Report Title:

Coalition for Organ Donation

 

Description:

Amends Act 88, SLH 1999, and Act 264, SLH 2001, by changing references to the Organ Donor Center of Hawaii to the Coalition for Organ Donation.

 

HOUSE OF REPRESENTATIVES

H.B. NO.

1783

TWENTY-FIRST LEGISLATURE, 2002

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to anatomical gifts.

 

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

SECTION 1. Act 88, Session Laws of Hawaii 1999, is amended as follows:

1. By amending section 1 to read:

"SECTION 1. The legislature finds that there exists in the State a shortage of organ and tissue donors to provide the organs and tissues that could save lives or enhance the quality of life for many persons. There are many more patients on the waiting list for a kidney, liver, heart, lung, or other solid organs than there are donated organs. As a result, many patients die before they can be given a second chance at life.

The legislature further finds that particular difficulties exist in making members of various minority groups aware of the need for anatomical gifts. For various reasons minorities appear to be at increased risk to suffer illnesses, such as diabetes, which destroy healthy organs and require replacement. The chances of finding a good organ match is increased if the donor is of the same ethnic group as the transplant recipient. Minority ethnic groups must be educated in the great need among their own people for anatomical gifts. The legislature finds that more education and discussion among families are necessary to encourage organ donation.

The legislature finds and declares that public support of education on organ, tissue, and eye donation is in the public's interest and for the public health, safety, and general welfare.

[The legislature finds that the Hawaii Organ Procurement Organization d.b.a. Organ Donor Center of Hawaii is a nonprofit and tax exempt organization under Section 501(c)(3) of the Internal Revenue Code. It was incorporated on July 16, 1987, to "perform or coordinate the performance of retrieving, preserving and locating prospective recipients for available organs." This work includes evaluating potential donors, presenting the option of donation to families, providing medical management to donors, and placing organs according to nationally established criteria. The Health Care Financing Administration (HCFA) has designated it as the "organ procurement organization" under Section 1138 of the Social Security Act for the State of Hawaii. Further, the legislature finds that the Organ Donor Center of Hawaii meets the requirements of a grant recipient under section 42F-103, Hawaii Revised Statutes, and that a grant to the Organ Donor Center of Hawaii to conduct public education programs and activities on organ, tissue, and eye donation is in the public interest and for the public health, safety, and general welfare.]

The purpose of this Act is to increase the number of individuals being asked to donate organs, to expand educational efforts across all ethnic, religious, and age groups, to increase the supply of organs for waiting transplant recipients, and to create a special fund which will be used to promote public education programs on organ, tissue, and eye donation."

2. By amending section 5 to read:

"SECTION 5. The department of health, with the assistance of the [Organ Donor Center of Hawaii,] Coalition for Organ Donation, shall report to the legislature no later than twenty days prior to the convening of the regular session of 2003, on the deposits and disbursements of the Hawaii organ and tissue education special fund and on the effectiveness of that fund in achieving its purposes."

SECTION 2. Act 264, Session Laws of Hawaii 2001, is amended by amending section 2 to read as follows:

"SECTION 2. There is appropriated out of the Hawaii organ and tissue education special fund, established by section 3 of Act 88, Session Laws of Hawaii 1999, the sum of $250,000 or so much thereof as may be necessary for fiscal year 2001-2002 for a grant to the Organ Donor Center of Hawaii and the sum of $250,000 or so much thereof as may be necessary for fiscal year 2002-2003 for a grant to the [Organ Donor Center of Hawaii] Coalition for Organ Donation. Any unexpended or unencumbered balance of this appropriation as of the close of business on June 30, 2002, and on June 30, 2003, respectively, shall lapse into the Hawaii organ and tissue education special fund.

The sums appropriated shall be expended by the department of health for the purposes of this Act."

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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