STAND. COM. REP. NO. 2335

Honolulu, Hawaii

RE:    S.B. No. 2099

       S.D. 1

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

Madam:

     Your Committee on Health, to which was referred S.B. No. 2099 entitled:

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

begs leave to report as follows:

     The purpose of this measure is to help save lives and increase the number of organ donations by improving the system currently in place for anatomical gift donations.

     Specifically, this measure revises and updates the original Uniform Anatomical Gift Act.  Further, this measure is limited in scope to donations from deceased donors as a result of gifts made before or after death and enables anatomical gifts to be donated in the absence of a document of gift as currently required.

     Your Committee received testimony in support of this measure from the Organ Donor Center of Hawaii; the Hawaii Coalition on Donation; Case Management Professionals, Inc.; and the Commission to Promote Uniform Legislation.

     Your Committee finds that this measure provides the necessary statutory uniformity that will enable the system currently in place for anatomical gift donations to be much more efficient.  It will help to increase the number of available organs and tissues for transplantation that will save the lives of patients in need of organ transplants.

     Your Committee has amended this measure by:

     (1)  Deleting language requiring the medical examiner or coroner or designee to "make every effort" and replacing it with language requiring a "reasonable effort" to conduct a post-mortem examination of the body or the part, or to attend the removal procedure for the part before making a final determination;

     (2)  Amending section 327-T in section 1 to address conflict resolution where a prospective donor's declaration or advanced health care directive is in conflict with the express or implied terms of a potential anatomical gift regarding the medical suitability of the part; and

     (3)  Making technical, nonsubstantive changes for the purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Health that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2099, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2099, S.D. 1, and be referred to the Committee on Judiciary and Labor.

Respectfully submitted on behalf of the members of the Committee on Health,

____________________________

DAVID Y. IGE, Chair