Report Title:
Uniform Anatomical Gift Act
Description:
Prohibits a hospital, physician, surgeon, or procurement organization from rejecting an anatomical gift based solely upon the lack of consent of the donor's next of kin and requires a hospital, physician, surgeon, or procurement organization to report all rejections of an anatomical gift to the department of health.
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THE SENATE |
S.B. NO. |
1862 |
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TWENTY-FOURTH LEGISLATURE, 2007 |
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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:
SECTION 1. The purpose of this Act is to prohibit a hospital, physician, surgeon, or procurement organization from rejecting an anatomical gift solely on the lack of consent of the donor's next of kin and to require a hospital, physician, surgeon, or procurement organization to report any rejection of an anatomical gift to the department of health.
SECTION 2. Section 327-2, Hawaii Revised Statutes, is amended by amending subsection (h) to read as follows:
"(h) An anatomical gift that is not revoked by the donor before death is irrevocable and does not require the consent or concurrence of any person after the donor's death.
Any person, hospital, or organization that
relies on the document of gift and acts in good faith in accordance with this
chapter shall not be subject to criminal or civil liability from any action
taken under this chapter[.], except as provided in section 327-8.
The immunity provided by this subsection shall not extend to the person,
hospital, or organization if damages result from the gross negligence,
recklessness, or intentional misconduct to the donor."
SECTION 3. Section 327-8, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Rights of a donee created by an
anatomical gift are superior to rights of others except with respect to
autopsies under section 327-11. A donee may accept or reject an anatomical
gift[.]; provided that a hospital, physician, surgeon, or procurement
organization shall not reject an anatomical gift, where the donor has made a
gift by signing a document of gift, regardless of whether the donor's spouse,
reciprocal beneficiary, or parent has signed or consented to the document of
gift. Rejection of an anatomical gift by a hospital, physician, surgeon, or
procurement organization in violation of this subsection shall subject the
hospital, physician, surgeon, or procurement organization to a civil fine of $
per incident. All rejections of an anatomical gift by a hospital, physician,
surgeon, or procurement organization, shall be reported to the department of
health by the hospital, physician, surgeon, or procurement organization
rejecting the anatomical gift. Any hospital, physician, surgeon, or procurement
organization that fails to report a rejection under this subsection shall be
subject to a civil fine of $
per incident. Notwithstanding any law to the contrary, reports of rejections
of anatomical gifts that are made to the department of health shall be open for
public inspection. If a donee accepts an anatomical gift of an entire
body, the donee, subject to the terms of the gift, may allow embalming and use
of the body in funeral services. If the gift is of a part of a body, the donee,
upon the death of the donor and before embalming, shall cause the part to be
removed without unnecessary mutilation. After removal of the part, custody of
the remainder of the body vests in the person under obligation to dispose of
the body."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2007.
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INTRODUCED BY: |
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