Legislature(1997 - 1998)
01/31/1997 09:00 AM Senate HES
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SB 38 ANATOMICAL GIFTS,LIVING WILLS & DNR ORDER
CHAIRMAN WILKEN introduced SSSB 38 as the final order of business
before the committee.
SENATOR TAYLOR , Prime Sponsor of SSSB 38, said that SSSB 38 would
modify existing statutes regarding living wills and organ donors.
He explained that those provisions are found in different sections
and titles which creates some confusion. Often hospitals and EMTs
do not know if a living will exists or if a person is an organ
donor. Senator Taylor informed the committee that he had been to
a dinner at Providence Hospital in which statistics were revealed
indicating that living wills are being disregarded by care giving
institutions. Much of the reason for that can be attributed to the
ineffective manner in which this information is communicated.
Therefore, SSSB 38 would at least address those with driver's
licenses. The drivers' license would have a notice communicating
whether the person has a living will or is an organ donor or not.
Senator Taylor discussed statistics regarding the number of organ
donor recipients and those still waiting. Anything facilitating
this process is necessary.
Senator Taylor indicated that by adding this information to the
drivers' license, there could be a central depository at some
point. That notion is being reviewed as a possible amendment to
the legislation. He discussed how a policeman can, in minutes,
access much information about a person from their license plate
number. Senator Taylor expressed excitement with the possibility
that this same sort of system could be utilized by an EMT or
hospital simply by using the driver's license in order to obtain
information regarding a living will or organ donation.
TAPE 97-4, SIDE A
Number 007
SENATOR TAYLOR concluded by pointing out that if the statistics
from Providence Hospital are to be believed, there are many people
administering medical care in good faith to those who have
specifications stating otherwise.
SENATOR GREEN pointed out that SSSB 38 is before the committee, not
SB 38.
SENATOR ELLIS asked Senator Taylor if he contemplated that there
would be a sticker indicating a living will on the license and if
no sticker was present, then normal medical care would be given.
SENATOR TAYLOR expressed concern with the sticker falling off.
Senator Taylor would like to place this information on the back of
the license before the license is laminated. Perhaps, the entire
living will could be placed on the license so that when the license
was swiped the information would be available. Before that can be
achieved, the care providers should at least be able to see an
indicator on a license which would prompt a call to a local
dispatcher who can access the information.
SENATOR ELLIS asked if there was any change in the nature of the
living will. SENATOR TAYLOR replied, no, and explained that now
the living will and organ donor application would be on the same
form.
CHAIRMAN WILKEN noted that he had just renewed his license and has
a sticker which he did not believe would come off.
SENATOR TAYLOR emphasized that this procedure will take a number of
years before it becomes effective on licenses due to the fact that
licenses are good for five years.
SENATOR ELLIS asked if the bill required the DMV to talk to people
or have information in the mail-in for license renewals. SENATOR
TAYLOR believed that the DMV would ask a person if they have a
living will just as the DMV already asks if a person is interested
in being an organ donor.
CHAIRMAN WILKEN invited Mr. Anderson to give his testimony.
Chairman Wilken also informed the committee that SSSB 38 would be
voted on Monday.
Number 121
MATT ANDERSON , Emergency Medical Services Training Coordinator for
the Section of Community Health & Emergency Medical Services,
informed the committee that he was involved in Alaska's Do Not
Resuscitate protocols. As a result, he was in frequent contact
with EMS agencies, fire departments, and hospice organizations.
Therefore, SSSB 38 became of interest to Mr. Anderson. Mr.
Anderson identified the following two goals as the most important:
the visibility of the program and the ease with which on-scene
responders can identify those persons who have executed these
provisions. Mr. Anderson noted that DHSS would have to develop
symptoms and designs for cards and jewelry indicating a persons
participation in these procedures. No national insignias have been
identified.
Mr. Anderson pointed out that with the development of these
standardized designs, the public will expect there to be a system
in place to deal with the procedures. Currently, the bill does not
address this aspect nor does DHSS' fiscal note. Providing very
clear guidelines to the 4,000 licensed and certified emergency
responders is of major importance. Mr. Anderson informed the
committee that there is a Do Not Resuscitate (DNR) program in place
with a standardized insignia and requested that program be left in
place and only enhanced by this legislation. Perhaps, this would
be an appropriate time to add language requiring the State Medical
Examiner's permission prior to the decedent's tissue and organs
being released for donation. In conclusion, DHSS is in support of
the intent of SSSB 38.
Number 174
JUANITA HENSLEY , Chief of Drivers Services for the Division of
Motor Vehicles, explained that when a person is at the DMV counter
to apply or renew a drivers' license the counter person is
instructed by law to ask the individual if he/she would like to be
an organ donor. If the individual wants to be an organ donor, a
card is signed by the individual and witnessed by the counter
person and subsequently laminated. The individual receives the
laminated card with his/her license and a sticker indicating the
individual is an organ donor is placed on the drivers' license.
Ms. Hensley informed the committee that the organ donor notation is
not placed inside the laminate of the drivers' license because the
DMV believes that a person can revoke the organ donor choice at any
time during the license period. The living will identification
could be added to the card with the organ donor information. Ms.
Hensley stated that this information cannot be placed on the back
of the license because there is not enough room. Further, the
separate card allows the individual to retain the ability to revoke
a living will, a do not resuscitate order, and an organ donor
notification.
With regards to the indicator on the system so that a dispatcher
would have access to this information, that could be programmed
into the system. Ms. Hensley pointed out that if this information
is programmed into the system, then the individual would have to
contact DMV in order to revoke one or all of these specifications.
The DMV wants to keep people out of the office, therefore Ms.
Hensley said that she would want to discuss that with the sponsor
in order to determine how to make the process viable.
Number 224
SENATOR ELLIS asked if a sticker on the license would still be
used. JUANITA HENSLEY explained that the sticker would still be
used indicating an organ donor and now there would be a sticker
indicating the presence of a living will. Ms. Hensley reiterated
that there would be nothing added to the back of the license. The
individual would receive a separate laminated card specifying an
organ donor, a living will and/or a do not resuscitate order. The
individual could revoke these specifications at any time by
destroying the card and the sticker, there is no need to contact
the DMV because there is no record of the specifications.
SENATOR ELLIS believed that the bill, as the sponsor statements
indicated, goes further than the second laminated card and the
stickers. SENATOR TAYLOR interjected that his previous comments
spoke to his hope for the future. In response to Senator Ellis,
JUANITA HENSLEY said that there would be no additional record
keeping required on the part of DMV under this legislation. If the
desire is to have these specifications in a database, that would
require program changes and funding for those changes.
SENATOR TAYLOR inquired as to what happens to the separate laminate
card. JUANITA HENSLEY reiterated that the separate laminated card
is given to the individual to carry with their drivers' license.
There is no information on who is an organ donor at the DMV.
SENATOR ELLIS did not recall being informed of his ability to
revoke his designations; he thought that the DMV kept a record.
SENATOR TAYLOR clarified that this legislation would merely add
another sticker on the front of the license with the separate
laminated card.
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