Honolulu, Hawaii
                                                     , 1999

                                   RE:  H.B. No. 547
                                        H.D. 3
                                        S.D. 1

Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 1999
State of Hawaii


     Your Committees on Health and Human Services and Judiciary,
to which was referred H.B. No. 547, H.D. 3, entitled: 


beg leave to report as follows:

     The purpose of this measure is to increase the availability
of organs for transplants.  Specifically, this measure:

     (1)  Provides for a voluntary fee of $1 to be collected for
          each motor vehicle registration;

     (2)  Requires the examiner of drivers to adopt rules to
          allow organ, tissue, and eye recovery agencies or organ
          procurement organizations twenty-four hour telephone
          access to driver's license databases solely for the
          purpose of ascertaining whether a driver has indicated
          a willingness to be an organ donor;

     (3)  Requires hospitals to report suitable patients for
          donation prior to death of those individuals to an
          appropriate organ, tissue, or eye recovery agency, and
          requires acute care hospitals to develop protocols for
          identifying potential organ and tissue donors;

     (4)  Requires organ procurement organizations to determine
          the suitability of donations and to conduct annual
          death record reviews at acute care hospitals to
          determine compliance with required referrals;

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     (5)  Establishes an advisory committee on anatomical gifts
          to promote educational programs about organ donation
          and to engage in other public information activities;

     (6)  Establishes a Hawaii organ and tissue education special
          fund; and

     (7)  Repeals section 327-5, Hawaii Revised Statutes,
          relating to routine inquiry and required request by
          hospitals of patients upon admission if they are an
          organ or tissue donor.

     Your Committees received testimony in support of this
measure from the Lieutenant Governor, Department of Health (DOH),
Organ Donor Center of Hawaii, Minority Organ Tissue Transplant
Education Program, National Kidney Foundation of Hawaii, Hawaii
Nurses' Association, Hawaii Medical Association, Healthcare
Association of Hawaii, Aloha TRIO Hawaii, Inc., and four private
citizens.  The Attorney General provided informational testimony.

     This measure is intended to increase the supply of organs
and tissues for transplantation.  Your Committees find that
advances in medical research have made organ and tissue
transplantation almost routine.  However, laws need to be enacted
to establish proper procedures and to ensure protection of
patient rights, including privacy.  This measure provides those
procedures and protections.

     Your Committees note the concerns of the Attorney General as
expressed in testimony and has amended this measure by working in
partnership with the stakeholders, to satisfy those concerns.

     Your Committees have amended this measure by:

     (1)  Clarifying that the $1 donation may be collected if
          designated by the individual or entity;

     (2)  Deleting reference to driver's license application or
          renewal in section 286-A;

     (3)  Requiring that protocols be developed by July 1, 2000;

     (4)  Deleting the advisory committee on anatomical gifts;

     (5)  Deleting the provision that would have required
          distribution of moneys in the Hawaii organ and tissue
          education fund to the Organ Donor Center of Hawaii for
          allocation to various programs;

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     (6)  Appropriating moneys from the Hawaii organ and
          tissue education special fund to the DOH to be used as
          a grant to the Organ Donor Center of Hawaii;

     (7)  Adding definitions for "acute care hospital" and "organ
          procurement organization";

     (8)  Repealing the organ and tissue education fee and
          special fund provisions on June 30, 2002;

     (9)  Requiring the DOH to report to the Legislature for the
          2003 Regular Session regarding the Hawaii organ and
          tissue education special fund; and

    (10)  Providing for an effective date of July 1, 2000, and a
          repeal date of July 30, 2003.

     As affirmed by the records of votes of the members of your
Committees on Health and Human Services and Judiciary that are
attached to this report, your Committees are in accord with the
intent and purpose of H.B. No. 547, H.D. 3, as amended herein,
and recommend that it pass Second Reading in the form attached
hereto as H.B. No. 547, H.D. 3, S.D. 1, and be referred to the
Committee on Ways and Means.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committees on Health and Human
                                   Services and Judiciary,

____________________________       ______________________________


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