THE SENATE |
S.B. NO. |
1500 |
TWENTY-SIXTH LEGISLATURE, 2011 |
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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 save lives and improve the quality of life of Hawaii's people who need organ transplantation. This Act also is intended to improve the quality of medical education in Hawaii by ensuring that the proper individuals and entities fulfill their obligation to effectuate anatomical gifts.
SECTION 2. Section 327-14, Hawaii Revised Statutes, is amended by amending subsection (i) to read as follows:
"(i) Subject to sections 327-11(h) and 327-23,
the rights of the person to which a body part passes under section 327-11 are
superior to rights of all others with respect to the body part. The person [may]
to whom an anatomical gift passes under this chapter shall accept or
reject [an] the anatomical gift [in whole or in part.] unless
the anatomical gift is medically unsuitable for transplantation, therapy,
research, or education. The acceptance shall occur when the anatomical gift is
made under this chapter, regardless of whether another person, including family
members of the donor, has made an anatomical gift. Subject to the terms of
the document of gift and this part, a person that accepts an anatomical gift of
an entire body may allow embalming or cremation and use of remains in a funeral
service. If the gift is of a body part, the person to which the body part
passes under section 327-11, upon the death of the donor and before embalming
or cremation, shall cause the body part to be removed without unnecessary
mutilation."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
INTRODUCED BY: |
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Report Title:
Anatomical Gifts; Acceptance
Description:
Requires a person to whom an anatomical gift passes to accept the gift if it is medically suitable for transplantation, therapy, research, or education.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.