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H0512.................................................by HEALTH AND WELFARE
ANATOMICAL GIFTS - Adds to existing law relating to the Idaho Anatomical
Gift Act to provide for the storage and transport of human bodies or human
body parts; to provide for duties of the Department of Health and Welfare;
to authorize rules; to provide for civil enforcement; and to provide for
penalties.
02/11 House intro - 1st rdg - to printing
02/12 Rpt prt - to Health/Wel
03/05 Rpt out - rec d/p - to 2nd rdg
03/06 2nd rdg - to 3rd rdg
03/10 3rd rdg - PASSED - 68-0-2
AYES -- Anderson, Andrus, Barrett, Bayer, Bell, Bilbao, Black, Block,
Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon, Chavez,
Chew, Clark, Collins, Crane, Durst, Eskridge, Hagedorn, Hart,
Harwood, Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador,
Lake, LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin,
Mortimer, Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence,
Raybould, Ringo, Roberts, Ruchti, Rusche, Sayler, Shepherd(02),
Shepherd(08), Shirley, Shively, Smith(30), Smith(24), Snodgrass,
Stevenson, Thayn, Thomas, Trail, Vander Woude, Wills, Wood(27),
Wood(35), Mr. Speaker
NAYS -- None
Absent and excused -- Bedke, Schaefer
Floor Sponsor - Henbest
Title apvd - to Senate
03/11 Senate intro - 1st rdg - to Health/Wel
03/13 Rpt out - rec d/p - to 2nd rdg
03/14 2nd rdg - to 3rd rdg
03/17 3rd rdg - PASSED - 34-0-1
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Geddes, Goedde,
Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little,
Lodge, Malepeai(Sagness), McGee, McKague, McKenzie, Pearce,
Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- Gannon
Floor Sponsor - Kelly
Title apvd - to House
03/18 To enrol - Rpt enrol - Sp signed
03/19 Pres signed
03/20 To Governor
03/25 Governor signed
Session Law Chapter 256
Effective: 07/01/08
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 512 BY HEALTH AND WELFARE COMMITTEE 1 AN ACT 2 RELATING TO HEALTH AND SAFETY AND THE IDAHO ANATOMICAL GIFT ACT; AMENDING 3 CHAPTER 34, TITLE 39, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 4 39-3401A, IDAHO CODE, TO PROVIDE FOR THE STORAGE AND TRANSPORT OF HUMAN 5 BODIES OR HUMAN BODY PARTS, TO PROVIDE FOR DUTIES OF THE DEPARTMENT OF 6 HEALTH AND WELFARE, TO AUTHORIZE RULES, TO PROVIDE FOR CIVIL ENFORCEMENT 7 AND TO PROVIDE FOR PENALTIES. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Chapter 34, Title 39, Idaho Code, be, and the same is 10 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 11 ignated as Section 39-3401A, Idaho Code, and to read as follows: 12 39-3401A. STORAGE AND TRANSPORT OF HUMAN BODIES OR BODY PARTS -- DUTIES 13 OF STATE DEPARTMENT OF HEALTH AND WELFARE -- ENFORCEMENT AND PENALTIES. (1) In 14 addition to any other duties and responsibilities, the director of the depart- 15 ment of health and welfare shall register facilities for the storage and/or 16 transport of human bodies or human body parts which are intended for research 17 or for educational purposes. The director shall require such facilities to 18 certify that the human body, part or parts to be supplied did not come from a 19 person who has tested positive for acquired immunodeficiency syndrome (AIDS), 20 AIDS related complexes (ARC), or other manifestations of human 21 immunodeficiency virus (HIV) infection, and that the test was negative for the 22 presence of HIV antibodies or antigens, hepatitis or other communicable dis- 23 eases as that term is defined in departmental administrative rule. 24 (2) All facilities referred to in this section shall provide to the 25 department, on a form provided by the department, the following: a place of 26 business, legal mailing address, and a description of the nature of the facil- 27 ity, including the mechanism or manner of acquisition, storage and transport 28 of human bodies or human body parts. 29 (3) The board of health and welfare shall promulgate rules implementing 30 the provisions of this section. 31 (4) The director may initiate a civil enforcement action through the 32 attorney general as provided in this subsection. Civil enforcement actions 33 shall be commenced and prosecuted in the district court in and for the county 34 in which the alleged violation occurred, and may be brought against any person 35 who is alleged to have violated any provision of this section or any rule or 36 order that has become effective pursuant to this section. Such action may be 37 brought to compel compliance with any provision of this section or with any 38 rule or order promulgated hereunder. The director shall not be required to 39 initiate or prosecute an administrative action before initiating a civil 40 enforcement action. 41 (5) Any person determined in a civil enforcement action to have violated 42 any provision of this section or any rule or order promulgated pursuant to 43 this section shall be liable for a civil penalty not to exceed one thousand 2 1 dollars ($1,000) per violation. The method of recovery of said penalty shall 2 be by a civil enforcement action in the district court in and for the county 3 where the violation occurred. All civil penalties collected under this section 4 shall be paid into the general fund of the state.
STATEMENT OF PURPOSE
RS 17878
This legislation directs the director of the Department of Health
and Welfare to register facilities for the storage and/or
transport of human bodies and body parts intended for research or
educational purposes.
FISCAL NOTE
There is no impact to the General Fund. The Department of Health
and Welfare will absorb the responsibilities into their current
budget.
Contact
Name: Rep. Margaret Henbest
Phone: 332-1235
STATEMENT OF PURPOSE/FISCAL NOTE H 512