An Act To Improve the Rate of Organ and Tissue Donation by Establishing the Organ Donation Advisory Council
Maine Legislature, Session 125, LD 0435
Committee: Health and Human Services
Sponsors: LANGLEY, ROCHELO, KATZ, MARTIN, MASON, SNOWE-MELLO, BRIGGS, FOSSEL, PRESCOTT, STRANG BURGESS
Amends: 5 MRSA §12004-G, 29-A MRSA §1402-A, 29-A MRSA §1402-B

Legislative Document 
No. 435 
S.P. 139 
In Senate, February 10, 2011 
An Act To Improve the Rate of Organ and Tissue Donation by 
Establishing the Organ Donation Advisory Council 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
JOSEPH G. CARLETON, JR. 
Secretary of the Senate 
Presented by Senator LANGLEY of Hancock. 
Cosponsored by Representative ROCHELO of Biddeford and 
Senators: KATZ of Kennebec, MARTIN of Kennebec, MASON of Androscoggin, SNOWE-
MELLO of Androscoggin, Representatives: BRIGGS of Mexico, FOSSEL of Alna, 
PRESCOTT of Topsham, STRANG BURGESS of Cumberland. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  5 MRSA §12004-G, sub-§30-E is enacted to read: 
30-E.   
Sec. 2.  29-A MRSA §1402-A, sub-§4, ¶B, as enacted by PL 2003, c. 394, §4 
and affected by §6, is repealed. 
Sec. 3.  29-A MRSA §1402-A, sub-§4, ¶D, as enacted by PL 2003, c. 394, §4 
and affected by §6, is repealed. 
Sec. 4.  29-A MRSA §1402-B is enacted to read: 
§1402-B.  Organ Donation Advisory Council 
1.  Appointment; composition; term; compensation.  The Organ Donation 
Advisory Council, established by Title 5, section 12004-G, subsection 30-E, referred to in 
this section as "the council," consists of 10 members. The Governor shall annually 
designate the chair of the council. The Secretary of State, a representative of a state health 
agency, the president of a statewide medical society, a representative of the bureau and a 
representative of a federally designated organ procurement organization serving the State 
are members of the council. Each other member is appointed by the Governor, subject to 
review by the joint standing committee of the Legislature having jurisdiction over health 
and human services matters and to confirmation by the Legislature. Five members must 
be persons who are experienced in the field of organ and tissue donation or 
transplantation, at least one of whom must be a recipient of a donated organ or tissue, at 
least one of whom must be a donor or a family member of a donor and at least one of 
whom must be a doctor experienced in organ and tissue transplantation. All appointed 
members are appointed for a term of 3 years, and a vacancy must be filled in the same 
manner as the position was originally filled for the unexpired portion of the term. An 
appointed member may not serve for more than 2 consecutive terms. Appointed members 
serve until their successors are appointed. Members serve without compensation. 
2.  Meetings; reports.  The council shall meet at least 4 times a year and convene 
special meetings at the call of the chair, a majority of the members of the council or the 
Secretary of State. The members of the council shall elect a chair, except that the 
Secretary of State may not be chair. The council shall make an annual report to the 
Governor that must include an account of all actions taken to further organ and tissue 
donation and file a copy of the report to the Secretary of State, the Secretary of the Senate 
and the Clerk of the House of Representatives. 
3.  Duties.  The council shall: 
Organ Donations 
Organ Donation 
Advisory Council 
Not Authorized 
29-A MRSA 
§1402-B 
A.  Assist the Secretary of State in coordinating the efforts of all public and private 
agencies within the State concerned with the donation and transplantation of organs 
and tissues; 
B.  Advise the Secretary of State on policy and priorities of need in the State for a 
comprehensive program relating to organ and tissue donation and transplantation; 
C.  Assist the Secretary of State in developing strategies to increase donations that the 
council may find effective; and 
D.  Establish numerical goals for increasing organ and tissue donation rates in the 
State, to include a baseline account of current organ and tissue donation rates, as well 
as periodic benchmarks for success. The bureau may provide monthly donor 
designation rates for each branch office of the bureau to assist in identifying goals. 
SUMMARY 
This bill repeals a volunteer advisory committee to provide information and advice 
regarding anatomical gifts and replaces it with an appointed advisory council to advise 
the State on improving the rate of organ and tissue donation.