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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2661 |
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TWENTY-FIFTH LEGISLATURE, 2010 |
H.D. 2 |
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STATE OF HAWAII |
S.D. 2 |
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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 save lives, improve the quality of life for those in Hawaii who need organ transplants, and enhance the quality of medical education in Hawaii by ensuring that the wishes of family members approving anatomical gifts, in the form of their relative's body or body parts, are fulfilled, unless a person authorized to override the approval makes an express statement to amend or revoke the approval.
SECTION 2. Section 327-10, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) Subject to subsection (c), an
anatomical gift by a person authorized under section 327-9 may be amended or
revoked orally or in a record by any member of a prior class who is reasonably
available[.]; provided that any amendment or revocation by the member
of the prior class shall be an express, unequivocal revocation or amendment of
the earlier anatomical gift by the member of the subordinate class, or the
attempted amendment or revocation by the member of the prior class shall be
ineffective. If more than one member of the prior class is reasonably
available, the gift made by a person authorized under section 327-9 may be
amended or revoked only if a majority of the reasonably available members of
that class agree to the amending or revoking of the gift [or they are
equally divided as to whether to amend or revoke an anatomical gift.]; provided
that any amendment or revocation by the majority of the reasonably available
members of that prior class shall be an express, unequivocal revocation or
amendment of the earlier anatomical gift by the member of the subordinate
class, or the attempted amendment or revocation by the majority of the members
of the prior class shall be ineffective."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on December 1, 2050.
Report Title:
Anatomical Gifts
Description:
Establishes that, when an authorized person other than the decedent approves an anatomical gift of the decedent's body or body parts, only an express statement by a person or persons authorized to amend or revoke the earlier approval will amend or revoke that decision. Effective December 1, 2050. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.