MISSISSIPPI LEGISLATURE
2017 Regular Session
To: Public Health and Human Services
By: Representative Johnson (87th) (By Request)
AN ACT TO BE KNOWN AS THE ALEXANDER BLOUIN MISSISSIPPI HOSPITAL ANATOMICAL GIFT NOTIFICATION ACT; TO MAKE CERTAIN LEGISLATIVE FINDINGS AND DECLARATIONS; TO AMEND SECTION 41-39-127, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT WHEN A HOSPITAL REFERS AN INDIVIDUAL WHO IS AT OR NEAR DEATH TO AN ORGAN PROCUREMENT ORGANIZATION, IF THE INDIVIDUAL DOES NOT HAVE A DOCUMENT OF GIFT OR A DOCUMENT OF REFUSAL, THE PROCUREMENT ORGANIZATION REPRESENTATIVE AND THE ATTENDING PHYSICIAN OF THE INDIVIDUAL SHALL PROVIDE ANATOMICAL GIFT INFORMATION TO AND SEEK TO OBTAIN THE CONSENT OF ANY PERSON HAVING THE AUTHORITY TO MAKE AN ANATOMICAL GIFT ON BEHALF OF THE INDIVIDUAL; TO REQUIRE THE PROCUREMENT ORGANIZATION REPRESENTATIVE AND THE ATTENDING PHYSICIAN TO FACILITATE THE CONSENT PROCESS BY PROVIDING ALL NECESSARY DOCUMENTS AND INSTRUCTIONS TO THE PERSON FROM WHOM CONSENT IS OBTAINED; TO REQUIRE THE HOSPITAL, THE PROCUREMENT ORGANIZATION AND THE ATTENDING PHYSICIAN OF THE INDIVIDUAL TO KEEP RECORDS OF ALL REQUESTS MADE FOR CONSENT, THE INFORMATION PRESENTED WITH THE REQUESTS FOR CONSENT, AND THE SIGNATURE OR NOTATION OF REFUSAL OF SIGNATURE OF THE PERSON OR PERSONS FROM WHOM CONSENT WAS REQUESTED; TO PROVIDE THAT A COPY OF THE RECORDS SHALL BE PLACED IN THE DECEASED INDIVIDUAL'S HOSPITAL MEDICAL RECORDS; TO PROVIDE THAT THE RECORDS SHALL BE PREPARED AND MAINTAINED BY THE HOSPITAL, PROCUREMENT ORGANIZATION AND ATTENDING PHYSICIAN IN THE FORM AND MANNER PRESCRIBED BY THE STATE DEPARTMENT OF HEALTH; TO PROVIDE THAT IF A HOSPITAL OR PHYSICIAN CONSISTENTLY FAILS TO COMPLY WITH THE REQUIREMENTS OF THIS ACT, THE HOSPITAL OR PHYSICIAN IS SUBJECT TO DISCIPLINARY ACTION FROM THE APPROPRIATE LICENSING AGENCY; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This act shall be known and may be cited as the "Alexander Blouin Mississippi Hospital Anatomical Gift Notification Act."
SECTION 2. The Legislature finds and declares the following:
(a) Studies indicate that only nineteen percent (19%) of Americans carry organ donation cards and significant numbers of medically appropriate potential recipients die each year due to the shortage of available organs. In fact, in the United States twenty-two (22) people pass away each day while waiting for an organ transplant. One (1) organ donor can save eight (8) lives and positively change and improve the lives of fifty (50) people.
(b) Organ donation is the process of giving an organ or part of an organ for the purpose of transplantation to another person. A potential organ donor must have blood and oxygen flowing through the organs until the time of organ recovery to ensure viability. Such situations frequently involve sudden trauma resulting from car accidents. After all efforts to save the patient have been exhausted, and tests are performed to confirm the absence of brain or brain stem activity, and brain death has been declared, is donation a possibility. At this time, the state donor registry is searched to determine if a patient has personally consented to donation. If the potential donor is not found in the registry, then a family member or legally authorized representative may authorize consent for organ donation. The organs and tissues that can be donated include: heart, kidneys, lungs, pancreas, liver, intestines, corneas, skin, tendons, bone, and heart valves.
(c) Many people, particularly young people and the parents of children and youth, have not given much or any thought to the topic of organ transplantation. When there is an unforeseen tragic loss, a caring and compassionate doctor could facilitate an organ donation for a needy recipient, thereby potentially saving the life of another individual. In fact, one study indicated that in one hundred twenty-eight (128) hospital cases involving children who passed away, consent was obtained in eighty-one (81) of those cases, or sixty-three percent (63%). As a result, despite the devastating tragedy for the donor families, numerous other individuals and families were given the gift of life. A mandatory request procedure would insure that the greatest number of individuals would be assisted through the organ recovery program.
SECTION 3. Section 41-39-127, Mississippi Code of 1972, is amended as follows:
41-39-127.
(a)
* * * Each
hospital * * *
shall refer an individual at or near death to a procurement
organization, and the organization shall make a reasonable search of the
records of the Mississippi Department of Public Safety and any donor registry
that it knows exists for the geographical area in which the individual resides
to ascertain whether the individual has made an anatomical gift.
(b) A procurement organization must be allowed reasonable access to information in the records of the Mississippi Department of Public Safety to ascertain whether an individual at or near death is a donor.
(c) When a hospital refers
an individual at or near death to a procurement organization, the organization
may conduct any reasonable examination necessary to ensure the medical
suitability of a part that is or could be the subject of an anatomical gift for
transplantation, therapy, research, or education from a donor or a prospective
donor. The organ procurement organizations, tissue bank, or eye bank, or
hospital medical professionals under the direction thereof, may perform any and
all tests to evaluate the deceased as a potential donor and any invasive
procedures on the deceased body in order to preserve the potential donor's
organs. During the examination period, measures necessary to ensure the
medical suitability of the part may not be withdrawn unless the hospital or
procurement organization knows that the individual expressed a contrary intent.
* * *
(d) Unless prohibited by law other than Sections 41-39-101 through 41-39-149, at any time after a donor's death, the person to which a part passes under Section 41-39-121 may conduct any reasonable examination necessary to ensure the medical suitability of the body or part for its intended purpose.
(e) Unless prohibited by law other than Sections 41-39-101 through 41-39-149, an examination under subsection (c) or (d) may include an examination of all medical and dental records of the donor or prospective donor.
(f) Upon the death of a minor who was a donor or had signed a refusal, unless a procurement organization knows the minor is emancipated, the procurement organization shall conduct a reasonable search for the parents of the minor and provide the parents with an opportunity to revoke or amend the anatomical gift or revoke the refusal.
(g) Upon referral by a
hospital of an individual at or near death to a procurement organization
under subsection (a), * * * if the individual does not have a document of gift or a document
of refusal, the procurement organization representative and the
attending physician of the individual shall * * * provide
anatomical gift information to and seek to obtain the consent of any person
listed in Section 41-39-117 having priority to make an anatomical gift on
behalf of * * * the individual, with reasonable discretion and
sensitivity to the family's circumstances, values and beliefs. The procurement
organization representative and the attending physician also shall facilitate
the consent process by providing all necessary documents and instructions to
the person from whom consent is obtained. The hospital, the procurement
organization and the attending physician of the individual shall keep records
of all requests made for consent, the information presented with the requests
for consent, and the signature or notation of refusal of signature of the
person or persons from whom consent was requested. A copy of the records shall
be placed in the deceased individual's hospital medical records. The records
shall be prepared and maintained by the hospital, procurement organization and
attending physician in the form and manner prescribed by the State Department
of Health. If a hospital or physician consistently fails to comply with the
requirements of this subsection (g), the hospital or physician is subject to
disciplinary action from the appropriate licensing agency.
(h) Upon referral by a
hospital of an individual at or near death to a procurement organization under
subsection (a), if * * *a the procurement organization receives information
that an anatomical gift to any other person was made, amended, or revoked, it
shall promptly advise the other person of all relevant information.
( * * *i) Subject to Sections 41-39-121(i)
and 41-39-143, the rights of the person to which a part passes under Section 41-39-121
are superior to the rights of all others with respect to the part. The person
may accept or reject an anatomical gift in whole or in part. Subject to the
terms of the document of gift and Sections 41-39-101 through 41-39-149, a
person that accepts an anatomical gift of an entire body may allow embalming,
burial or cremation, and use of remains in a funeral service. If the gift is
of a part, the person to which the part passes under Section 41-39-121, upon
the death of the donor and before embalming, burial, or cremation, shall cause
the part to be removed without unnecessary mutilation.
( * * *j) Neither the physician who attends
the decedent at death nor the physician who determines the time of the
decedent's death may participate in the procedures for removing or
transplanting a part from the decedent.
( * * *k) A physician or technician may
remove a donated part from the body of a donor that the physician or technician
is qualified to remove.
SECTION 4. This act shall take effect and be in force from and after March 26, 2017.