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HI SB2776
Bill
Status
1/25/2010
Primary Sponsor
Rosalyn Baker
Click for details
AI Summary
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Amends Hawaii Revised Statutes Section 327-11 to clarify rules for distribution of anatomical gifts to organ procurement organizations, eye banks, tissue banks, and other entities when donors have not specified recipients.
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Establishes that if an anatomical gift does not specify a recipient but indicates the purpose is transplantation or therapy, the gift shall pass to the appropriate procurement organization or bank based on organ type.
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Imposes statutory damages of $500,000 per incident on organ procurement organizations, transplant hospitals, employees, and affiliates that fail to retrieve medically suitable donated organs through any available medical or surgical means.
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Authorizes individuals on organ transplant wait lists to bring lawsuits in state circuit court to enforce penalties and requires defendants to pay plaintiff's reasonable attorney's fees and legal costs regardless of lawsuit outcome, unless the court finds bad faith.
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Permits revocation of medical licenses for entities and individuals that fail to procure anatomical gifts after providing due process of law.
Legislative Description
Anatomical Gifts
Last Action
(S) The committee on CPN deferred the measure.
2/10/2010