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Duplicates/Conflicts with/Companion to/Relates to

SOURCES OF INFORMATION

Comments were not received from the Department of Health at the time this analysis was written.

SUMMARY

Synopsis of HJC Amendment

House Judiciary Committee amendment to House Bill 647 changes language on page 11, lines 22 and 23 by striking "the hospital administrator or a representative designated by the administrator" and inserts new language to now read, "a procurement organization or a designated representative".

Synopsis of Bill

House Bill 647 relates to the donation of anatomical gifts. The proposed act creates a fund with the Department of Health, provides for voluntary donations to the fund through driving license applications and motor vehicle registrations, creates an advisory council, provides powers and duties, and clarifies duties and procedures under the Uniform Anatomical Gift Act.

Significant Issues

The need for anatomical gifts in order to save or improve another persons life increases yearly. In New Mexico this need far exceeds the supply that is presently available. The purpose of this proposed legislation is to intensify and improve the effort to obtain anatomical gifts in order to provide more opportunities to save or improve lives of New Mexicans and others. Significant aspects of this bill include:

1. The creation of an advisory council to assist the Department of Health in designing and implementing a strategy to educate and provide public awareness for the citizens on the need for the donation of anatomical gifts.

2. The addition of language that reduces the number of persons who must be present to make decisions about anatomical donations in a timely manner at times of emotional distress.

3. The limitation of liability for those individuals who, in their official capacities, make decisions regarding the potential donation of anatomical gifts.

4. The imposition of requirements on hospitals to conduct death reviews, and to establish procedures that identify potential donors in a timely manner and in consultation with a procurement organization.

5. The inclusion of an optional "Advance Health-Care Directive" that allows hospitals, family members and individuals to consider the donation of anatomical gifts in a timely manner without the pressures of emotional distress associated with the impending death of a person, and which gives direction on the amount and level of care a person wants when facing decisions about one's health.

6. The requirement the Department of Health develop and issue identification cards for individuals that clearly identify the wishes and extent of the anatomical gift contemplated by that individual. The department is also required to maintain a donor registry.

FISCAL IMPLICATIONS

At this time there is no estimate on the amount of money that may be derived from the donation of monies at the time of motor vehicle and drivers license registration or renewal procedures. Likewise, there is no estimate on the amount of money to be donated from individuals as a result of a solicitation by the department.

ADMINISTRATIVE IMPLICATIONS

The passage of this act will require the department to develop procedures and relationships with hospitals to enforce the provisions of this act.

OTHER SUBSTANTIVE ISSUES

The need for the donation of anatomical gifts increases each year. The donation of these gifts will increase with knowledge and better education of individuals about the benefits of these donations.

MB/gm