Legislature(1993 - 1994)
03/30/1994 09:07 AM Senate STA
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
CHAIRMAN LEMAN brings up HB 323 (RELEASE OF CERTAIN DEATH CERT. INFO) as the next item before the Senate State Affairs Committee. The chairman calls the prime sponsor to testify. Number 027 REPRESENTATIVE CYNTHIA TOOHEY, prime sponsor of HB 323, reads the sponsor statement for the bill. REPRESENTATIVE TOOHEY states tissue donation to improve the quality of another's life is a consolation for those who have lost loved ones. TAPE 94-22, SIDE A Number 001 REPRESENTATIVE TOOHEY states HB 323 would allow tissue and organ donation facilities to obtain the pertinent information from the Department of Health & Social Services within the required time frame, allowing for successful donation. Representative Toohey reviews the process by which donation will occur. REPRESENTATIVE TOOHEY states the Alaska Medical Association, the Department of Health & Social Services, and the court systems are strongly supportive of this legislation. HB 323 has two zero fiscal notes, and passage in the House of Representatives was unanimous. Representative Toohey introduces Mr. Saakvitne and Mr. Johnson. Number 033 JENS SAAKVITNE, Director of Life Alaska, states that Life Alaska is a non-profit tissue procurement agency based in Alaska and serving Alaskans. Mr. Saakvitne states that Alaska had 13 organ donors in 1993. During that same time period, Alaska had a total of 87 tissue donors. Those 87 tissue donors supplied tissue for 223 transplants for Alaskans. There were approximately an additional 1,000 transplants that took place outside the State of Alaska. All tissue that is donated through Life Alaska is offered first to Alaskans, before being released outside the state. MR. SAAKVITNE states there have been eighteen donors so far in 1994. He says even when a donor card exists, Life Alaska would support the wish of the family, if the family did not want to make a donation. During a recent three day weekend when there was one donation made, there were an seven additional deaths of young persons that Life Alaska never learned about until it was too late for a donation to be made. So the intent of HB 323 is to create fuller, and in some cases, more rapid communication between the coroner's office and Life Alaska. MR. SAAKVITNE states similar tissue donation programs are in place in Colorado, California, Texas, Florida, Missouri, and Ohio. He believes there may be other states with tissue donation programs of which he is not aware. He was personally involved with the Colorado program for about eleven years. He is not aware of any complaints from families that have been contacted for donation. Only trained people contact families for donations. Mr. Saakvitne states he has taught family approach on a national basis. He describes a typical contact to the committee. Life Alaska has put some families in contact with crisis intervention, victim's for justice, and sent out vast amounts of bereavement literature to grieving families. This support from Life Alaska continues, regardless of what a families decision may be regarding donation. We would like to take steps through this legislation to make sure most families are at least given the option to make a donation. Number 125 CHAIRMAN LEMAN asks Mr. Saakvitne if any donations would ever be made from fetal tissue. Number 130 MR. SAAKVITNE responds no donations would ever be made from fetal tissue. Donations are made from full-term birth and on. There have been donations from several babies who were only a few weeks old. He does not see Life Alaska ever being involved in fetal tissue donation, either currently or in the future. Number 142 CHAIRMAN LEMAN asks Mr. Saakvitne if, in that case, it would not hurt Life Alaska's mission if the committee were to clarify that in the legislation. Number 145 MR. SAAKVITNE replies it would only hurt Life Alaska's mission insofar as to slow down the legislation. Number 148 SENATOR TAYLOR expresses concern that donor cards attached to driver's licenses do not appear to be working. Number 152 MR. SAAKVITNE responds donor cards are currently not found in most cases, even though there are laws that state hospitals, law enforcement, and medical personnel are supposed to check for donor cards. In practice, that very rarely happens. What a donor card does frequently do, is bring the issue to discussion in a family. Technically, donor cards are a legal document, and Life Alaska could go ahead and take donations based on the donor card, if the existence of the card is known. In point of fact, Life Alaska does try to make it a family decision. Number 166 SENATOR TAYLOR states he has a donor card affixed to his Alaska Driver's License, and is frustrated to hear the donor card system is not working as it should be. Number 185 REPRESENTATIVE TOOHEY asks Senator Taylor to realize that organs have to be removed from a living body, while tissue can be removed within 24 hours after death. That is the difference between organ donation and tissue donation. Tissue is very valuable, especially small children's heart valves, bones, and corneas. HB 323 relates primarily to tissue donation. MR. SAAKVITNE states that, until two years ago, there was no tissue donation option unless a person was also an organ donor. This has changed, but it will be a long term educational process, on which Life Alaska is really working. Number 210 SENATOR TAYLOR states that information released from the coroner is what will trigger the donation process. CHAIRMAN LEMAN asks Mr. Johnson from the Department of Health & Social Services to testify. Number 218 MARK JOHNSON, Coordinator, Emergency Medical Services, Division of Public Health, Department of Health & Social Services states the department supports HB 323, as does the Alaska Council on Emergency Medical Services. Mr. Johnson believes, with the new medical examiner system, that this process will work much better in the future than it has in the past. Number 235 SENATOR TAYLOR asks Mr. Johnson to explain how HB 323 will change things. MR. JOHNSON replies, under current statutes there are confidentiality requirements that make it more difficult to give information to Life Alaska. This will relieve the coroner's office of those requirements. Number 242 SENATOR TAYLOR states those requirements are that the coroner notify next of kin. He asks if the coroner would be able to notify Life Alaska even before it has notified next of kin. Number 256 MR. SAAKVITNE responds they could, but it has been Life Alaska's agreement and wish that Life Alaska not be given the information until a family has been contacted. That would be his worst nightmare. SENATOR TAYLOR adds Life Alaska's phone call could be the next of kin's first phone call, that is what he was getting at, and that would be really rough. MR. SAAKVITNE states currently, the only information he receives from the coroner's office is name and time of death. SENATOR TAYLOR states notification of family members is not a simplistic thing. One doesn't just make a phone call, especially when dealing with older persons who might not be able to handle the stress of hearing of the death of their child. Senator Taylor foresees potential problems with the press hounding Life Alaska for information. Number 299 CHAIRMAN LEMAN asks if there was a reason HB 323 does not have an immediate effective date. (Apparently, there is no particular reason HB 323 does not have an immediate effective date.) CHAIRMAN LEMAN announces HB 323 will be held so the committee can do some work on it.
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