HOUSE OF REPRESENTATIVES

H.B. NO.

1274

TWENTY-SEVENTH LEGISLATURE, 2013

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO ANATOMICAL TRANSPLANTS.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


SECTION 1. In December 2011, Hawaii Medical Center's two hospitals, one in Ewa Beach and one in Liliha, closed due to bankruptcy. The closure of these two medical facilities resulted in the cessation of their hospital programs, emergency room services, and comprehensive medical services, as well as the State's only organ transplant program.

Act 1, Session Laws of Hawaii 2012, appropriated emergency funds, subject to dollar-for-dollar private matching funds, to support services by Queen's Medical Center to perform kidney and liver transplants in Hawaii, and by the National Kidney Foundation of Hawaii to maintain its chronic kidney disease management program. The legislature recognizes that, since the closure of Hawaii Medical Center's facilities, organ transplant services in Hawaii have been transitioning to those critical kidney and liver transplant services provided by Queen's Medical Center.

The purpose of this Act is to ensure fair opportunity in the State to receive potentially life-saving organ transplants.

SECTION 2. Chapter 325, Hawaii Revised Statutes, is amended by adding a new section to part VI to be appropriately designated and to read as follows:

"325-   Anatomical transplants. (a) No health care facility or health care provider shall discriminate against a person who has HIV, ARC, or AIDS and who is need of an organ transplantation, by refusing to perform the organ transplantation.

(b) As used in this section:

"Health care facility" means a facility as defined in section 323D-2.

"Health care provider" means a health care facility, physician licensed pursuant to chapter 453, or transplant hospital as defined in section 327-2.

"HIV", "ARC", and "AIDS" have the same meaning as used in section 325-101."

SECTION 3. Section 327-11, Hawaii Revised Statutes, is amended to read as follows:

"[[]327-11[]] Persons that may receive anatomical gift; purpose of anatomical gift. (a) An anatomical gift of a body or body part may be made to the following persons:

(1) A named hospital, accredited medical school, dental school, college, university, or organ procurement organization, or other appropriate person for research or education;

(2) A named individual designated by the person making the anatomical gift if the individual is the recipient of the body part; or, if the body part for any reason cannot be transplanted into the individual, the body part shall pass in accordance with subsection (f) in the absence of an express, contrary indication by the person making the anatomical gift; or

(3) A named eye bank or tissue bank.

(b) If an anatomical gift of one or more specific body parts or of all body parts is made in a document of gift that does not name a person described in subsection (a) but identifies the purpose for which an anatomical gift may be used, the following rules shall apply:

(1) If the body part is an eye and the gift is for transplantation or therapy, the gift shall pass to the appropriate eye bank;

(2) If the body part is tissue and the gift is for transplantation or therapy, the gift shall pass to the appropriate tissue bank;

(3) If the body part is an organ and the gift is for transplantation or therapy, the gift shall pass to the appropriate organ procurement organization as custodian of the organ; and

(4) If the body part is an organ, an eye, or tissue and the gift is for research or education, the gift shall pass to the appropriate procurement organization.

(c) For the purpose of subsection (h), if there is more than one purpose of an anatomical gift set forth in the document of gift but the purposes are not set forth in any priority, the gift shall be used for transplantation or therapy if suitable for those purposes and, if the gift cannot be used for transplantation or therapy, the gift may be used for research or education.

(d) If an anatomical gift of one or more specific body parts is made in a document of gift that does not name a person described in subsection (a) and does not identify the purpose of the gift, the decedent's body parts may be used only for transplantation or therapy, and the gift shall pass in accordance with subsection (f).

(e) If a document of gift specifies only a general intent to make an anatomical gift by words such as "donor", "organ donor", or "body donor", or by a symbol or statement of similar import, the decedent's body parts may be used only for transplantation or therapy, and the gift shall pass in accordance with subsection (f).

(f) For purposes of subsections (a)(2), (c), and (d), the following rules shall apply:

(1) If the body part is an eye, the gift shall pass to the appropriate eye bank;

(2) If the body part is tissue, the gift shall pass to the appropriate tissue bank; and

(3) If the body part is an organ, the gift shall pass to the appropriate organ procurement organization as custodian of the organ.

(g) An anatomical gift of an organ for transplantation or therapy, other than an anatomical gift under subsection (a)(2), shall pass to the organ procurement organization as custodian of the organ.

(h) If an anatomical gift does not pass pursuant to subsections (a) through (g), or the decedent's body or body part is not used for transplantation, therapy, research, or education, custody of the body or body part shall pass to the person under obligation to dispose of the body or body part.

(i) A person may not accept an anatomical gift if the person knows that the gift was not effectively made under section 327-5 or 327-10 or if the person knows that the decedent made a refusal under section 327-7 that was not revoked. For purposes of this subsection, if a person knows that an anatomical gift was made on a document of gift, the person is deemed to know of any amendment or revocation of the gift or any refusal to make an anatomical gift on the same document of gift.

(j) Except as otherwise provided in subsection (a)(2), nothing in this part shall affect the allocation of organs for transplantation or therapy.

(k) Nothing in this section shall be construed to prohibit a person with human immunodeficiency virus, acquired immune deficiency syndrome, or an AIDS related complex from receiving an anatomical gift."

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, 2013.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Anatomical Transplants; Human Immunodeficiency Virus; Acquired Immune Deficiency Syndrome; AIDS-Related Complex

 

 

Description:

Prohibits a health care facility or health care provider from discriminating against a person who has HIV, AIDS, or ARC, and who is in need of an organ transplantation by refusing to perform the organ transplantation. Establishes that persons with HIV, AIDS, or ARC shall not be prohibited from receiving an anatomical gift.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.