HB 1628-1_ Filed 04/04/2001, 15:12
Adopted 4/5/2001

COMMITTEE REPORT




MR. PRESIDENT:

    The Senate Committee on Judiciary, to which was referred House Bill No. 1628, has had the same under consideration and begs leave to report the same back to the Senate with the recommendation that said bill be AMENDED as follows:

SOURCE: Page 1, line 1; (01)AM162803.1. -->     Page 1, delete lines 1 through 17.
    Page 2, delete lines 1 through 26.
    Page 2, line 30, after "gift" insert " in writing".
    Page 2, line 30, after "under" insert " section 2(a) of".
    Page 2, line 35, delete "described" and insert " identified".
    Page 2, line 38, delete "as described in" insert " made in writing under".
    Page 2, line 38, delete "chapter;" and insert " chapter or IC 9-24-17;".
    Page 2, line 39, after "the" insert " donor's".
    Page 2, delete lines 40 through 42, begin a new paragraph and insert:
    "(c) This section does not limit the individuals identified in section 2(b) of this chapter from:
        (1) making a gift of all or any part of a decedent's body; or
        (2) revoking a gift of all or any part of a decedent's body;
as provided in section 2(b) of this chapter.
    (d) Actual notice obtained by:
        (1) a recovery agency acting under section 3.5(a) of this chapter; or
        (2) a hospital acting under section 3.5(b) of this chapter;
of an individual's written anatomical gift that is made under section 2(a) of this chapter or IC 9-24-17 creates a rebuttable presumption that the individual made an anatomical gift for purposes of this section.
    (e) Actual notice obtained by:
        (1) a recovery agency acting under section 3.5(a) of this chapter; or
        (2) a hospital acting under section 3.5(b) of this chapter;
of an individual's written revocation of an anatomical gift that is made under section 2(a) of this chapter or IC 9-24-17 creates a rebuttable presumption that the individual revoked the anatomical gift for purposes of this section.
".
    Page 3, delete lines 1 through 7.
    Page 3, line 8, delete "(e)" and insert " (f)".
    Page 3, between lines 10 and 11, begin a new paragraph and insert:
SOURCE: IC 29-2-16-3.5; (01)AM162803.2. -->     "SECTION 2. IC 29-2-16-3.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 3.5. (a) If:
        (1) a hospital's designated organ recovery agency determines that an individual whose death is imminent or who has died is medically suitable for organ donation;
        (2) a hospital's designated organ recovery agency, in the absence of alternative arrangements by the hospital, and:
            (A) using the standards of a potential tissue and eye donor;
            (B) using the notification protocol developed by the hospital; and
            (C) consulting with the hospital's designated tissue recovery agency and eye recovery agency;
        determines that an individual whose death is imminent or who has died is medically suitable for tissue or eye donation;
        (3) a hospital's designated tissue recovery agency determines that an individual whose death is imminent or who has died is medically suitable for tissue donation; or
        (4) a hospital's designated eye tissue recovery agency determines that an individual whose death is imminent or who has died is medically suitable for eye donation;
the respective recovery agency shall attempt to ascertain whether the individual has made a written anatomical gift under section 2(a) of this chapter or under IC 9-24-17 and, if so, whether the individual has subsequently revoked the anatomical gift in writing. The recovery agency shall consult with the individuals identified in section 2(b) of this chapter who are reasonably available and may

consult with any other sources that are available to the recovery agency.
    (b) The recovery agency shall provide to the following any information obtained by the recovery agency under subsection (a):
        (1) The hospital.
        (2) The attending physician.
        (3) The physician who certified the individual's death if there is not an attending physician.
    (c) A recovery agency identified in subsection (a) may enter into a written agreement with a hospital to allow the hospital to ascertain whether an individual made a written anatomical gift under subsection 2(a) of this chapter or IC 9-24-17 and whether any subsequent written revocation of the anatomical gift occurred.
    (d) The hospital shall provide to the following any information obtained by the hospital under subsection (c):

         (1) The recovery agency.
        (2) The attending physician.
        (3) The physician who certified the individual's death if there is not an attending physician.
    (e) A hospital or a recovery agency is immune from civil liability for determining in good faith and in compliance with this section that:
        (1) an individual made a written anatomical gift; or
        (2) an individual subsequently made a written revocation of an anatomical gift.
".

SOURCE: Page 4, line 2; (01)AM162803.4. -->     Page 4, between lines 2 and 3, begin a new paragraph and insert:
SOURCE: IC 29-2-16-7.5; (01)AM162803.4. -->     "SECTION 4. IC 29-2-16-7.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 7.5. (a) The individual's attending physician, or, if none, the:
        (1) physician that certifies the individual's death;
        (2) hospital where the individual is admitted;
        (3) hospital where the individual's remains are being kept; or
        (4) individual identified in section 2 (b) of this chapter;
may petition the probate court in the county where the remains of the individual who is the subject to the petition are located, or the county in which the individual died, for the information referred to in subsection (b).
    (b) A person identified in subsection (a) may petition the probate court specified in subsection (a) to determine whether the individual:
        (1) made a written anatomical gift under section 2(a) of this

chapter or IC  9-24-17, for purposes of section 2.5 of this chapter; or
        (2) made a written revocation of an anatomical gift under section 2(a) of this chapter or under IC 9-24-17, for purposes of section 2.5 of this chapter.
    (c) If the probate court determines under subsection (b) of this chapter that the individual made a written anatomical gift that was not subsequently revoked in writing by the individual, the court shall order that the anatomical gift of an organ, tissue, or an eye be recovered.
    (d) The probate court may modify or waive notice and a hearing if the court determines that a delay would have a serious adverse effect on:
        (1) the medical viability of the individual; or
        (2) the viability of the individual's anatomical gift of an organ, tissue, or an eye.
".

SOURCE: Page 4, line 3; (01)AM162803.4. -->     Page 4, line 3, delete "117.5" and insert "123.5".
    Page 4, line 5, delete "117.5" and insert " 123.5".
    Page 4, after line 6, begin a new paragraph and insert:
SOURCE: IC 34-30-2-123.7; (01)AM162803.6. -->     "SECTION 6. IC 34-30-2-123.7 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 123.7. IC 29-2-16-3.5 (Concerning hospital and recovery agency immunity and anatomical gifts).".
    Renumber all SECTIONS consecutively.
    (Reference is to HB 1628 as printed February 15, 2001.)

and when so amended that said bill do pass .

Committee Vote: Yeas 6, Nays 0.

____________________________________

Senator Bray, Chairperson


AM 162803/DI 51    2001