An Act To Create Guidelines and Procedures for Organ and Tissue Donation to Research Facilities
Maine Legislature, Session 122, LD 0055
Committee Amendment CA_A_H238 (House)
Committee: Health and Human Services regarding the review and

COMMITTEE AMENDMENT "/I,, to H. P. 51, L.D. 55, Bill, "An Act 
To Create Guidelines and Procedures for Organ and Tissue Donation 
to Research Facilities" 
Amend the bill by striking out the title and substituting 
the following: 
'Resolve, To Review Rules for Organ and Tissue Donation' 
Further amend the bill by striking out everything after the 
ti t1e and before the summary and inserting in its place the 
following: 
'Emergency preamble. Whereas, acts 
and 
Legislature 
do 
not 
become 
effective 
until 
adjournment unless enacted as emergencies; and 
resolves 
of 
the 
days 
after 
Whereas,this resolve must take effect prior to July 1, 2005 
in order for the Department of Health and Human Services to 
initiate ru1emaking to revise, amend or replace existing rules 
regarding organ and tissue donation to address issues including 
informed consent, training and the manner in which organ and 
tissue donation requests are processed in this State; and 
Whereas, in the judgment of the Legislature, these facts 
create an emergency within the meaning of the Constitution of 
Maine 
and 
require 
the 
following 
legislation 
as 
immediately 
necessary for the preservation of the public peace, health and 
safety; now, therefore, be it 
COMMITTEE AMENDMENT 
.. fb· 
... 
COMMITTEE AMENDMENT "A" to H.P. 51, L.D. 55 
Sec. 1. Rules to be reviewed. Resolved: 
That the Department of 
Heal th and Human Services shall review the rules regarding the 
responsibilities of hospitals and physicians in implementing the 
Uniform Anatomical Gift Act, including, but not limited to, the 
congruity of the current rules with recent federal changes in the 
protocol for 
organ and tissue procurement, 
informed consent, 
conflict of interest and the potential application of the rules 
to research facilities and other entities not currently subject 
to 
the 
rules. 
The 
department 
shall 
include in the 
review 
representatives of the Department of the Attorney General, Office 
of the Chief Medical Examiner, Maine hospitals, a regional organ 
and tissue bank, a statewide association of funeral directors, a 
statewide association of funeral consumers and medical providers 
involved in the 
organ 
and tissue procurement process. 
The 
department shall report by January 31, 2006 to the Joint Standing 
Committee on Health and Human Services regarding the review and 
any recommendations of the department. 
Emergency clause. 
In view of the emergency cited in the 
preamble, this resolve takes effect when approved.' 
SUMMARY 
This amendment replaces the bill with a resolve to have the 
Department of Health and Human Services review its rules for 
organ and tissue donation procurement. 
The resolve requires a 
report to the Joint Standing Committee 
on Health and 
Human 
Services by January 31, 2006. 
The amendment adds an emergency 
preamble and an emergency clause. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
, 
Approved: 03/31105 ~aC!. 
LD55 
LR0137(02) 
An Act To Create Guidelines and Procedures for Organ and Tissue Donation to Research Facilities 
Fiscal Note for Bil~ as Amended by Committee Amendment 'IJ' 
Committee: Health and Human Services 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Fiscal Detail and Notes 
Any additional costs to the Department of Health and Human Services in implementing this bill can be absorbed by 
the department utilizing existing resources. 
LR0137(2) - Fiscal Note - Page 1 of 1 
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