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H0693aaS...................................................by STATE AFFAIRS
ANATOMICAL GIFTS - Amends existing law to revise the requirement for the
making of an anatomical gift and for informed consent to include a
statement that tissues or parts may be retrieved and/or used by for-profit
procurement entities.
02/13 House intro - 1st rdg - to printing
02/16 Rpt prt - to St Aff
02/18 Rpt out - rec d/p - to 2nd rdg
02/19 2nd rdg - to 3rd rdg
02/23 3rd rdg - PASSED - 70-0-0
AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Bedke, Bell,
Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,
Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth,
Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood, Henbest,
Jaquet, Jones, Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez,
McGeachin, McKague, Meyer, Miller, Mitchell, Moyle, Naccarato,
Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,
Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen,
Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills,
Wood, Mr. Speaker
NAYS -- None
Absent and excused -- None
Floor Sponsor - Henbest
Title apvd - to Senate
02/24 Senate intro - 1st rdg - to Health/Wel
03/08 Rpt out - to 14th Ord
03/11 Rpt out amen - to 1st rdg as amen
03/12 1st rdg - to 2nd rdg as amen
03/15 2nd rdg - to 3rd rdg as amen
03/16 3rd rdg as amen - PASSED - 34-0-1
AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
Calabretta, Compton, Darrington, Davis, Gannon, Geddes, Goedde, Hill,
Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie,
McWilliams, Noble, Noh, Pearce, Richardson, Schroeder, Sorensen,
Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- Cameron
Floor Sponsor - Burkett
Title apvd - to House
03/17 House concurred in Senate amens - to engros
03/18 Rpt engros - 1st rdg - to 2nd rdg as amen
03/19 2nd rdg - to 3rd rdg as amen
03/20 3rd rdg as amen - PASSED - 61-0-9
AYES -- Andersen, Barraclough, Barrett, Bayer, Bedke, Black, Block,
Boe, Bolz, Bradford, Campbell, Cannon, Collins, Cuddy, Deal, Denney,
Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),
Gagner, Garrett, Henbest, Jaquet, Jones, Kellogg, Kulczyk, Lake,
Langford, Langhorst, Martinez, McGeachin, McKague, Meyer, Miller,
Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould, Ring,
Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd,
Shirley, Skippen, Smith(30), Smylie, Snodgrass, Stevenson, Wills,
Wood
NAYS -- None
Absent and excused -- Bauer, Bell, Clark, Crow, Harwood, Ridinger,
Smith(24), Trail, Mr. Speaker
Floor Sponsor - Henbest
Title apvd - To enrol - Rpt enrol - Sp signed
03/20 Pres signed
03/22 To Governor
04/02 Governor signed
Session Law Chapter 383
Effective: 07/01/04
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 693
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO ANATOMICAL GIFTS; AMENDING SECTION 39-3413, IDAHO CODE, TO REVISE
3 THE DOCUMENT REQUIREMENTS FOR THE MAKING OF AN ANATOMICAL GIFT TO INCLUDE
4 A STATEMENT THAT THE ORGANS, TISSUES OR PARTS MAY OR MAY NOT BE RETRIEVED
5 AND/OR USED BY FOR-PROFIT PROCUREMENT ENTITIES; AND AMENDING SECTION
6 39-3413A, IDAHO CODE, TO INCLUDE IN THE REQUIREMENTS FOR INFORMED CONSENT
7 A STATEMENT THAT ORGANS, TISSUES OR PARTS MAY BE RETRIEVED AND/OR USED BY
8 FOR-PROFIT PROCUREMENT ENTITIES.
9 Be It Enacted by the Legislature of the State of Idaho:
10 SECTION 1. That Section 39-3413, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 39-3413. ANATOMICAL GIFTS BY LIVING DONORS. (1) A document containing the
13 following information is sufficient to comply with the provisions of this
14 chapter for the making of an anatomical gift by a living donor or the refusal
15 to make such a gift:
16 (a) A statement, signed and dated by the donor, that upon the donor's
17 death he or she gives:
18 (i) Any needed organs, tissues or parts or only specified organs,
19 tissues or parts; and
20 (ii) The purpose or purposes for which such organs, tissues or parts
21 may be used, including transplantation, therapy, research or educa-
22 tion; and
23 (iii) That the organs, tissues or parts may or may not be retrieved
24 and/or used by for-profit procurement entities; or
25 (b) A statement, signed and dated by the donor, that the donor refuses to
26 make any anatomical gift.
27 (2) Any document evidencing a living donor's intent to make an anatomical
28 gift, or the refusal to make such a gift, shall also contain the printed name
29 of the donor and the donor's date of birth and current address.
30 SECTION 2. That Section 39-3413A, Idaho Code, be, and the same is hereby
31 amended to read as follows:
32 39-3413A. REQUIREMENTS FOR INFORMED CONSENT. In the absence of a document
33 of gift or other evidence of an individual's intention to make or refuse to
34 make an anatomical gift, the following information shall be provided to any
35 person or persons, listed in section 39-3404(1), Idaho Code, approached for
36 purposes of obtaining informed consent:
37 (1) A confirmation of the donor's identity and his or her clinical termi-
38 nal condition;
39 (2) A general description of the purposes of anatomical gift donation;
40 (3) Identification of specific organs and/or tissues, including cells,
41 that are being requested for donation, provided that subsequent information on
2
1 the specific gifts recovered shall be supplied;
2 (4) An explanation that the retrieved organs and/or tissues may be used
3 for transplantation, therapy, medical research or educational purposes;
4 (5) A general description of the recovery process including, but not lim-
5 ited to, timing, relocation of the donor if applicable, and contact informa-
6 tion;
7 (6) An explanation that laboratory tests and a medical and/or social his-
8 tory will be completed to determine the medical suitability of the donor and
9 that blood samples from the donor will be tested for certain transmissible
10 diseases, including testing for HIV antibodies or antigens;
11 (7) An explanation that the spleen, lymph nodes and blood may be removed,
12 and cultures may be performed, for the purpose of determining donor suitabil-
13 ity and donor and recipient capability;
14 (8) A statement granting access to the donor's medical records and pro-
15 viding that the medical records may be released to other appropriate parties;
16 (9) An explanation that costs directly related to the evaluation, recov-
17 ery, preservation and placement of the organs and/or tissues will not be
18 charged to the family members of the donor; and
19 (10) An explanation of the impact the donation process may have on burial
20 arrangements and on the appearance of the donor's body; and
21 (11) A statement that organs, tissues or parts may be retrieved and/or
22 used by for-profit procurement entities.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
Moved by Burkett
Seconded by Brandt
IN THE SENATE
SENATE AMENDMENT TO H.B. NO. 693
1 AMENDMENT TO SECTION 1
2 On page 1 of the printed bill, in line 23, delete "the organs,".
3 AMENDMENT TO SECTION 2
4 On page 2, in line 21, delete "organs,".
5 CORRECTION TO TITLE
6 On page 1, in line 4, delete "THE ORGANS,"; and in line 7, delete
7 "ORGANS,".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 693, As Amended in the Senate
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO ANATOMICAL GIFTS; AMENDING SECTION 39-3413, IDAHO CODE, TO REVISE
3 THE DOCUMENT REQUIREMENTS FOR THE MAKING OF AN ANATOMICAL GIFT TO INCLUDE
4 A STATEMENT THAT TISSUES OR PARTS MAY OR MAY NOT BE RETRIEVED AND/OR USED
5 BY FOR-PROFIT PROCUREMENT ENTITIES; AND AMENDING SECTION 39-3413A, IDAHO
6 CODE, TO INCLUDE IN THE REQUIREMENTS FOR INFORMED CONSENT A STATEMENT THAT
7 TISSUES OR PARTS MAY BE RETRIEVED AND/OR USED BY FOR-PROFIT PROCUREMENT
8 ENTITIES.
9 Be It Enacted by the Legislature of the State of Idaho:
10 SECTION 1. That Section 39-3413, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 39-3413. ANATOMICAL GIFTS BY LIVING DONORS. (1) A document containing the
13 following information is sufficient to comply with the provisions of this
14 chapter for the making of an anatomical gift by a living donor or the refusal
15 to make such a gift:
16 (a) A statement, signed and dated by the donor, that upon the donor's
17 death he or she gives:
18 (i) Any needed organs, tissues or parts or only specified organs,
19 tissues or parts; and
20 (ii) The purpose or purposes for which such organs, tissues or parts
21 may be used, including transplantation, therapy, research or educa-
22 tion; and
23 (iii) That tissues or parts may or may not be retrieved and/or used
24 by for-profit procurement entities; or
25 (b) A statement, signed and dated by the donor, that the donor refuses to
26 make any anatomical gift.
27 (2) Any document evidencing a living donor's intent to make an anatomical
28 gift, or the refusal to make such a gift, shall also contain the printed name
29 of the donor and the donor's date of birth and current address.
30 SECTION 2. That Section 39-3413A, Idaho Code, be, and the same is hereby
31 amended to read as follows:
32 39-3413A. REQUIREMENTS FOR INFORMED CONSENT. In the absence of a document
33 of gift or other evidence of an individual's intention to make or refuse to
34 make an anatomical gift, the following information shall be provided to any
35 person or persons, listed in section 39-3404(1), Idaho Code, approached for
36 purposes of obtaining informed consent:
37 (1) A confirmation of the donor's identity and his or her clinical termi-
38 nal condition;
39 (2) A general description of the purposes of anatomical gift donation;
40 (3) Identification of specific organs and/or tissues, including cells,
41 that are being requested for donation, provided that subsequent information on
2
1 the specific gifts recovered shall be supplied;
2 (4) An explanation that the retrieved organs and/or tissues may be used
3 for transplantation, therapy, medical research or educational purposes;
4 (5) A general description of the recovery process including, but not lim-
5 ited to, timing, relocation of the donor if applicable, and contact informa-
6 tion;
7 (6) An explanation that laboratory tests and a medical and/or social his-
8 tory will be completed to determine the medical suitability of the donor and
9 that blood samples from the donor will be tested for certain transmissible
10 diseases, including testing for HIV antibodies or antigens;
11 (7) An explanation that the spleen, lymph nodes and blood may be removed,
12 and cultures may be performed, for the purpose of determining donor suitabil-
13 ity and donor and recipient capability;
14 (8) A statement granting access to the donor's medical records and pro-
15 viding that the medical records may be released to other appropriate parties;
16 (9) An explanation that costs directly related to the evaluation, recov-
17 ery, preservation and placement of the organs and/or tissues will not be
18 charged to the family members of the donor; and
19 (10) An explanation of the impact the donation process may have on burial
20 arrangements and on the appearance of the donor's body; and
21 (11) A statement that tissues or parts may be retrieved and/or used by
22 for-profit procurement entities.
STATEMENT OF PURPOSE
RS 14028
This legislation requires that the Idaho document of gift
for making an anatomical gift by a living donor include a
statement that the gift may or may not be retrieved by a for
profit entity. Information about for profit use must also be
provided to persons who may make this gift on behalf of a family
member who has not provided a document of gift.
FISCAL IMPACT
There is no fiscal impact on the general fund.
Contact
Name: Representative Henbest
Phone: 332-1000
Name: Speaker of the House Bruce Newcomb
STATEMENT OF PURPOSE/FISCAL NOTE H 693