Senate
Study
Bill
1090
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
STATE
GOVERNMENT
BILL
BY
CHAIRPERSON
DANIELSON)
A
BILL
FOR
An
Act
relating
to
organ
and
tissue
donation
including
donation
1
of
anatomical
gifts
through
an
active
choice
registration
2
system
and
the
establishment
of
an
altruistic
living
donor
3
registry
and
fund.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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Section
1.
NEW
SECTION
.
142E.1
Definitions.
1
As
used
in
this
chapter,
unless
the
context
otherwise
2
requires:
3
1.
“Altruistic
living
donor
registry”
or
“living
donor
4
registry”
means
the
registry
established
in
section
142E.2
to
5
promote
and
assist
live
organ
donations.
6
2.
“Department”
means
the
department
of
public
health.
7
3.
“Directed
donation”
means
a
donation
pursuant
to
which
8
a
living
donor
provides
an
organ
for
a
known
transplant
9
candidate.
10
4.
“Iowa
donor
network”
means
the
Iowa
donor
network
as
11
defined
in
section
142C.2.
12
5.
“Iowa
donor
registry”
means
the
Iowa
donor
registry
as
13
defined
in
section
142C.2.
14
6.
“Nondirected
donation”
means
a
donation
pursuant
to
15
which
a
living
donor
does
not
identify
a
specific
recipient
and
16
donates
to
any
recipient
who
is
a
medical
match.
17
7.
“Organ
procurement
organization”
means
organ
procurement
18
organization
as
defined
in
section
142C.2.
19
8.
“Paired
exchange”
means
a
donation
pursuant
to
which
the
20
registry
assists
a
living
donor
and
a
transplant
candidate
who
21
are
medically
incompatible
to
find
another
living
donor
and
22
transplant
candidate
pair
facing
the
same
issue
and
to
allow
23
the
donors
to
exchange
recipients.
24
9.
“Registrar”
means
the
administrator
of
the
altruistic
25
living
donor
registry.
26
10.
“Transplant
hospital”
means
a
transplant
hospital
as
27
defined
in
section
142C.2.
28
Sec.
2.
NEW
SECTION
.
142E.2
Altruistic
living
donor
29
registry.
30
1.
The
director
of
public
health
shall
contract
with
and
31
recognize
the
Iowa
donor
registry
to
establish
and
maintain
an
32
altruistic
living
donor
registry.
The
living
donor
registry
33
shall
contain
information
regarding
individuals
who
have
34
identified
themselves
as
altruistic
living
kidney
donors.
The
35
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living
donor
registry
shall
be
designed
to
promote
and
assist
1
live
kidney
donations,
including
but
not
limited
to
directed
2
donations,
paired
exchanges,
and
nondirected
donations.
The
3
registrar
administering
the
altruistic
living
donor
registry
4
shall
develop
methods
to
increase
the
number
of
donors
who
5
enroll
in
the
registry.
6
2.
The
registrar
shall
make
available
to
the
federally
7
designated
organ
procurement
organizations
and
transplant
8
hospitals
in
the
state,
information
contained
in
the
registry
9
regarding
potential
donors.
This
information
shall
be
used
to
10
expedite
a
match
between
identified
organ
donors
and
potential
11
recipients.
12
3.
The
registrar
may
receive
voluntary
contributions
to
13
support
the
registry
and
its
activities.
Any
contributions
14
received
shall
be
deposited
in
the
altruistic
living
donor
fund
15
created
in
section
142E.3.
16
4.
The
registrar
shall
collect
and
make
all
of
the
following
17
information
relating
to
altruistic
kidney
donations
available
18
to
the
public:
19
a.
The
number
of
donors
on
the
registry.
20
b.
The
changes
in
the
number
of
donors
on
the
registry.
21
c.
The
general
characteristics
of
the
donors.
22
5.
At
such
time
as
the
centers
for
Medicare
and
Medicaid
23
services
of
the
United
States
department
of
health
and
human
24
services
and
the
united
network
for
organ
sharing
determine
25
that
a
donation
is
generally
regarded
as
safe
and
without
a
26
significant
risk
of
complications,
and
would
not
adversely
27
affect
the
health
of
the
donor,
the
registrar
may
expand
the
28
altruistic
living
donor
registry
to
include
individuals
who
29
identify
themselves
as
altruistic
living
donors
of
organs
30
and
tissue
other
than
kidneys.
Any
such
expansion
shall
be
31
reported
by
the
department
in
the
annual
altruistic
living
32
donor
report
pursuant
to
subsection
6.
33
6.
The
department
shall
prepare
and
submit
a
report
to
34
the
governor
and
the
general
assembly,
annually,
on
or
before
35
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January
1,
regarding
altruistic
living
donor
donation.
The
1
report
shall
contain
all
of
the
following:
2
a.
An
evaluation
of
living
donor
donation
in
the
state,
3
including
statistics
regarding
donor
donation
activity
as
of
4
September
30
of
the
preceding
year.
5
b.
Efforts
in
the
state
to
increase
living
donor
donation.
6
c.
Annual
contribution
levels
to
the
altruistic
living
donor
7
fund
and
any
distributions
made
from
the
fund.
8
d.
Efforts
and
ideas
for
increasing
public
awareness
of
the
9
option
of
living
donor
donation.
10
e.
Additional
information
deemed
relevant
by
the
department
11
in
assessing
the
status
and
progress
of
living
donor
donation
12
efforts
in
the
state.
13
Sec.
3.
NEW
SECTION
.
142E.3
Altruistic
living
donor
fund.
14
1.
An
altruistic
living
donor
fund
is
created
as
a
separate
15
fund
in
the
state
treasury
under
the
control
of
the
department.
16
The
fund
shall
consist
of
any
appropriations
or
contributions
17
made
to
the
fund
for
the
purpose
of
the
fund.
18
2.
The
moneys
collected
under
this
section
and
deposited
in
19
the
fund
are
appropriated
to
the
department
for
the
purpose
of
20
administering
the
altruistic
living
donor
registry
established
21
in
section
142E.1.
Moneys
in
the
fund
shall
not
be
subject
to
22
appropriation
or
expenditure
for
any
other
purpose.
23
3.
The
treasurer
of
state
shall
act
as
custodian
of
the
fund
24
and
shall
disburse
amounts
contained
in
the
fund
as
directed
25
by
the
department.
The
treasurer
of
state
may
invest
the
26
moneys
deposited
in
the
fund.
Notwithstanding
section
12C.7,
27
interest
or
earnings
on
moneys
in
the
fund
shall
be
credited
28
to
the
fund.
Notwithstanding
section
8.33,
moneys
credited
to
29
the
fund
that
remain
unexpended
or
unobligated
at
the
end
of
a
30
fiscal
year
shall
not
revert
to
any
other
fund.
31
Sec.
4.
NEW
SECTION
.
321.183A
Application
for
driver’s
32
license
or
nonoperator’s
identification
card
——
active
choice
33
anatomical
gift
donation.
34
1.
a.
The
application
for
a
driver’s
license
or
35
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nonoperator’s
identification
card
or
renewal
of
a
driver’s
1
license
or
nonoperator’s
identification
card
shall
contain
a
2
space
for
the
applicant
to
indicate
choice
of
enrollment
as
an
3
anatomical
gift
donor
on
the
Iowa
donor
registry
as
defined
in
4
section
142C.2.
5
b.
The
application
shall
include
the
following
language
to
6
allow
an
applicant
to
indicate
the
applicant’s
preference:
7
___
Yes,
add
my
name
to
the
Iowa
donor
registry.
8
___
I
do
not
wish
to
register
at
this
time.
9
Marking
“yes”
adds
your
name
to
the
Iowa
donor
registry
and
an
10
indication
will
appear
on
your
license
or
card.
If
you
wish
to
11
remove
your
name
from
the
registry
you
must
contact
the
Iowa
12
donor
registry.
The
department
can
remove
the
indication
from
13
your
license
or
card,
but
cannot
remove
you
from
the
registry.
14
If
you
mark
“yes”
to
register
as
an
anatomical
gift
donor,
15
you
are
legally
authorizing
the
recovery
of
organs
and
tissues
16
in
the
event
of
your
death.
Registering
as
a
donor
will
not
17
affect
your
medical
treatment
in
any
way.
As
outlined
in
the
18
Iowa
Revised
Uniform
Anatomical
Gift
Act,
Iowa
Code
chapter
19
142C,
your
authorization
is
legally
binding
if
your
donation
20
complies
with
the
Iowa
Revised
Uniform
Anatomical
Gift
Act.
21
You
may
limit
your
donation
to
specific
organs
or
tissues,
22
place
usage
restrictions,
for
example
transplantation
or
23
research,
obtain
more
information
about
donation,
or
remove
24
your
name
from
the
registry.
25
2.
The
department
shall
inquire
verbally
of
an
applicant
26
applying
in
person
as
to
whether
the
applicant
wishes
to
enroll
27
as
an
anatomical
gift
donor.
Failure
or
refusal
to
answer
28
the
question
or
to
check
a
box
on
the
application
form
is
not
29
a
basis
for
denial
of
a
driver’s
license
or
nonoperator’s
30
identification
card.
31
3.
A
minor
may
register
as
a
donor
if
the
minor
is
32
emancipated
or
if
the
minor
is
authorized
under
state
law
to
33
apply
for
a
driver’s
license
or
identification
card
because
34
the
minor
is
at
least
fourteen
years
of
age,
and
the
minor
35
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authorizes
registration
as
a
donor
with
the
signed
approval
of
1
a
parent
or
guardian.
2
4.
On
a
weekly
basis,
the
department
shall
electronically
3
transmit
to
the
Iowa
donor
registry,
as
defined
in
section
4
142C.2,
all
of
the
following
information
from
every
application
5
that
indicates
the
applicant’s
decision
to
enroll
in
the
Iowa
6
donor
registry.
7
a.
The
applicant’s
true
full
name.
8
b.
The
applicant’s
residence
or
mailing
address.
9
c.
The
applicant’s
year
of
birth.
10
d.
The
applicant’s
driver’s
license
number
or
identification
11
card
number.
12
5.
The
director
shall
adopt
rules
to
administer
this
13
section.
14
EXPLANATION
15
This
bill
relates
to
organ
and
tissue
donation
through
16
anatomical
gifts
and
living
donor
donations.
17
The
bill
directs
the
director
of
public
health
to
contract
18
with
and
recognize
the
Iowa
donor
registry
to
establish
and
19
maintain
an
altruistic
living
donor
registry.
The
living
20
donor
registry
is
to
contain
information
regarding
individuals
21
who
have
identified
themselves
as
altruistic
living
kidney
22
donors,
and
is
to
be
designed
to
promote
and
assist
live
kidney
23
donations,
including
directed
donations,
paired
exchanges,
24
and
nondirected
donations.
The
registrar
administering
the
25
altruistic
living
donor
registry
is
directed
to
develop
methods
26
to
increase
the
number
of
donors
who
enroll
in
the
registry.
27
The
bill
requires
the
registrar
to
make
available
to
the
28
federally
designated
organ
procurement
organizations
and
29
transplant
hospitals
in
the
state,
information
contained
in
the
30
registry
regarding
potential
donors.
This
information
must
31
be
used
to
expedite
a
match
between
identified
organ
donors
32
and
potential
recipients.
The
registrar
is
required
to
make
33
certain
information
available
to
the
public
including
the
34
number
of
donors
on
the
registry;
changes
in
the
number
of
35
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_____
donors
on
the
registry;
and
the
general
characteristics
of
the
1
donors.
2
The
bill
provides
that
at
such
time
as
the
centers
for
3
Medicare
and
Medicaid
services
of
the
United
States
department
4
of
health
and
human
services
and
the
united
network
for
organ
5
sharing
determine
that
a
donation
is
generally
regarded
as
safe
6
and
without
a
significant
risk
of
complications,
and
would
7
not
adversely
affect
the
health
of
the
donor,
the
registrar
8
may
expand
the
altruistic
living
donor
registry
to
include
9
individuals
who
identify
themselves
as
altruistic
living
donors
10
of
organs
and
tissue
other
than
kidneys.
Any
such
expansion
11
is
required
to
be
reported
by
the
department
of
public
health
12
(DPH)
in
the
annual
altruistic
living
donor
report.
13
The
bill
directs
DPH
to
prepare
and
submit
a
report
to
the
14
governor
and
the
general
assembly,
annually,
on
or
before
15
January
1,
regarding
altruistic
living
donor
donation,
and
16
specifies
the
information
to
be
included
in
the
report.
The
17
bill
also
establishes
an
altruistic
living
donor
fund
as
a
18
separate
fund
in
the
state
treasury
under
the
control
of
DPH
19
and
appropriates
the
moneys
in
the
fund
to
DPH
for
the
purposes
20
of
administering
the
altruistic
living
donor
registry.
21
The
bill
also
provides
for
active
choice
in
making
an
22
anatomical
gift
by
specifying
language
to
be
included
on
23
an
application
for
a
driver’s
license
or
nonoperator’s
24
identification
card
or
renewal
of
a
driver’s
license
or
25
nonoperator’s
identification
card.
Under
the
bill,
the
26
application
is
to
contain
a
space
for
the
applicant
to
indicate
27
choice
of
enrollment
as
an
anatomical
gift
donor
on
the
Iowa
28
donor
registry
by
including
boxes
for
an
applicant
to
mark
29
one
of
the
following:
“yes,
add
my
name
to
the
Iowa
donor
30
registry”;
or
“I
do
not
wish
to
register
at
this
time”.
The
31
bill
also
requires
the
department
of
transportation
to
inquire
32
verbally
of
an
applicant
applying
in
person
as
to
whether
33
the
applicant
wishes
to
enroll
as
an
anatomical
gift
donor.
34
Failure
or
refusal
to
answer
the
question
or
to
check
a
box
on
35
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7
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_____
the
application
form
is
not
a
basis
for
denial
of
a
driver’s
1
license
or
nonoperator’s
identification
card.
The
bill
also
2
specifies
the
language
to
be
included
on
the
application
3
relating
to
anatomical
gift
donation.
The
bill
directs
the
4
department,
on
a
weekly
basis,
to
electronically
transmit
5
to
the
Iowa
donor
registry
specific
information
relating
to
6
the
information
provided
by
the
applicant
and
directs
the
7
director
of
the
department
of
transportation
to
adopt
rules
to
8
administer
the
provisions
of
the
bill.
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