HB 214: "An Act relating to anatomical gifts and the anatomical gift donor registry program."
00 HOUSE BILL NO. 214 01 "An Act relating to anatomical gifts and the anatomical gift donor registry program." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 13.50.190(5) is repealed and reenacted to read: 04 (5) "procurement organization" has the meaning given in 05 AS 13.52.200(i); 06 * Sec. 2. AS 13.50.190 is amended by adding new paragraphs to read: 07 (10) "donor" has the meaning given in AS 13.52.390; 08 (11) "gift" means an anatomical gift; in this paragraph, "anatomical 09 gift" has the meaning given in AS 13.52.390; 10 (12) "part" has the meaning given in AS 13.52.390. 11 * Sec. 3. AS 13.52.060(b) is amended to read: 12 (b) A [EXCEPT AS PROVIDED IN AS 13.52.200, A] supervising health care 13 provider who knows of the existence of an advance health care directive, a revocation 14 of an advance health care directive, or a designation or disqualification of a surrogate 15 shall promptly record its existence in the patient's health care record, shall request a
01 copy if it is in writing, and shall arrange for its maintenance in the health care record if 02 a copy is furnished. 03 * Sec. 4. AS 13.52.200(a) is amended to read: 04 (a) If, at or near the time of death of a patient, there is no medical record that 05 the patient has made or refused to make an anatomical gift, the hospital administrator 06 or a designee of the hospital shall contact a [AN ORGAN] procurement organization 07 so that the [ORGAN] procurement organization may discuss the potential to make a 08 gift with the family, agent, or surrogate of the patient. The [ORGAN] procurement 09 organization shall discuss the potential gift with reasonable discretion and sensitivity 10 to the circumstances of the family. 11 * Sec. 5. AS 13.52.200(d) is amended to read: 12 (d) The following persons shall make a reasonable search for a document of 13 gift or other information identifying the bearer as a donor or as an individual who has 14 refused to make an anatomical gift: 15 (1) a law enforcement officer, fire fighter, paramedic, or other 16 emergency rescuer finding an individual who the searcher believes is dead or near 17 death; and 18 (2) a hospital or a [AN ORGAN] procurement organization, upon the 19 admission of an individual at or near the time of death, if there is not immediately 20 available any other source of that information. 21 * Sec. 6. AS 13.52.200(e) is amended to read: 22 (e) If a document of gift or evidence of refusal to make an anatomical gift is 23 located by the search required by (d)(1) of this section, and the individual or body to 24 whom it relates is 25 (1) taken to a hospital, the hospital and a procurement organization 26 shall [MUST] be notified of the contents, and the document or other evidence shall 27 [MUST] be sent to the hospital; 28 (2) not taken to a hospital, the persons identified in (d)(1) of this 29 section shall notify a procurement organization and send the document or other 30 evidence to the procurement organization. 31 * Sec. 7. AS 13.52.200(f) is amended to read:
01 (f) If, at or near the time of death of a patient, a hospital knows that an 02 anatomical gift has been made under AS 13.52.170 or 13.52.180(a), or that a patient or 03 an individual identified as in transit to the hospital is a donor, the hospital shall notify 04 a [AN ORGAN] procurement organization. The hospital shall cooperate in the 05 implementation of the anatomical gift or release and removal of a part. 06 * Sec. 8. AS 13.52.200(h) is amended to read: 07 (h) The commissioner of health and social services shall adopt regulations to 08 implement (a) [(a) - (c)] of this section. 09 * Sec. 9. AS 13.52.200 is amended by adding a new subsection to read: 10 (i) In this section, "procurement organization" means an organization that 11 operates in this state and is licensed, accredited, or otherwise authorized under the 12 laws of this state or another state to handle the procurement, distribution, or storage of 13 all or a part of an individual's body. 14 * Sec. 10. AS 13.52.390(41) is amended to read: 15 (41) "technician" means an individual who has the education, 16 training, and experience necessary to competently [IS LICENSED OR 17 CERTIFIED BY THE STATE MEDICAL BOARD TO] remove or process a part; 18 * Sec. 11. AS 13.52.200(b), 13.52.200(c), and 13.52.390(29) are repealed.