MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Public Health and Welfare

By: Senator(s) Nunnelee, Hewes, Jordan (24th), Browning, Bean, Johnson (19th)

AN ACT TO AMEND SECTION 41-39-15, MISSISSIPPI CODE OF 1972, TO DIRECT ALL HOSPITALS TO DEVELOP, WITH THE CONCURRENCE OF THE HOSPITAL MEDICAL STAFF AND DESIGNATED ORGAN PROCUREMENT ORGANIZATION, A PROTOCOL FOR IDENTIFYING ALL POTENTIAL ORGAN AND TISSUE DONORS, TO DEFINE ALL PARTICIPANTS IN THE PROTOCOL, TO PRESCRIBE CERTAIN PROCEDURES FOR THE PROTOCOL AND A CONSENT PROCESS BY THE FAMILY AND TO REQUIRE ANNUAL REPORTS BY THE ORGAN PROCUREMENT ORGANIZATIONS TO THE STATE DEPARTMENT OF HEALTH; TO AMEND SECTION 41-39-53, MISSISSIPPI CODE OF 1972, TO DIRECT THE COMMISSIONER OF PUBLIC SAFETY TO DISTRIBUTE INFORMATION REGARDING ORGAN AND TISSUE DONATION; AND FOR RELATED PURPOSES. 

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

SECTION 1. Section 41-39-15, Mississippi Code of 1972, is amended as follows:

41-39-15. (1) As used in this section:

(a) "Potential organ donor" is a patient with a severe neurological insult who exhibits loss of cranial nerve response or who has a Glasgow Coma Scale score of five (5) or less.

(b) "Potential tissue donor" is any patient who dies due to cardiac arrest.

(c) "Organ procurement organization" is the federally-designated agency charged with coordinating the procurement of human organs for the purpose of transplantation and research.

(2) All general acute care hospital shall develop a protocol for identifying potential organ and tissue donors.

(3) Within six (6) months from the effective date of Senate Bill No. 2171, 1998 Regular Session, all hospitals shall develop, with the concurrence of the hospital medical staff and their designated organ procurement organization, a protocol for identifying all potential organ and tissue donors. The protocol shall require each hospital to contact the designated organ procurement organization by telephone at or near the time of death of all patients or upon the identification of a terminally-ill patient. The organ procurement organization shall determine the suitability of the patient for organ or tissue donation after consultation with the attending physician or designee. The hospital will note in the patient's chart the assessment of suitability for donation. The organ procurement agency representative will provide information about donation options to the family or persons specified in Section 41-39-35 when consent for donation is requested.

(4) If the patient becomes brain dead and is still suitable as a potential donor, the legal next of kin or persons specified in Section 41-39-35 will be approached for consent to donate organs. The organ procurement organization representative shall initiate the consent process with reasonable discretion and sensitivity to the family's circumstances, values and beliefs. To discourage multiple requests for donation consent, the organ procurement organization representative will request tissue donation during the organ donation consent process. When the possibility of tissue donation alone exists, a tissue bank representative, or their designee, may request the donation.

(5) The option of organ donation will be made to the deceased patient's family upon the occurrence of brain death and before mechanical ventilation of the patient is removed. If the family declines organ donation after the brain death pronouncement is made, mechanical ventilation will be discontinued. The protocol shall require documentation of the decision to either donate or to decline. The organ procurement organization shall provide a form to the hospital for the documentation. The form will be signed by the patient's family pursuant to Sections 41-39-31 through 41-39-51. The form will be placed in each deceased patient's chart documenting the family's decision regarding donation of organs or tissues from the patient.

(6) Each hospital shall work with the organ procurement organization to conduct performance improvement record reviews of deceased patients' charts. Aggregate data shall be submitted by the organ procurement organization to the Mississippi Department of Health by July 1 for the preceding year.

(7) Any hospital, administrator, physician, surgeon, nurse, technician, organ procurement organization, tissue procurement organization, or donee, who acts in good faith to comply with Section 41-39-15 shall not be liable in any civil action to a claimant who alleges that his consent for the donation was required.

(8) Nothing in Senate Bill No. 2171, 1998 Regular Session, or in this section shall be construed to supersede or revoke, by implication or otherwise, any valid gift of the entire body to a medical school.

SECTION 2. Section 41-39-53, Mississippi Code of 1972, is amended as follows:

41-39-53. (1) The Commissioner of Public Safety is hereby directed to adopt and implement a program whereby anatomical organ donors may be so identified by an appropriate decal, sticker or other marking to be affixed to the driver's license of such person.

(2) The commissioner shall provide space on every application for a driver's license or renewal thereof in which the applicant may indicate his desire to have such marking on his driver's license. In addition, any person whose license has not expired or who has already obtained a license may have such marking affixed by the commissioner upon request.

(3) The commissioner shall publish the existence of such program along with information regarding the procedures for having such marking affixed to a license.

(4) The commissioner shall notify his counterparts in each of the other states as to the existence of the program and the significance of the marking.

(5) No provision of this section shall be construed to modify or repeal any provisions of the Anatomical Gift Law, Section 41-39-31 et seq., and the actual donation of such anatomical organ shall be in conformity with and subject to all provisions of the Anatomical Gift Law.

(6) The Commissioner of Public Safety will distribute information about organ and tissue donation to each location where drivers' licenses are applied for or renewed. This information shall be made available to the Commissioner of Public Safety by the federally-designated organ procurement organization for the State of Mississippi.

SECTION 3. This act shall take effect and be in force from and after July 1, 1998.