02/11/2008 01:30 PM Senate HEALTH, EDUCATION & SOCIAL SERVICES

                    SB 181-ANATOMICAL GIFTS                                                                                 
                                                                                                                                
2:47:08 PM                                                                                                                    
CHAIR DAVIS announced consideration of SB 181.                                                                                  
                                                                                                                                
SENATOR  McGUIRE   summarized  that  this  bill   simply  updates                                                               
existing statute  with respect to  anatomical gifts,  bringing it                                                               
into line with federal law.                                                                                                     
                                                                                                                                
2:48:48 PM                                                                                                                    
TREVOR  FULTON advised  that the  bill  is based  on the  federal                                                               
Anatomical  Gift Act.  It was  designed to  facilitate organ  and                                                               
tissue  donation and  transplantation,  remove  obstacles in  the                                                               
donation  process,  and  increase participation  in  organ  donor                                                               
programs.  He pointed  out the  blank  committee substitute  that                                                               
came from discussions  with the Department of  Law and Department                                                               
of Health and Social Services; they concur with the changes.                                                                    
                                                                                                                                
CHAIR DAVIS asked if Mr. Fulton was referring to version E.                                                                     
                                                                                                                                
MR. FULTON confirmed that it was version E.                                                                                     
                                                                                                                                
SENATOR THOMAS  moved to adopt  committee substitute  (CS)SB 181,                                                               
version E,  as the  working document.  There being  no objection,                                                               
version E was before the committee.                                                                                             
                                                                                                                                
2:50:43 PM                                                                                                                    
WHITNEY BREWSTER,  Director, Department of Motor  Vehicles (DMV),                                                               
directed  the committee's  attention  to section  14  on page  4,                                                               
subsection  (b), line  17 of  the  bill, which  would change  the                                                               
legal age  to sign up as  an organ donor  from 18 to 16  years of                                                               
age and questioned the implications of that change.                                                                             
                                                                                                                                
DEBORAH  BAER,  Department  of   Law,  Uniform  Law  Commissioner                                                               
clarified that a  minor must have permission from  his parents to                                                               
drive  before he  can  check the  box to  donate.  If allowed  to                                                               
drive, a  child would  also be  allowed to  make the  decision on                                                               
anatomical  gifts. However,  the  gift could  be  revoked if  the                                                               
child died before  reaching age 18. She summarized  that the bill                                                               
would not change drivers license  law in the state, children must                                                               
still have parental consent to drive or sign up as organ donors.                                                                
                                                                                                                                
SENATOR THOMAS asked what the law meant by "emancipated."                                                                       
                                                                                                                                
MS. BAER explained that the age of majority in Alaska is 18, but                                                                
a court can decided  a minor child is able to live  on his or her                                                               
own.                                                                                                                            
                                                                                                                                
2:54:42 PM                                                                                                                    
SENATOR COWDERY  directed Ms. Baer to  page 8, line 31  and asked                                                               
who is meant by "any other  person having authority to dispose of                                                               
the decedent's body."                                                                                                           
                                                                                                                                
MS. BAER  responded that one  would need to have  legal authority                                                               
to dispose  of the  body. For example,  the medical  examiner, at                                                               
some  point, has  legal authority  to  dispose of  the body.  She                                                               
affirmed  the bill  did not  create legal  authority that  is not                                                               
already in state law.                                                                                                           
                                                                                                                                
SENATOR  COWDERY asked  how  the  matter of  a  living will  that                                                               
declines life support  would be addressed, since  it is necessary                                                               
to keep  the donor  on life  support to  ensure viability  of the                                                               
organ.                                                                                                                          
                                                                                                                                
2:56:21 PM                                                                                                                    
MS. BAER explained  that the bill does not try  to trump a living                                                               
will. If a potential donor had  a "do not resuscitate order," the                                                               
doctor would honor that, but if  necessary in order to honor both                                                               
that directive and the wish to  donate, the doctor would have the                                                               
authority   to  maintain   support  until   the  organ   donation                                                               
organization could  review the documentation and  arrange for the                                                               
procedure.                                                                                                                      
                                                                                                                                
SENATOR  COWDERY asked  if a  patient's decision  to refuse  life                                                               
support would be tantamount to a decision not to donate?                                                                        
                                                                                                                                
MS.  BAER said  they are  two separate  decisions that  a patient                                                               
would have to make with a doctor and/or legal adviser.                                                                          
                                                                                                                                
2:58:12 PM                                                                                                                    
BRUCE  ZALNERAITIS, CEO,  Life  Alaska  Donor Services  testified                                                               
that close  to 100,000 people  in the United States  were waiting                                                               
for organ transplants, 180 of them  in Alaska, and that 18 people                                                               
in  the United  States die  each day  while waiting.  By updating                                                               
Alaska's Uniform Anatomical Gift Act  (UAGA) to the 2006 version,                                                               
SB 181  would remove  obstacles to organ  and tissue  donation by                                                               
clarifying language on  who can grant consent  to organ donation.                                                               
The  revised   version  would   also  prioritize   donations  for                                                               
transplant over research and improve  relations between the donor                                                               
organizations and the medical examiner's office.                                                                                
                                                                                                                                
3:01:25 PM                                                                                                                    
SENATOR  DYSON  moved to  report  CSSB  181 from  committee  with                                                               
individual  recommendations  and  attached zero  fiscal  note(s).                                                               
There being no objection, CSSB 181(HES) moved from committee.