Legislature(1993 - 1994)
02/07/1994 03:00 PM House HES
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 323 - RELEASE OF CERTAIN DEATH CERTIFICATE INFORMATION Number 074 REP. CYNTHIA TOOHEY, Prime Sponsor of HB 323, indicated that she was offering a committee substitute (CS) for HB 323. Rep. Toohey made a motion to adopt the CS as a working draft. CHAIR BUNDE, hearing no objection, stated that CSHB 323 was adopted. Number 116 REP. TOOHEY stated that current statute restricts the release of information from death certificates in the Bureau of Vital Statistics. She said that in the case of organ and tissue donation, the current statute may cause the loss of potential donors due to time delays, and she stressed that time is of the essence in harvesting the tissue. Rep. Toohey stated that HB 323 would enable a bank, storage facility, or person who handles procurement of anatomical gifts to obtain the necessary information from the Department of Health and Social Services (DHSS) within a conducive time frame for donation. REP. TOOHEY stated that the information would be on the death certificate, or collected by the department for completing the certificate, or in information from other vital human records. REP. TOOHEY continued by saying that the information would consist of the name of the person who could execute the anatomical gift and the medical suitability of the potential donation. The information would allow the person potentially procuring the donation to know if the tissue was healthy and who to contact in a timely manner to allow successful harvesting. REP. TOOHEY stated that DHSS and the court system support HB 323 and that it has a zero fiscal note. (Note: Rep. Toohey read from a prepared statement. See Attachment 1.) Number 233 REP. VEZEY asked Rep. Toohey what the relationship between CSHB 323 and the expedition of the donation of tissue was. REP. TOOHEY said the paperwork behind her proposal would allow the information to be obtained within 12 to 24 hours, citing that tissue is no longer viable after that period. She said the legislation would allow the people at Life Alaska to obtain the information before the body has decomposed past the point of viability. Number 289 (Chair Bunde announced Rep. Nicholia's arrival at 3:11 p.m.) CHAIR BUNDE asked Mr. Saakvitne to testify. Number 300 JENS SAAKVITNE, Director, Life Alaska, testified in support of HB 323. He stated that both the DHSS and the court system felt the proposal would allow for rapid release of crucial information. He said it would allow coroners or police officers to release information immediately after a death, noting that most information on a death certificate is obtained by them within six hours after they are notified of a death. Number 344 CHAIR BUNDE stated that, as he understood it, organ donations must take place before the body is anatomically dead. He said that tissue donation, as another level of donation, can occur up to 24 hours after a clinical death. MR. SAAKVITNE agreed to both points. He stated that bone and tissue transplants are the most common forms of transplants, indicating that in 1992 there were approximately 20,000 organ transplants, 40,000 corneal transplants, and over 450,000 bone and tissue transplants. Number 374 For clarification, REP. VEZEY said that the cornea is tissue and not an organ and that bone structure is tissue also. Number 386 MR. SAAKVITNE stated that the organ donation program and the tissue donation program work closely together. Number 398 REP. KOTT asked how long it would take to determine medical suitability for donation. Number 406 MR. SAAKVITNE replied by saying that the initial information needed would be the age of the recipient and cause of death (e.g., infectious disease) and from there it would be ascertained which tissues and organs would be viable contingent on the health of the decedent. Number 438 REP. VEZEY asked if every decedent is examined for AIDS and other diseases. Number 443 MR. SAAKVITNE responded yes. He said that very extensive testing is performed before any tissue is harvested. Number 462 REP. KOTT expressed concern about imposing on the family of the decedent so soon after death. He referred to an Anchorage Daily News article (see Attachment 2) and asked why the hospitals were not obtaining the information before the person dies. Number 492 MR. SAAKVITNE said that greater cooperation from hospitals was an issue being worked on. He stated that with emergency room deaths, the family is so distraught it is difficult for the hospital to obtain the information, and also there are cases where the person dies on the scene and does not enter the hospital system. Hence, the family is never given the option for donation. Number 525 REP. VEZEY asked what percent of licensed drivers opt to be organ donors. Number 536 MR. SAAKVITNE stated that there is no official record kept by the Department of Motor Vehicles (DMV). Although he had been told by DMV employees that 30-50 percent of licensees sign to be donators. He followed by saying that not all decedents have their driver's license at the time of their death. Number 553 REP. VEZEY said that the donor card issued by the DMV could be separated from the driver and suggested a simpler method to indicate a person as a donor. Number 566 CHAIR BUNDE noted that the committee was digressing, but suggested a sticker be affixed to the driver's licence. CHAIR BUNDE closed public testimony and asked the committee of their intentions for the bill. Number 591 REP. BRICE made a motion to pass CSHB 323 out of committee. Number 599 CHAIR BUNDE, hearing no objections, stated that CSHB 323 passed out of committee with individual recommendations to the committee of referral. CHAIR BUNDE announced the next bill for discussion.
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