HLS 14RS-998 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2014
HOUSE BILL NO. 427
BY REPRESENTATIVE BADON
HEALTH/ANATOMICAL GIFTS: Requires a hospital to provide information regarding
organ or tissue donation
AN ACT1
To enact R.S. 40:2115.1, relative to anatomical gifts; to require a hospital to provide2
information regarding organ or tissue donation; to provide for an exception; to3
require the adoption of a written policy and procedure; to authorize the use of4
available resources for cost containment; to provide for rulemaking authority; and5
to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 40:2115.1 is hereby enacted to read as follows: 8
ยง2115.1. Organ or tissue donation9
A. When death is imminent or has occurred in a hospital to a person10
determined to be a suitable candidate for organ or tissue donation, based on accepted11
medical standards, the hospital administrator or designated representative shall12
provide the person authorized to make an anatomical gift pursuant to R.S. 17:2354.313
with information regarding organ or tissue donation.14
B. No hospital shall be required to comply with the provisions of Subsection15
A of this Section if the hospital administrator or designated representative has actual16
notice of a contrary intention by the decedent or those persons authorized to make17
an anatomical gift pursuant to R.S. 17:2354.3, or reason to believe that an anatomical18
gift is contrary to the decedent's religious beliefs.19 HLS 14RS-998 ORIGINAL
HB NO. 427
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
C. Every hospital licensed to operate in the state shall adopt a written policy1
and procedure for providing the information regarding organ or tissue donation2
pursuant to Subsection A of this Section.3
D. The department shall make available materials regarding organ and tissue4
donation to each hospital subject to the provisions of this Section. In developing the5
materials required by this Subsection, the department may utilize any available6
resources for the purposes of minimizing costs to the department.7
E. The department may adopt, in accordance with the Administrative8
Procedure Act, any rules and regulations necessary to implement this Section.9
F. For the purposes of this Section, "department" means the Department of10
Health and Hospitals.11
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Badon HB No. 427
Abstract: Requires a hospital to provide information regarding organ or tissue donation
when death is imminent or has occurred to a person determined to be a suitable
candidate for organ or tissue donation.
Proposed law requires a hospital administrator or designated representative, when death is
imminent or has occurred in a hospital to a person determined to be a suitable candidate for
organ or tissue donation, based on accepted medical standards, to provide the person
authorized to make an anatomical gift with information regarding organ or tissue donation.
Proposed law provides an exception for when the hospital administrator has actual notice of
a contrary intention by the decedent or those persons authorized to make an anatomical gift,
or reason to believe that an anatomical gift is contrary to the decedent's religious beliefs.
Proposed law requires every hospital licensed to operate in the state to adopt a written policy
and procedure for providing the information regarding organ or tissue donation.
Proposed law requires the Dept. of Health and Hospitals (DHH) to make available materials
regarding organ and tissue donation to each hospital subject to the provisions of proposed
law and authorizes DHH to utilize any available resources for the purposes of minimizing
costs to the department.
Proposed law authorizes DHH to adopt, in accordance with the Administrative Procedure
Act, any rules and regulations necessary to implement proposed law.
(Adds R.S. 40:2115.1)