HB1409 (2006) Detail

Relative to organ and tissue donation.


HB 1409-FN – AS AMENDED BY THE HOUSE

15Feb2006… 0695h

2006 SESSION

06-2299

01/03

HOUSE BILL 1409-FN

AN ACT relative to organ and tissue donation.

SPONSORS: Rep. MacKay, Merr 11; Rep. Rush, Merr 7; Rep. Batula, Hills 19; Rep. Pilliod, Belk 5; Rep. C. Chase, Hills 2; Sen. Fuller Clark, Dist 24; Sen. Kenney, Dist 3; Sen. Martel, Dist 18

COMMITTEE: Health, Human Services and Elderly Affairs

ANALYSIS

This bill establishes a donor registry for anatomical gifts allowing people to indicate their wishes to the division of motor vehicles. The bill allows organ procurement organizations access to such information.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

15Feb2006… 0695h

06-2299

01/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Six

AN ACT relative to organ and tissue donation.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Rulemaking; Anatomical Gifts. Amend RSA 21-P:14, IV(f) to read as follows:

(f) [Anatomical gift notice] Access to information regarding anatomical gifts, as authorized by RSA 263:41.

2 Motor Vehicles; Anatomical Gifts. Amend RSA 260:10-a to read as follows:

260:10-a Availability of Anatomical Gift Notice.

I. Every application form, renewal form, or other appropriate form or communication issued by the department shall [contain] provide an option to make an anatomical gift by inclusion in the donor registry, established under RSA 263:41, and shall be accompanied by a statement that the licensee or prospective licensee may make an anatomical gift by registering with the division of motor vehicles in accordance with RSA 263:41.

II. Every office dealing with motor vehicle licensure regulated by the division of motor vehicles shall place a notice in a conspicuous place stating that a licensee or prospective licensee may become an anatomical gift donor by registering with the division of motor vehicles in accordance with RSA 263:41.

3 Identification Cards; Anatomical Gifts. Amend RSA 260:21, VIII to read as follows:

VIII. In addition to the information specified in this section, [upon the request of the applicant any notice stating that the applicant has made an anatomical gift shall also be contained on the identification card which shall be subject to the same provisions of RSA 263:41, III and IV, providing that the applicant has complied with the requirements of RSA 291-A:3] a suitable decal or symbol shall be affixed to the identification card in accordance with RSA 263:41, II if the applicant has registered with the division of motor vehicles as an organ and tissue donor.

4 Motor Vehicles; Anatomical Gifts. RSA 263:41 is repealed and reenacted to read as follows:

263:41 Donor Registry for Anatomical Gifts.

I. The director shall provide to federally-designated organ procurement organizations serving the state access to names, dates of birth, and date of registration of licensed drivers and individuals who obtain a nondriver’s picture identification card who have registered with the division of motor vehicles as organ and tissue donors for the purpose of identifying those individuals as organ and tissue donors. Such access shall be provided only with the prior written consent of the donor and shall be provided in a manner and form to be determined by the director following consultation with such organizations, and shall include electronic transmission of initial information and periodic updating of information.

II. The director shall cause a suitable decal or symbol to be affixed to the license or nondriver’s picture identification card of a person who has registered with the division of motor vehicles as an organ and tissue donor under the provisions of this section.

5 Anatomical Gifts; Definitions. Amend RSA 291-A:2, III to read as follows:

III. “Document of gift” means a card, [a statement attached to or imprinted on a motor vehicle driver’s license] inclusion in the donor registry for anatomical gifts under RSA 263:41, a will, or other writing used to make an anatomical gift.

6 New Paragraph; Anatomical Gifts; Definition Added. Amend RSA 291-A:2 by inserting after paragraph V the following new paragraph:

V-a. “Donor registry” means an electronic database developed and maintained by any federally-designated organ procurement organization to identify donors.

7 Anatomical Gifts. Amend RSA 291-A:3, III-VIII to read as follows:

III. If a document of gift is [attached to or imprinted on a donor’s motor vehicle driver’s license, the document of gift shall comply with paragraph II or RSA 263:41, I.] made by registering as an organ and tissue donor through the division of motor vehicles pursuant to RSA 263:41, revocation, suspension, expiration, or cancellation of the license does not invalidate the anatomical gift.

IV. A document of gift may designate a particular physician or surgeon to carry out the appropriate procedures. In the absence of a designation or if the designee is not available, the donee or other person authorized to accept the anatomical gift shall employ or authorize any physician, surgeon, or their designee, or eye procurement technician to carry out the appropriate procedures.

V. An anatomical gift by will takes effect upon the death of the testator, whether or not the will is probated. If, after the death of the testator, the will is declared invalid for testamentary purposes, the validity of the anatomical gift is unaffected.

VI. A donor may amend or revoke an anatomical gift, not made by will, only by:

(a) A signed statement.

(b) [An oral statement made in the presence of 2 witnesses.

(c)] Any form of communication during a terminal illness or injury addressed to a physician or surgeon.

[(d)] (c) The delivery of a signed statement to a specified donee to whom a document of gift had been delivered.

VII. The donor of an anatomical gift made by will may amend or revoke the gift in the manner provided for amendment or revocation of wills under RSA 551, or as provided in paragraph VI.

VIII. 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. In the absence of a revocation or amendment of any document of gift, health care providers licensed in this state and procurement organizations shall act in accordance with the donor’s intention and may take appropriate actions to effect the anatomical gift.

8 Anatomical Gifts. Amend the section heading of RSA 291-A:6 to read as follows:

291-A:6 [Routine Inquiry and] Required Request; Search and Notification.

9 Repeal. RSA 291-A:6, I, relative to request of anatomical gifts in hospitals, is repealed.

10 Effective Date. This act shall take effect 60 days after its passage.

LBAO

06-2299

11/22/05

HB 1409-FN - FISCAL NOTE

AN ACT relative to organ and tissue donation.

FISCAL IMPACT:

      The Department of Safety determined this bill will increase state highway fund expenditures by an indeterminable amount in 2006 and each year thereafter. There will be no fiscal impact on county and local expenditures or state, county and local revenue.

METHODOLOGY:

    The Department stated this bill intends to establish a donor registry for anatomical gifts allowing people to indicate their wishes to the Division of Motor Vehicles. This bill will allow organ procurement organizations access to such information. The Department indicated this bill will require the development, implementation and maintenance of a separate database to manage the personal information of organ donors. The Department stated that design work to change the current license, development of new forms and additional personnel and other administrative costs will result in increased costs to the Department, however the amount cannot be estimated.