AN ACT ESTABLISHING AN ORGAN AND TISSUE DONOR REGISTRATION FUND.
Whereas, The deferred operation of this act would tend to defeat its purpose, which is to provide forthwith for the promotion of organ and tissue donor registration, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same as follows:
SECTION 1. Chapter 10 of the General Laws is hereby amended by inserting after section 35E the following section:-
Section 35E½. There shall be established and set up on the books of the commonwealth an Organ and Tissue Donor Registration Fund to facilitate the registration of residents as organ and tissue donors. The fund shall consist of revenues collected by the commonwealth: (1) pursuant to section 15 of chapter 17 and section 8D of chapter 90; and (2) from public and private sources as gifts, grants and donations to facilitate the registration of residents as organ and tissue donors.
All revenues credited under this section shall remain in the Organ and Tissue Donor Registration Fund, not subject to appropriation, to facilitate the registration of organ and tissue donors and to support any reasonable and necessary administrative costs incurred by the department of public health, not to exceed 3 per cent per annum of the funds held in the trust in a given state fiscal year, in coordinating with the advisory council established in section 15 of chapter 17 to carry out the responsibilities of the council. The state treasurer shall not deposit or otherwise transfer the revenues to the General Fund or any other fund.
The state treasurer shall deposit the moneys in the fund in accordance with section 34 of chapter 29 in a manner that will secure the highest interest available consistent with the safety of the fund and with the requirement that all amounts on deposit shall be available for immediate withdrawal at all times. The fund shall be expended at the direction of the commissioner of public health only for the purposes stated in this section and any unexpended balances in the fund at the end of the fiscal year shall not revert and shall be available for expenditures in the subsequent fiscal year.
SECTION 2. Chapter 17 of the General Laws is hereby amended by striking out section 15, as appearing in the 2008 Official Edition, and inserting in place thereof the following section:-
Section 15. (a) There shall be an advisory council on organ and tissue transplants and donations which shall consist of the commissioner of public health; the registrar of motor vehicles; the director of organ transplants; the president of the Massachusetts Medical Society; and at least 6 persons to be appointed by the governor with experience in the field of organ and tissue transplants and donations, at least 1 of whom shall be a representative of a federally-designated organ procurement organization serving the commonwealth, at least 1 of whom shall be a physician experienced in organ and tissue transplantation, at least 1 of whom shall be a physician experienced in pediatric organ and tissue transplantation, at least 1 of whom may be a donated organ or tissue recipient, at least 1 of whom may be a pediatric donated organ or tissue recipient and at least 1 of whom may be an organ or tissue donor or a family member of an organ or tissue donor. Members shall be appointed for terms of 3 years and no member shall be appointed to serve for more than 2 consecutive terms. Upon the expiration of the term of an appointed member, a successor shall be appointed in like manner for a term of 3 years.
(b) The governor shall annually designate the chairperson of the council from among its members. The council shall meet at least 2 times annually, and shall convene special meetings at the call of the chairperson, a majority of the members of the council, the commissioner of public health or the director of organ transplants. The director of organ transplants shall serve as the executive secretary of the council and shall attend all meetings. The council shall make an annual report to the governor, which shall include an account of all actions taken to further adult and pediatric organ and tissue donor registration, and shall file a copy of the report with the state secretary and the clerks of the senate and house of representatives. Members of the council shall serve without compensation.
(c) The advisory council shall:
(1) assist the commissioner of public health and the director of organ transplants in coordinating the efforts of all public and private agencies within the commonwealth concerned with the donation and transplantation of human organs and tissue;
(2) advise the commissioner of public health and the director of organ transplants on policy and priority of needs for a comprehensive program relative to organ and tissue donations and transplants;
(3) assist the director of organ transplants in developing strategies to increase adult and pediatric organ and tissue donor registration and awareness with a special focus upon the need for increased pediatric organ and tissue donation; provided, however, that funding to support any such strategies shall be made available from the Organ and Tissue Donor Registration Fund established in section 35E½ of chapter 10;
(4) assist the director of organ transplants in establishing a website that provides general information relative to adult and pediatric organ and tissue donor registration and awareness, which shall include, but not be limited to, information that the council and director consider beneficial in increasing public knowledge about the need for organ and tissue donation, particularly pediatric organ and tissue donation, and a means by which the public may donate to the Organ and Tissue Donor Registration Fund;
(5) facilitate and assist in the establishment of a program by which employers can match the donations of their employees to the Organ and Tissue Donor Registration Fund;
(6) establish goals for increasing both adult and pediatric organ and tissue donation rates, which shall include a baseline account of current organ and tissue donation rates and periodic benchmarks for success; and
(7) assist the director of organ transplants in establishing regulations which shall set forth standards and guidelines by which the director shall select individuals to receive funds from the Organ Transplant Fund established in section 35E of said chapter 10 and determine the amount each such individual shall receive.
SECTION 3. Section 8 of chapter 90 of the General Laws, as so appearing, is hereby amended by inserting after the word “thereof”, in line 27, the following words:- , including any online renewal.
SECTION 4. Section 8D of said chapter 90, as so appearing, is hereby amended by inserting after the word “license”, in line 2, the following words:- and registration.
SECTION 5. Said section 8D of said chapter 90, as so appearing, is hereby further amended by inserting after the third paragraph the following paragraph:-
The registrar shall include on an online license renewal form an option for the person submitting the form to donate a sum of not less than $2 to the Organ and Tissue Donor Registration Fund established in section 35E½ of chapter 10. The registrar shall annually report the total amount designated under this paragraph to the state treasurer who shall credit amounts received for that purpose to the fund.
SECTION 6. Said section 8D of said chapter 90, as so appearing, is hereby further amended by adding the following paragraph:-
The registrar shall develop a means by which a person licensed by the registrar to operate a motor vehicle or holding an identification card issued under section 8E to register as an organ and tissue donor through the registry’s website. The means shall be in addition to and shall contain the same security provisions as provided for the online renewal of licenses and registrations.
SECTION 7. Section 12D of chapter 112 of the General Laws, as so appearing, is hereby amended by adding the following paragraph:-
If a patient covered by MassHealth pursuant to chapter 118E is prescribed a narrow therapeutic index immunosuppressant drug for the treatment of an organ or tissue transplant, the pharmacist shall notify the prescribing physician if a substitution to a narrow therapeutic index immunosuppressant drug for the treatment of an organ or tissue transplant is made. For the purposes of this paragraph, “narrow therapeutic index immunosuppressant drug” shall mean an immunosuppressant drug for the treatment of an organ or tissue transplant that has a narrow range in blood concentrations between efficacy and toxicity and requires therapeutic drug concentration or pharmacodynamic monitoring.
Approved July 29, 2010