CHAPTER 27

H.P. 51 - L.D. 55

Resolve, To Review Rules for Organ and Tissue Donation

Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

Whereas, this resolve must take effect prior to July 1, 2005 in order for the Department of Health and Human Services to initiate rulemaking 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

Sec. 1. Rules to be reviewed. Resolved: That the Department of Health 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