HOUSE BILL REPORT

SSB 5386

As Passed House:

April 5, 2011

Title: An act relating to establishing a work group to increase organ donation in Washington state.

Brief Description: Creating an organ donation work group.

Sponsors: Senate Committee on Health & Long-Term Care (originally sponsored by Senator Pridemore).

Brief History:

Committee Activity:

Health Care & Wellness: 3/14/11, 3/21/11 [DP].

Floor Activity:

Passed House: 4/5/11, 94-0.

Majority Report: Do pass. Signed by 11 members: Representatives Cody, Chair; Jinkins, Vice Chair; Schmick, Ranking Minority Member; Hinkle, Assistant Ranking Minority Member; Bailey, Clibborn, Green, Harris, Kelley, Moeller and Van De Wege.

Staff: Chris Cordes (786-7103).

Background:

In 1968 the National Conference of Commissioners on Uniform State Laws first adopted the Uniform Anatomical Gift Act (UAGA) to address, in part, the shortage of organs for transplants. Under the Revised UAGA enacted in Washington, a donor may make an anatomical gift through a will, donor card, driver's license statement, or other authorized method. Certain persons may be authorized to make a gift on behalf of the donor. A gift may be refused, changed, or revoked. Generally, an individual's unrevoked refusal to make a gift bars another person from making such a gift on the individual's behalf.

The Revised UAGA allows gifts to be made to:

• hospitals, medical and dental schools, colleges and universities, and organ procurement organizations;

• an individual if he or she is the recipient of the body part; and

• an eye bank or tissue bank.

Organ donation information on driver's licenses is transferred by the Department of Licensing to the Washington Donate Life Today Registry, a confidential database authorized by statute and used by organ procurement organizations.

The Organ and Tissue Donation Awareness Account was established in 2003 to receive donations made by persons registering a vehicle and any appropriations made specifically for donor awareness programs.

The United States Congress established the Organ Procurement and Transplantation Network (Network) under the National Organ Transplant Act of 1984. Under federal law, the procurement organization in the designated service area in which a donor lives is responsible for recovering donated organs, to be allocated as determined by the Network. These organizations also conduct outreach activities designed to increase the number of organ donors.

Summary of Bill:

A work group is created to study sustainable programs for increasing organ donations. The work group must consider all strategies that promote organ donation, including donor designation registries, presumed consent, opt-in and opt-out policies, and education of professionals and the public.

The work group must include a representative from the following:

• at least two designated organ procurement organizations;

• a transplant center;

• the Washington Medical Association;

• the Washington Hospital Association;

• the Washington Funeral Directors Association;

• a licensed eye bank;

• a licensed tissue bank; and

• a research institution.

No state funds may be used to fund the work group, but all costs will be covered by private donations.

The work group must report to the Legislature by December 30, 2011, with recommendations for increasing organ donations in the state.

Appropriation: None.

Fiscal Note: Not requested.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.

Staff Summary of Public Testimony:

(In support) Washington has had good success in increasing the number of organ donations. However, there are numerous proposals being discussed in various states that may impact organ donations. An interdisciplinary work group is needed to review these strategies and to evaluate the consequences for organ donation in Washington. Private donations will fund the work.

(Opposed) None.

Persons Testifying: Vicki Christopherson, Life Center Northwest.

Persons Signed In To Testify But Not Testifying: None.