Report Title:
Anatomical Gifts; Criminal Penalties
Description:
Provides criminal penalties for employees of procurement organizations for failure to perform statutory duties related to anatomical gifts; provides criminal fines and imprisonment.
THE SENATE |
S.B. NO. |
1634 |
TWENTY-SECOND LEGISLATURE, 2003 |
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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. Section 327-2, Hawaii Revised Statutes, is amended by amending subsection (h) to read as follows:
"(h) An anatomical gift that is not revoked by the donor before death is irrevocable and does not require the consent or concurrence of any person after the donor's death.
Any person, hospital, or organization that relies on the document of gift and acts in good faith in accordance with this chapter shall not be subject to [criminal or] civil liability from any action taken under this chapter. The immunity provided by this subsection shall not extend to the person, hospital, or organization if damages result from the gross negligence, recklessness, or intentional misconduct to the donor.
Any person who fails to perform the person's duty as an employee of a procurement organization under this subsection, shall be guilty of a class C felony."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
INTRODUCED BY: |
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