Legislature(1997 - 1998)
02/14/1997 01:30 PM Senate JUD
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SENATE JUDICIARY COMMITTEE
February 14, 1997
1:30 P.M.
MEMBERS PRESENT
Senator Robin Taylor, Chairman
Senator Drue Pearce, Vice-Chairman
Senator Mike Miller
Senator Sean Parnell
MEMBERS ABSENT
Senator Johnny Ellis
COMMITTEE CALENDAR
SPONSOR SUBSTITUTE FOR SENATE BILL NO. 38
"An Act relating to anatomical gifts, living wills, and do not
resuscitate orders."
MOVED CSSSSB 38(JUD) FROM COMMITTEE
PREVIOUS SENATE COMMITTEE ACTION
SB 38 - See Senate Health, Education & Social Services Committee
minutes dated 1/31/97 and 2/3/97.
WITNESS REGISTER
Mr. Joe Ambrose, Staff
Senator Robin Taylor
Alaska State Capitol
Juneau, AK 99811-1182
POSITION STATEMENT: Staff to sponsor of SB 38.
Ms. Fran McNeill
P.O. Box 230785
Anchorage, AK 99523
POSITION STATEMENT: Supported SB 38.
Mr. Frances Nolan, Battalion Chief
Emergency Medical Services Training
Anchorage Fire Department
1140 Airport Hts. Rd.
Anchorage, AK 99508
POSITION STATEMENT: Supported SB 38.
Mr. Mark Johnson, Chief
Community Health and Emergency Medical Services
Department of Health and Social Services
P.O. Box 110616
Juneau, AK 99811-0416
POSITION STATEMENT: Supported SB 38.
ACTION NARRATIVE
TAPE 97-8, SIDE A
Number 001
SB 38 ANATOMICAL GIFTS,LIVING WILLS & DNR ORDER
CHAIRMAN ROBIN TAYLOR called the Judiciary Committee meeting to
order at 1:30 p.m. and announced SB 38 to be up for consideration.
Present were Senators Taylor, Pearce and Parnell.
MR. JOE AMBROSE, staff to Senator Taylor, said this legislation
modifies existing statutes dealing with living wills and would add
a provision by which those who execute a living will can choose to
become organ or tissue donors. By adding this provision to
statutory language of a living will, the loved ones and health
professionals will be more fully informed as to the wishes of
family members and their patients.
MR. AMBROSE said there is a much greater demand than supply for
tissue and organ donations. In addition to adding anatomical gifts
to the language of a living will, SB 38 would also instruct the
Division of Motor Vehicles to indicate on drivers' licenses not
only the fact that the bearer has elected to become an organ donor,
but also that the individual has a living will.
Other than a nominal expense, this legislation should cost little
to enforce, but may become invaluable if it increases Alaska's
participation in organ and tissue donation. Since 1989, 19
Alaskans have received kidney transplants through University
Hospital in Seattle; 12 Alaskans have received liver transplants;
and one resident received both a kidney and a pancreas. To
understand the need to make the organ donation as uncomplicated as
possible, Mr. Ambrose pointed out that as of January 24 of this
year, there were 20 Alaskans on the waiting list and the United
Network for Organ Sharing in Virginia has 68 Alaskans on their
waiting list.
MR. AMBROSE said the bill currently melds two different titles; one
addresses living wills and the other addresses organ donations.
CHAIRMAN TAYLOR reiterated that notification is provided to EMTs
and others through drivers' licenses. MR. AMBROSE added that the
importance of notifying an EMT of the existence of a living will
strengthens the declaration that the person is also an organ donor
and it might alert them to other instructions from someone who was
in an accident and incapacitated.
CHAIRMAN TAYLOR asked him to explain the amendment. MR. AMBROSE
directed committee members to page 4, line 25, where organ donation
declaration to the living will language is added. The process of
changing the language on line 30 went too far therefore on line 25
the word "declarant" was changed to "at the declarant's direction,"
to make it clearer.
SENATOR PARNELL moved to adopt amendment #1, LSO183W.1. There were
no objections therefore the motion carried.
MS. FRAN MCNEILL, a family care coordinator with Life Alaska, said
she was testifying for the director who had a medical emergency.
Life Alaska supports SB 38 because it facilitates the communication
of an individual's wishes regarding living wills, do-not-
resuscitate orders, and anatomical gifts. It supports individual
autonomy and self-determination and respects the individual's right
to make this very personal decision. Furthermore, SB 38 ensures
that people will have an opportunity to make these choices
independent of crises and encourages them to discuss their
decisions with family members. The family burden can be eased
greatly by knowing what a loved one wants.
Number 90
MR. FRANCES NOLAN , Battalion Chief, Emergency Medical Services
Training, supported SB 38; however expressed concern with one area
of the bill, AS 13.50.030(d) "person authorized to accept a gift
may employ or authorize any surgeon or physician for the purpose of
removing,...." This provision does not reflect the current
standard either in Alaska or nationally. Organ harvest,
particularly in non-living donors, is routinely performed by organ
transplant technicians. He thought limiting the procurement
process to surgeons and physicians would hamper the existing
process.
CHAIRMAN TAYLOR appreciated the comment, but noted that language is
existing law. He offered to amend the language if that was the
current status.
MR. NOLAN said two issues exist; organ donation and tissue
donation. A heart, for example, from a live body would be removed
by a physician or surgeon. On the other hand, many other body
parts, like bones and skin or corneas, are considered tissue
donations and harvested by technicians.
MS. MCNEILL added their director suggested amending the bill to
refer to an "appropriate Alaska organ or tissue bank." An organ
bank does employ a group of surgeons who usually come up to Alaska.
In the case of tissue, that surgery is done by Life Alaska. This
amendment would cover both situations.
Number 150
SENATOR PARNELL moved to adopt a conceptual amendment (#2) on page
2, line 6 to insert after the word "any" the phrase "appropriate
Alaska organ or tissue bank or." There were no objections and the
amendment was adopted.
MR. MARK JOHNSON, Chief, Community Health and Emergency Medical
Services, supported the intent of SB 38. They had worked with Life
Alaska in the past to improve and increase organ and tissue
donations in the State. He noted his agency has been responsible
for implementing the most recent amendments to the statute
regarding do not resuscitate orders. He said no dollars were
available for public education, but they are trying to increase
funding. He would need to discuss the best way to implement the
legislation with his staff.
CHAIRMAN TAYLOR said one of his concerns was the disregarding of
advance instructions, such as living wills and orders, that people
have placed with their physicians and others regarding do-not-
resuscitate. He hoped they might find a simple way through this
vehicle so emergency personnel feel comfortable with the document
they have in their hand when responding because serious decisions
would be based on it.
MR. JOHNSON agreed with him and displayed the logo used for do-not-
resuscitate orders in Alaska. His agency has notified all doctors
in the State of the logo. Previous legislation required a standard
logo be used; that will help as people become more familiar with
it. He said public education is an important part of
implementation.
CHAIRMAN TAYLOR said he thought it would be advantageous for all
states to come up with one logo. MR. JOHNSON said that the
previous legislation required his agency to survey other states
which they have done and have found many logos are used. Another
challenge is to help Alaskan doctors identify the logos. CHAIRMAN
TAYLOR said police officers can read a license number to a
dispatcher and within five seconds receive all the information
pertinent to that automobile and driver's license. The technology
is there; it just needs to be applied.
SENATOR PARNELL moved to pass CSSSSB 38(JUD) from committee with
individual recommendations. There were no objections and it was so
ordered.
CHAIRMAN TAYLOR adjourned the meeting at 2:00 p.m.
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