Connecticut 2020 Regular Session

Connecticut Senate Bill SB00457 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	LCO No. 2845 1 of 5
4	4
5	5	General Assembly Raised Bill No. 457
6	6	February Session, 2020
7	7	LCO No. 2845
8	8
9	9
10	10	Referred to Committee on PUBLIC HEALTH
11	11
12	12
13	13	Introduced by:
14	14	(PH)
15	15
16	16
17	17
18	18
19	19	AN ACT PROHIBITING DISCRIMINATION AGAINST PERSONS WITH A
20	20	DISABILITY WHO ARE CANDIDATES TO RECEIV E AN ANATOMICAL
21	21	GIFT.
22	22	Be it enacted by the Senate and House of Representatives in General
23	23	Assembly convened:
24	24
25	25	Section 1. Section 19a-289a of the general statutes is repealed and the 1
26	26	following is substituted in lieu thereof (Effective from passage): 2
27	27	As used in sections 19a-289a to 19a-289v, inclusive, and section 2 of 3
28	28	this act, unless the context otherwise requires: 4
29	29	(1) "Adult" means an individual who is at least eighteen years of age. 5
30	30	(2) "Agent" means an individual: 6
31	31	(A) Authorized to make health care decisions on the principal's behalf 7
32	32	by a power of attorney for health care; or 8
33	33	(B) Expressly authorized to make an anatomical gift on the principal's 9
34	34	behalf by any other record signed by the principal. 10
35	35	(3) "Anatomical gift" means a donation of all or part of a human body 11 Raised Bill No. 457
36	36
37	37
38	38
39	39	LCO No. 2845 2 of 5
40	40
41	41	to take effect after the donor's death for the purpose of transplantation, 12
42	42	therapy, research or education. 13
43	43	(4) "Decedent" means a deceased individual whose body or part is or 14
44	44	may be the source of an anatomical gift, including a stillborn infant and, 15
45	45	subject to restrictions imposed by law other than the provisions of 16
46	46	sections 19a-289a to 19a-289v, inclusive, a fetus. 17
47	47	(5) "Disinterested witness" (A) means a witness other than the spouse, 18
48	48	child, parent, sibling, grandchild, grandparent or guardian of the 19
49	49	individual who makes, amends, revokes or refuses to make an 20
50	50	anatomical gift, or another adult who exhibited special care and concern 21
51	51	for the individual, and (B) does not include a person to whom an 22
52	52	anatomical gift could pass under section 19a-289j. 23
53	53	(6) "Document of gift" means a donor card or other record used to 24
54	54	make an anatomical gift, including a statement or symbol on an 25
55	55	operator's license or identification card or inclusion in a donor registry. 26
56	56	(7) "Donor" means an individual whose body or part is the subject of 27
57	57	an anatomical gift. 28
58	58	(8) "Donor registry" means the state donor registry maintained 29
59	59	pursuant to the provisions of section 14-42a and includes any other 30
60	60	database that identifies donors and conforms with the provisions of 31
61	61	section 19a-289s. 32
62	62	(9) "Eye bank" means a person that is licensed, accredited or regulated 33
63	63	under federal or state law to engage in the recovery, screening, testing, 34
64	64	processing, storage or distribution of human eyes or portions of human 35
65	65	eyes. 36
66	66	(10) "Guardian" (A) means a person appointed by a court to make 37
67	67	decisions regarding the support, care, education, health or welfare of an 38
68	68	individual, and (B) does not include a guardian ad litem. 39
69	69	(11) "Hospital" means a facility licensed as a hospital under chapter 40
70	70	368v or the law of any other state or a facility operated as a hospital by 41 Raised Bill No. 457
71	71
72	72
73	73
74	74	LCO No. 2845 3 of 5
75	75
76	76	the United States, a state or a subdivision of a state. 42
77	77	(12) "Identification card" means an identification card issued by the 43
78	78	Department of Motor Vehicles. 44
79	79	(13) "Knows" or "knowingly" means to have actual knowledge. 45
80	80	(14) "Minor" means an individual who is under eighteen years of age. 46
81	81	(15) "Operator's license" means a license or permit issued by the 47
82	82	Department of Motor Vehicles to operate a vehicle, whether or not 48
83	83	conditions are attached to such license or permit. 49
84	84	(16) "Organ procurement organization" means a person designated 50
85	85	by the Secretary of the United States Department of Health and Human 51
86	86	Services as an organ procurement organization. 52
87	87	(17) "Parent" means a parent whose parental rights have not been 53
88	88	terminated. 54
89	89	(18) "Part" (A) means an organ, an eye or tissue of a human being, and 55
90	90	(B) does not include the whole body. 56
91	91	(19) "Person" means an individual, corporation, business trust, estate, 57
92	92	trust, partnership, limited liability company, association, joint venture, 58
93	93	public corporation, government or governmental subdivision, agency, 59
94	94	or instrumentality, or any other legal or commercial entity. 60
95	95	(20) "Physician" means an individual authorized to practice medicine 61
96	96	or osteopathy under chapter 370 or the law of any other state. 62
97	97	(21) "Procurement organization" means a person licensed, accredited 63
98	98	or approved under federal laws or the laws of any state, as a nonprofit 64
99	99	organ procurement organization, eye or tissue bank. 65
100	100	(22) "Prospective donor" means an individual, except for an 66
101	101	individual who has made a refusal, who is dead or near death and has 67
102	102	been determined by a procurement organization to have a part that 68
103	103	could be medically suitable for transplantation, therapy, research or 69 Raised Bill No. 457
104	104
105	105
106	106
107	107	LCO No. 2845 4 of 5
108	108
109	109	education. 70
110	110	(23) "Reasonably available" means able to be contacted by a 71
111	111	procurement organization without undue effort and willing and able to 72
112	112	act in a timely manner consistent with existing medical criteria 73
113	113	necessary for the making of an anatomical gift. 74
114	114	(24) "Recipient" means an individual into whose body a decedent's 75
115	115	part has been or is intended to be transplanted. 76
116	116	(25) "Record" means information that is inscribed on a tangible 77
117	117	medium or that is stored in an electronic or other medium and is 78
118	118	retrievable in perceivable form. 79
119	119	(26) "Refusal" means a record created under section 19a-289f that 80
120	120	expressly states an intent to bar other persons from making an 81
121	121	anatomical gift of an individual's body or part. 82
122	122	(27) "Sign" means, with the present intent to authenticate or adopt a 83
123	123	record: 84
124	124	(A) To execute or adopt a tangible symbol; or 85
125	125	(B) To attach to or logically associate with the record an electronic 86
126	126	symbol, sound or process. 87
127	127	(28) "State" means a state of the United States, the District of 88
128	128	Columbia, Puerto Rico, the United States Virgin Islands, or any territory 89
129	129	or insular possession subject to the jurisdiction of the United States. 90
130	130	(29) "Technician" means an individual, including an enucleator, 91
131	131	determined to be qualified to remove or process parts by an appropriate 92
132	132	organization that is licensed, accredited or regulated under federal or 93
133	133	state law. 94
134	134	(30) "Tissue" means a portion of the human body other than an organ 95
135	135	or an eye, and excludes blood unless such blood is donated for the 96
136	136	purpose of research or education. 97 Raised Bill No. 457
137	137
138	138
139	139
140	140	LCO No. 2845 5 of 5
141	141
142	142	(31) "Tissue bank" means a person that is licensed, accredited or 98
143	143	regulated under federal or state law to engage in the recovery, 99
144	144	screening, testing, processing, storage or distribution of tissue. 100
145	145	(32) "Transplant hospital" means a hospital that furnishes organ 101
146	146	transplants and other medical and surgical specialty services required 102
147	147	for the care of transplant patients. 103
148	148	Sec. 2. (NEW) (Effective from passage) (a) A person who is a candidate 104
149	149	to receive an anatomical gift shall not be deemed ineligible to receive an 105
150	150	anatomical gift solely because of the person's physical or mental 106
151	151	disability, except to the extent that a physician has determined, 107
152	152	following an evaluation of the person, that the person's physical or 108
153	153	mental disability is medically significant so as to contraindicate the 109
154	154	acceptance of the anatomical gift. If a person has the necessary support 110
155	155	to assist the person in complying with post-transplant medical 111
156	156	requirements, the person's inability to comply with such requirements 112
157	157	without assistance shall not be deemed to be medically significant. The 113
158	158	provisions of this subsection shall apply to each part of the transplant 114
159	159	process. 115
160	160	(b) Nothing in this section shall be construed to require a physician 116
161	161	to make a referral or recommendation for, or perform a medically 117
162	162	inappropriate transplant. 118
163	163	This act shall take effect as follows and shall amend the following
164	164	sections:
165	165
166	166	Section 1 from passage 19a-289a
167	167	Sec. 2 from passage New section
168	168
169	169	Statement of Purpose:
170	170	To prohibit discrimination against an individual with a disability who
171	171	is a candidate to receive an anatomical gift.
172	172	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
173	173	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
174	174	underlined.]
175	175