Kentucky 2023 Regular Session Status: Enacted

SB 71 — AN ACT relating to organ donation.

Last action — signed by Governor (Acts Ch. 52)

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 07, 2023. Enacted.

Prognosis

Likely to advance 68% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amend KRS 311.1925 to add other related adults and hospital administrators to the hierarchy of those who can authorize an anatomical gift; amend KRS 311.1929 to add research for the advancement of donation and transplantation science as an acceptable use; amend KRS 311.1935 to specify the examination period and to allow a hospital to conduct a standard medical evaluation to ensure medical stability of a part; amend KRS 311.1943 to conform; amend KRS 311.1947 to add donation for therapy, education, and research for advancement of donation and transplantation science to the statewide electronic registry.

Bill Text

What changed in the latest version

159 added · 216 removed

159 line(s) added, 216 removed.

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Latest
UNOFFICIAL COPY 23 RS SB 71/EN AN ACT relating to organ donation.
CHAPTER 52 1 CHAPTER 52 ( SB 71 ) AN ACT relating to organ donation.
Page 1 of 8 SB007120.100 - 1072 - XXXX 3/15/2023 5:05 PM Engrossed UNOFFICIAL COPY 23 RS SB 71/EN (3) A person may not make an anatomical gift if, at the time of the decedent's death, a person in a prior class under subsection (1) of this section is reasonably available to make or to object to the making of an anatomical gift.
(3) A person may not make an anatomical gift if, at the time of the decedent's death, a person in a prior class under subsection (1) of this section is reasonably available to make or to object to the making of an anatomical gift.
(b) If the part is tissue and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate tissue bank;
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (b) If the part is tissue and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate tissue bank;
(c) If the part is an organ and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate organ procurement organization as Page 2 of 8 SB007120.100 - 1072 - XXXX 3/15/2023 5:05 PM Engrossed UNOFFICIAL COPY 23 RS SB 71/EN custodian of the organ;
(c) If the part is an organ and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate organ procurement organization as custodian of the organ;
(b) If the part is tissue, the gift passes to the appropriate tissue bank, except that a tissue bank shall not receive an ovum or sperm for the purpose of creating an Page 3 of 8 SB007120.100 - 1072 - XXXX 3/15/2023 5:05 PM Engrossed UNOFFICIAL COPY 23 RS SB 71/EN embryo to be used in therapy, research, or education;
(b) If the part is tissue, the gift passes to the appropriate tissue bank, except that a tissue bank shall not receive an ovum or sperm for the purpose of creating an embryo to be used in therapy, research, or education;
Page 4 of 8 SB007120.100 - 1072 - XXXX 3/15/2023 5:05 PM Engrossed UNOFFICIAL COPY 23 RS SB 71/EN (3) When a hospital refers an individual at or near death to a procurement organization, the organization may conduct any reasonable standard medical evaluation or examination [of records ]necessary to ensure the medical suitability of a part that is or could be the subject of an anatomical gift for transplantation, therapy, research, or education from a donor or a prospective donor.
(3) When a hospital refers an individual at or near death to a procurement organization, the organization may conduct any reasonable standard medical evaluation or examination [of records ]necessary to ensure the medical suitability of a part that is or could be the subject of an anatomical gift for transplantation, therapy, research, or education from a donor or a prospective donor.
During the examination period, from the evaluation through the recovery of a medically suitable donor's gift, measures necessary to ensure the medical suitability of the part may not be withdrawn unless the hospital or procurement organization knows that the individual expressed a contrary intent.
During the examination period, from the evaluation through the recovery of a medically suitable donor's gift, measures necessary to ensure the medical suitability of the part may not be withdrawn unless the hospital or procurement organization knows CHAPTER 52 3 that the individual expressed a contrary intent.
(7) Upon referral by a hospital under subsection (1) of this section, a procurement Page 5 of 8 SB007120.100 - 1072 - XXXX 3/15/2023 5:05 PM Engrossed UNOFFICIAL COPY 23 RS SB 71/EN organization shall make a reasonable search for any person listed in KRS 311.1925 having priority to make an anatomical gift on behalf of a prospective donor.
(7) Upon referral by a hospital under subsection (1) of this section, a procurement organization shall make a reasonable search for any person listed in KRS 311.1925 having priority to make an anatomical gift on behalf of a prospective donor.
(3) In determining whether an anatomical gift has been made, amended, or revoked Page 6 of 8 SB007120.100 - 1072 - XXXX 3/15/2023 5:05 PM Engrossed UNOFFICIAL COPY 23 RS SB 71/EN under KRS 311.1911 to 311.1959, a person may rely upon representations of an individual listed in KRS 311.1925(1)(b), (c), (d), (e), (f),[ or] (g), (h), or (i) relating to the individual's relationship to the donor or prospective donor unless the person knows that the representation is untrue.
(3) In determining whether an anatomical gift has been made, amended, or revoked under KRS 311.1911 to 311.1959, a person may rely upon representations of an individual listed in KRS 311.1925(1)(b), (c), (d), (e), (f),[ or] (g), (h), or (i) relating to the individual's relationship to the donor or prospective donor unless the person knows that the representation is untrue.
(b) Donor designation at the time of application or renewal of a state identification card;
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (b) Donor designation at the time of application or renewal of a state identification card;
and Page 7 of 8 SB007120.100 - 1072 - XXXX 3/15/2023 5:05 PM Engrossed UNOFFICIAL COPY 23 RS SB 71/EN (g) Evaluation of the effectiveness of the registry.
and (g) Evaluation of the effectiveness of the registry.
Page 8 of 8 SB007120.100 - 1072 - XXXX 3/15/2023 5:05 PM Engrossed
Signed by Governor March 22, 2023.
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Action History

  1. signed by Governor (Acts Ch. 52)

  2. delivered to Governor

  3. enrolled, signed by Speaker of the House

  4. enrolled, signed by President of the Senate

  5. passed 34 -0

  6. Senate concurred in House Floor Amendment (1)

  7. posted for passage for concurrence in House Floor Amendment (1)

  8. to Rules (S)

  9. received in Senate

  10. 3rd reading, passed 98-1 with Floor Amendment (1)

  11. posted for passage in the Regular Orders of the Day for Tuesday, March 14, 2023

  12. floor amendment (1) filed

  13. 2nd reading, to Rules

  14. reported favorably, 1st reading, to Calendar

  15. to Health Services (H)

  16. to Committee on Committees (H)

  17. received in House

  18. 3rd reading, passed 34-0 with Committee Substitute (1)

  19. posted for passage in the Regular Orders of the Day for Wednesday, February 22, 2023

  20. 2nd reading, to Rules

  21. reported favorably, 1st reading, to Calendar with Committee Substitute (1)

  22. to Health Services (S)

  23. to Committee on Committees (S)

  24. introduced in Senate

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 0 co-sponsors · 138 not signed on · 1 voted No

Sponsors (0)

None.

Co-sponsors (0)

None.

Not signed on (138)

138 members have not signed on to this bill.

Show all 138 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

FINAL PASSAGE SB 71 W/ hfa1

Passed 34 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Democrat 2000
Republican 18003
Unaffiliated 14000
Total 34003
% of votes cast 92%0%0%8%
How each member voted (37)
Member Party Vote
Smith — Yea
Southworth — Yea
Westerfield — Yea
ChambersArmstrong — Yea
Meredith — Yea
Thayer — Yea
Williams — Yea
Thomas — Yea
Wilson — Yea
Nemes — Yea
Turner — Yea
Yates — Yea
Schickel — Yea
Harper Angel — Yea
Gerald A. Neal Democrat Yea
Karen Berg Democrat Yea
Amanda Mays Bledsoe Republican Not Voting
Brandon J. Storm Republican Yea
Christian McDaniel Republican Not Voting
Danny Carroll Republican Yea
David P. Givens Republican Yea
Donald Douglas Republican Yea
Gary Boswell Republican Yea
Jared Carpenter Republican Yea
Jason Howell Republican Yea
Jimmy Higdon Republican Yea
Julie Raque Adams Republican Not Voting
Lindsey Tichenor Republican Yea
Matthew Deneen Republican Yea
Max Wise Republican Yea
Phillip Wheeler Republican Yea
Rick Girdler Republican Yea
Robby Mills Republican Yea
Robert Stivers Republican Yea
Robin L. Webb Republican Yea
Shelley Funke Frommeyer Republican Yea
Stephen West Republican Yea

Official roll call →

Pass

Passed 98 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Democrat 13100
Republican 66000
Unaffiliated 19001
Total 98101
% of votes cast 98%1%0%1%
How each member voted (100)
Member Party Vote
Meredith — Yea
Dixon — Yea
Smith — Yea
Bentley — Yea
Nemes — Yea
Palumbo — Yea
Justice — Yea
Thomas — Yea
Timoney — Yea
Pratt — Yea
Bratcher S. — Yea
Webber — Yea
Raymond — Yea
Graham — Yea
Williams — Yea
Wilson — Yea
Heath — Yea
Swann — Not Voting
Bratcher K. — Yea
Stevenson C — Yea
Al Gentry Democrat Yea
Ashley Tackett Laferty Democrat Yea
Beverly Chester-Burton Democrat Yea
Chad Aull Democrat Yea
Daniel Grossberg Democrat Yea
George Brown Jr. Democrat Yea
Keturah J. Herron Democrat Yea
Lindsey Burke Democrat Yea
Lisa Willner Democrat Yea
Nima Kulkarni Democrat Yea
Pamela Stevenson Democrat Nay
Rachel Roarx Democrat Yea
Sarah Stalker Democrat Yea
Tina Bojanowski Democrat Yea
Aaron Reed Republican Yea
Adam Bowling Republican Yea
Amy Neighbors Republican Yea
Bill Wesley Republican Yea
Bobby McCool Republican Yea
Candy Massaroni Republican Yea
Chris Freeland Republican Yea
Chris Fugate Republican Yea
DJ Johnson Republican Yea
Daniel Elliott Republican Yea
Daniel Fister Republican Yea
David Hale Republican Yea
David Meade Republican Yea
David W. Osborne Republican Yea
Deanna Gordon Republican Yea
Derek Lewis Republican Yea
Emily Callaway Republican Yea
Felicia Rabourn Republican Yea
James Tipton Republican Yea
Jared Bauman Republican Yea
Jason Petrie Republican Yea
Jennifer Decker Republican Yea
Jim Gooch Jr. Republican Yea
John Blanton Republican Yea
John Hodgson Republican Yea
Josh Branscum Republican Yea
Josh Bray Republican Yea
Josh Calloway Republican Yea
Ken Fleming Republican Yea
Ken Upchurch Republican Yea
Kevin Jackson Republican Yea
Kim Banta Republican Yea
Kim King Republican Yea
Kimberly Poore Moser Republican Yea
Marianne Proctor Republican Yea
Mark Hart Republican Yea
Mary Beth Imes Republican Yea
Matt Lockett Republican Yea
Matthew Koch Republican Yea
Michael Sarge Pollock Republican Yea
Mike Clines Republican Yea
Myron Dossett Republican Yea
Nancy Tate Republican Yea
Patrick Flannery Republican Yea
Randy Bridges Republican Yea
Rebecca Raymer Republican Yea
Richard White Republican Yea
Robert Duvall Republican Yea
Ryan Dotson Republican Yea
Samara Heavrin Republican Yea
Savannah Maddox Republican Yea
Scott Lewis Republican Yea
Scott Sharp Republican Yea
Shane Baker Republican Yea
Shawn McPherson Republican Yea
Stephanie Dietz Republican Yea
Steve Rawlings Republican Yea
Steve Riley Republican Yea
Steven Doan Republican Yea
Steven Rudy Republican Yea
Susan Witten Republican Yea
Suzanne Miles Republican Yea
T.J. Roberts Republican Yea
Thomas Huff Republican Yea
Timmy Truett Republican Yea
William Lawrence Republican Yea

Official roll call →

PASS SB 71 W/ scs1

Passed 34 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 21000
Unaffiliated 12001
Democrat 1001
Total 34002
% of votes cast 94%0%0%6%
How each member voted (36)
Member Party Vote
Schickel — Yea
Southworth — Yea
Westerfield — Yea
Meredith — Yea
Thayer — Yea
Williams — Yea
Thomas — Yea
Wilson — Yea
Nemes — Yea
Turner — Yea
Yates — Yea
Smith — Not Voting
Harper Angel — Yea
Gerald A. Neal Democrat Yea
Karen Berg Democrat Not Voting
Amanda Mays Bledsoe Republican Yea
Brandon J. Storm Republican Yea
Christian McDaniel Republican Yea
Danny Carroll Republican Yea
David P. Givens Republican Yea
Donald Douglas Republican Yea
Gary Boswell Republican Yea
Jared Carpenter Republican Yea
Jason Howell Republican Yea
Jimmy Higdon Republican Yea
Julie Raque Adams Republican Yea
Lindsey Tichenor Republican Yea
Matthew Deneen Republican Yea
Max Wise Republican Yea
Phillip Wheeler Republican Yea
Rick Girdler Republican Yea
Robby Mills Republican Yea
Robert Stivers Republican Yea
Robin L. Webb Republican Yea
Shelley Funke Frommeyer Republican Yea
Stephen West Republican Yea

Official roll call →

Subjects

healthcare health-insurance
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 71 do?
Amend KRS 311.1925 to add other related adults and hospital administrators to the hierarchy of those who can authorize an anatomical gift; amend KRS 311.1929 to add research for the advancement of donation and transplantation science as an acceptable use; amend KRS 311.1935 to specify the examination period and to allow a hospital to conduct a standard medical evaluation to ensure medical stability of a part; amend KRS 311.1943 to conform; amend KRS 311.1947 to add donation for therapy, education, and research for advancement of donation and transplantation science to the statewide electronic registry.
What is the current status of SB 71?
This bill has been enacted into law. Introduced February 07, 2023. Enacted.
Where can I track SB 71?
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