the State of Hawaii, Regular Session of 2001, that this body is requested to affirm that an anatomical gift memorialized by a power of attorney for health care, an advance health-care directive, or a driver's license notation is irrevocable if not revoked during a person's lifetime; and

BE IT FURTHER RESOLVED that this body affirm that the irrevocable nature of an anatomical gift extends to all persons who may dispute the gift, including family members; and

BE IT FURTHER RESOLVED that this body affirm that state law clearly respects the freedom of choice of an individual with regards to this most important decision and that state law reflects this by protecting the individual's right to choose and penalizing those that would interfere with that choice posthumously; and

BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Governor, Director of Health, and the Director of the Organ Donor Center of Hawaii.