Bill Text: IA HF2118 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to protections for certain potential recipients of anatomical gifts. (See HF 2561.)
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-03-09 - Withdrawn. H.J. 532. [HF2118 Detail]
Download: Iowa-2019-HF2118-Introduced.html
House
File
2118
-
Introduced
HOUSE
FILE
2118
BY
WHEELER
A
BILL
FOR
An
Act
relating
to
protections
for
certain
potential
recipients
1
of
anatomical
gifts.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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2118
Section
1.
NEW
SECTION
.
142C.10B
Protections
of
certain
1
prospective
recipients
of
anatomical
gifts.
2
1.
A
hospital,
physician,
procurement
organization,
or
3
other
person
shall
not
determine
the
ultimate
recipient
of
an
4
anatomical
gift
based
upon
a
potential
recipient’s
disability,
5
except
to
the
extent
that
the
disability
has
been
found
by
a
6
physician,
following
a
case-by-case
evaluation
of
the
potential
7
recipient,
to
be
medically
significant
to
the
provision
of
the
8
anatomical
gift.
9
2.
Subsection
1
shall
apply
to
each
part
of
the
anatomical
10
gift
process
including
all
of
the
following:
11
a.
The
referral
from
a
primary
care
provider
to
a
12
specialist.
13
b.
The
referral
from
a
specialist
to
a
transplant
center.
14
c.
The
evaluation
of
the
patient
for
the
transplant
by
the
15
transplant
hospital.
16
d.
The
consideration
of
the
patient
for
placement
on
the
17
Iowa
donor
registry.
18
3.
A
person
with
a
disability
shall
not
be
required
to
19
demonstrate
postoperative
independent
living
abilities
in
order
20
to
have
access
to
an
anatomical
gift
if
there
is
evidence
that
21
the
person
will
have
sufficient,
compensatory
support
and
22
assistance.
23
4.
A
court
shall
accord
priority
on
its
calendar
and
handle
24
expeditiously
any
action
brought
to
seek
any
remedy
authorized
25
by
law
for
purposes
of
enforcing
compliance
with
this
section.
26
5.
This
section
shall
not
be
deemed
to
require
referrals
27
or
recommendations
for,
or
the
performance
of,
a
medically
28
inappropriate
transplant
of
a
part.
29
6.
As
used
in
this
section,
“disability”
means
the
same
as
30
defined
in
the
federal
Americans
with
Disabilities
Act
of
1990,
31
42
U.S.C.
§
12101
et
seq.
32
EXPLANATION
33
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
34
the
explanation’s
substance
by
the
members
of
the
general
assembly.
35
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H.F.
2118
This
bill
relates
to
the
uniform
anatomical
gift
Act
by
1
prohibiting
a
hospital,
physician,
procurement
organization,
2
or
other
person
from
determining
the
ultimate
recipient
of
an
3
anatomical
gift
based
upon
a
potential
recipient’s
disability,
4
except
to
the
extent
that
the
disability
has
been
found
by
a
5
physician,
following
a
case-by-case
evaluation
of
the
potential
6
recipient,
to
be
medically
significant
to
the
provision
of
7
the
anatomical
gift.
The
prohibition
applies
to
each
part
of
8
the
anatomical
gift
process
and
provides
that
a
person
with
a
9
disability
shall
not
be
required
to
demonstrate
postoperative
10
independent
living
abilities
in
order
to
have
access
to
an
11
anatomical
gift
if
there
is
evidence
that
the
person
will
have
12
sufficient,
compensatory
support
and
assistance.
The
bill
13
provides
that
a
court
shall
accord
priority
on
its
calendar
14
and
handle
expeditiously
any
action
brought
to
seek
any
remedy
15
authorized
by
law
for
purposes
of
enforcing
compliance
with
16
the
bill.
The
bill
is
not
to
be
deemed
to
require
referrals
17
or
recommendations
for,
or
the
performance
of,
medically
18
inappropriate
transplants
of
a
part
(an
organ,
an
eye,
or
19
tissue
of
a
human
being).
The
bill
defines
“disability”
as
20
having
the
same
meaning
as
used
in
the
federal
Americans
with
21
Disabilities
Act
of
1990.
22
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