Bill Text: HI SB2774 | 2010 | Regular Session | Introduced


Bill Title: Anatomical Gifts; HIV; AIDS

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-02-22 - (S) The committee on HTH deferred the measure. [SB2774 Detail]

Download: Hawaii-2010-SB2774-Introduced.html

THE SENATE

S.B. NO.

2774

TWENTY-FIFTH LEGISLATURE, 2010

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to anatomical gifts.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  For patients in Hawaii living with acquired immune deficiency syndrome (AIDS) or human immunodeficiency virus (HIV), organ transplants are not an available option.  However, people with AIDS or HIV are at greater risk for developing liver disease or viral hepatitis, which can lead to the need for an organ transplant.  Additionally, the medications used to treat AIDS and HIV may contribute to the disease, for example, putting more stress on the liver.  Thirty per cent of people with HIV will have some form of liver disease, usually with infection by either hepatitis B or hepatitis C. 

     Twenty-five years ago, AIDS patients were not expected to live long enough to receive a transplant.  But with powerful new drugs and patients living a longer and healthier life, the arduous experience of enduring an organ transplant is more feasible.  The United Network for Organ Sharing and a 2002 article in the New England Journal of Medicine both assert that people with HIV should be considered for transplants and there is no evidence of poorer survival rate.  Presently, the University of California San Francisco coordinates seventeen centers across the country to service people with HIV. 

     The legislature finds that patients living with AIDS or HIV, who meet other eligibility requirements, should be given the same consideration as other patients. 

     The purpose of this Act is to require that:

     (1)  Persons diagnosed with HIV or AIDS not be automatically excluded from organ transplant consideration; and

     (2)  Any procurement organization operating in the State maintain a list of potential donors who are considered high risk or are also diagnosed with HIV or AIDS, to serve as potential donors for persons diagnosed with HIV or AIDS.

     SECTION 2.  Chapter 327, Hawaii Revised Statutes, is amended by adding a new section to part IV to be appropriately designated and to read as follows:

     "§327-    Recipients of anatomical gifts; eligibility requirements.  (a)  Any person that has a human immunodeficiency virus (HIV) infection or acquired immune deficiency syndrome (AIDS) shall be eligible for receipt of an anatomical gift regardless of an HIV or AIDS diagnosis; provided that any person with HIV or AIDS may be determined ineligible based upon other standard criteria.  Any procurement organization, as defined in section 327-2, operating in the State may maintain separate eligibility lists for persons with HIV or AIDS.

     (b)  Any procurement organization operating in the State shall maintain a donor registry, as defined in section 327-2, including those persons who wish to donate but are determined to be:

     (1)  High risk; or

     (2)  A person with HIV or AIDS."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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Report Title:

Anatomical Gifts; HIV; AIDS

 

Description:

Prevents persons with HIV or AIDS from being automatically excluded from organ transplants due to their diagnosis; requires that any procurement organization in the State to maintain donor lists including high risk donors and persons with HIV or AIDS.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

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