BP BHEAD INT H [atlas:bill]

AN ACT Relating to the sale or donation of fetal tissue; amending RCW 68.50.530; adding a new section to chapter 68.50 RCW; and creating new sections.

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

NEW SECTION. Sec. 1. The legislature makes the following findings:

(1) Current federal laws prohibit the sale of human organs and tissues for research or transplantation;

(2) State law on the sale of human organs and tissues for research or transplantation is in need of clarification;

(3) Federal law prohibits any fetal tissue donations without the informed consent of the patient, the researcher, and the donee in cases involving federally funded research;

(4) Allegations regarding the transfer of fetal tissue for valuable consideration requires an investigation to determine if current laws banning the sale of organs are being broken; and

(5) The uniform anatomical gift act, chapter 68.50 RCW, should be clarified to address issues raised by fetal tissue use and research.

Sec. 2. RCW 68.50.530 and 1996 c 178 s 15 are each amended to read as follows:

Unless the context requires otherwise, the definitions in this section apply throughout RCW 68.50.520 through 68.50.630, section 3 of this act, and 68.50.901 through 68.50.904.

(1) "Anatomical gift" means a donation of all or part of a human body to take effect upon or after death.

(2) "Decedent" means a deceased individual.

(3) "Document of gift" means a card, a statement attached to or imprinted on a motor vehicle operator's license, a will, or other writing used to make an anatomical gift.

(4) "Donor" means an individual who makes an anatomical gift of all or part of the individual's body. "Donor" also means a patient who makes an anatomical gift of fetal tissue.

(5) "Enucleator" means an individual who is qualified to remove or process eyes or parts of eyes.

(6) "Hospital" means a facility licensed under chapter 70.41 RCW, or as a hospital under the law of any state or a facility operated as a hospital by the United States government, a state, or a subdivision of a state.

(7) "Part" means an organ, tissue, eye, bone, artery, blood, fluid, or other portion of a human body.

(8) "Person" means an individual, corporation, business trust, estate, trust, partnership, joint venture, association, government, governmental subdivision or agency, or any other legal or commercial entity.

(9) "Physician" or "surgeon" means an individual licensed or otherwise authorized to practice medicine and surgery or osteopathic medicine and surgery under chapters 18.71 and 18.57 RCW.

(10) "Procurement organization" means a person licensed, accredited, or approved under the laws of any state for procurement, distribution, or storage of human bodies or parts.

(11) "State" means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.

(12) "Technician" means an individual who is qualified to remove or process a part.

NEW SECTION. Sec. 3. A new section is added to chapter 68.50 RCW to read as follows:

If the anatomical gift is a byproduct of a routine medical procedure, and does not involve the death of the donor, informed consent as set out in RCW 7.70.060 is required. If the patient is a minor, the provisions of RCW 7.70.065 apply.

NEW SECTION. Sec. 4. The house of representatives requests that the office of the attorney general conduct an investigation to determine if illegal trafficking of fetal remains is occurring in Washington state. The results of the investigation shall be reported to the health committee of the house of representatives by January 1, 2001.