HB0146 Smith, Philip

P R E F I L E D

HB 146 -- Anatomical Gifts

This bill makes several changes to the Uniform Anatomical Gift Act. In its main provisions, the bill:

(1)˙Authorizes a donee to accept an organ donation without obtaining the consent of any other person when the donor has made an express desire to donate;

(2)˙Changes the priority list of next-of-kin who may donate organs when the donor has not made an express donation. The bill lists an attorney-in-fact acting under a durable power of attorney that expressly refers to making an organ donation gift as the first person on the priority list. Under current law, a donor's spouse is the first person on such list;

(3)˙Requires hospitals to request consent to a donation from a person authorized to dispose of the body when the hospital cannot identify an attorney-in-fact acting under a durable power of attorney or next-of-kin who is authorized to make an organ donation;

(4)˙Permits any physician to accept an organ donation if there is no specified donee, the donee is not available at the time of death, or if the gift cannot be implemented. Under current law, the attending physician is the only physician authorized to act as donee in these circumstances;

(5)˙Authorizes organ procurement organizations and tissue banks to employ coordinators to assist in obtaining cadaveric organs and tissue for transplant and research. Coordinators who assist in the procurement of such organs and tissues must do so under the indirect supervision of a physician; and

(6)˙Requires coroners and medical examiners to make reasonable efforts to accommodate organ donations during the performance of their duties.