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F I S C A L I M P A C T R E P O R T

SPONSOR HJC

ORIGINAL DATE

LAST UPDATED

03/09/07

03/14/07 HB 1276/HJCS/aSJC

SHORT TITLE Revise Uniform Anatomical Gift Act

SB

ANALYST Hanika Ortiz/Geisler

ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT (dollars in thousands)

FY07

FY08

FY09 3 Year

Total Cost

Recurring

or Non-Rec

Fund

Affected

Total

see narrative

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

SUMMARY

Synopsis of SJC Amendments

The Senate Judiciary Committee amendments to Section 31 of HB 1276 impact:

1.

In the area of confidentiality of motor vehicle records (66-2-7.1), clarify that the bill section

applies to current and former “bureau" employees as well as current and former department

employees;

2.

In the area of confidentiality of motor vehicle records (66-2-7.1), clarify that this information

includes “administration of the Ignition Interlock Licensing Act and the interlock device

fund."

Synopsis of Original Bill

The House Judiciary Committee Substitute for House Bill 1276 replaces the existing Uniform

Anatomical Gift Act (NMSA Sections 24-6A-1 to 24-6A-15) by renaming and enacting the

“Jonathan Spradling Revised Uniform Anatomical Gift Act" with content promulgated by the

National Conference of Commissioners on Uniform State Laws (NCCUSL) in July, 2006.

The Act provides for definitions to include:

•

“adult" means an individual at least sixteen years of age;

•

“anatomical gift" means a donation of all or part of a human body to take effect after

death for the purpose of transplantation, therapy, research or education.

•

“disinterested witness" to include persons other than next-of-kin or guardian; other adults

who exhibit special care and concern; and, excludes certain beneficiary of gifts including

House Bill 1276/HJCS/aSJC – Page

2

transplant recipients.

•

“reasonably available" means able to be contacted by a procurement organization without

undue effort in a timely manner for the making of an anatomical gift.

The substitute bill also amends NMSA Section 12-2-4 regarding determination of death to

provide that death must be pronounced before artificial means of supporting circulatory or

respiratory functions are terminated and prior to removal of any vital organ for transplantation,

therapy, research or education in compliance with the provisions of the revised act.

The substitute bill also amends the Uniform Electronic Transactions Act, Section 14-16-3

NMSA 1978 relating to electronic signatures, and further states the act will not apply to certain

court orders, notices or documents in court transactions; or, documents required to accompany

transportation or handling of hazardous materials.

FISCAL IMPLICATIONS

There will be a minimal administrative cost for statewide update, distribution and documentation

of statutory changes. Any additional fiscal impact on the judiciary or corrections would be

proportional to the enforcement of this law and commenced prosecutions. New laws,

amendments to existing laws and new hearings have the potential to increase caseloads in the

courts, thus requiring additional resources to handle the increase.

SIGNIFICANT ISSUES

The substitute bill is limited to donations from deceased donors as a result of anatomical gifts

made before or after their deaths. The substitute bill simplifies donation and allows for

recognition of forms commonly found on driver’s licenses or other records signed by the donor

or other persons authorized to make the gift. An individual is also given the ability to refuse to

make a gift.

For persons who do not have a document of a gift, persons close to the individual may provide

for the donation. Persons who may make this gift and an order of the decision makers are

defined in the bill. If there is more than one person in a class of decision makers, there must be a

majority decision of persons reasonably available.

The bill gives procurement organizations access to donor registries, medical records and motor

vehicle division records to determine if someone has authorized a gift. If a donor has a clear

record of donation the family cannot override that decision, with the exception of a minor child.

The bill also prioritizes gifts for the purpose of transplantation or therapy; and, if the gift is not

suitable for such then provides for its use in research or education.

The bill provides for penalties. Falsifying a document of gift or refusal in order to obtain a

financial gain, purchasing or selling of body parts is a third degree felony with up to six years

imprisonment and/or a $5,000 fine.

Health care providers can continue measures needed to maintain the medical suitability of the

donation. This can be done prior to invoking health care directives regarding withholding or

withdrawing life support measures. The bill clarifies coordination and cooperation between

procurement organizations and State medical examiners.

House Bill 1276/HJCS/aSJC – Page

3

PERFORMANCE IMPLICATIONS

This proposal was developed according to recommendations from the NCCUSL to provide for

uniform law in all states. Laws regarding organ and tissue donation vary from state to state and

this can delay, hinder and even obstruct the process.

TECHNICAL ISSUES

The substitute bill provides for cooperation between Office of the State Medical Investigator and

the procurement organizations; however, does not address county coroners or funeral homes

which can further delay or obstruct the process.

Under Section 12-2-4 within paragraph C; “before artificial means of supporting circulatory or

respiratory functions are terminated" may not allow for the current practice of the recovery of

certain organs after life support has been withdrawn and the person has been declared dead. The

committee might decide to delete that portion of the sentence.

OTHER SUBSTANTIVE ISSUES

This newly revised version is intended to address the critical organ shortage by providing

additional ways for making organ, eye, and tissue donations. This act is designed to encourage

the making of anatomical gifts. It is also designed to honor and respect the autonomy interest of

individuals to make or not to make an anatomical gift of their body or parts. The act preserves

the current anatomical gift system founded upon altruism by requiring a positive affirmation of

intent to make a gift and prohibiting the sale and purchase of organs.

(http://www.law.upenn.edu/bll/ulc/uaga/2006final.htm).

AMENDMENTS

Pg 6, line 14, insert “human" between “of" and “tissue"

Pg 6, GG, line 16, delete “furnishes organ transplants" and replace with “provides for organ and

tissue recovery and transplantation"

Pg 25, line 20; delete “in order to obtain a financial gain" from the sentence to allow for other

types of compensation

GG/mt