Connecticut 2022 Regular Session Status: In Committee Bipartisan · 5 D · 2 R cosponsors

SB 330 — AN ACT PROHIBITING DISCRIMINATION AGAINST PERSONS WITH A DISABILITY WHO ARE CANDIDATES TO RECEIVE AN ANATOMICAL GIFT OR ORGAN.

Last action — FILE NO. 184

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

This bill died with 2022 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

99 added · 142 removed

99 line(s) added, 142 removed.

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General Assembly Raised Bill No.
Senate General Assembly File No.
330 February Session, 2022 LCO No.
184 February Session, 2022 Substitute Senate Bill No.
2494 Referred to Committee on PUBLIC HEALTH Introduced by:
330 Senate, March 29, 2022 The Committee on Public Health reported through SEN.
(PH) AN ACT PROHIBITING DISCRIMINATION AGAINST PERSONS WITH A DISABILITY WHO ARE CANDIDATES TO RECEIVE AN ANATOMICAL GIFT.
DAUGHERTY ABRAMS of the 13th Dist., Chairperson of the Committee on the part of the Senate, that the substitute bill ought to pass.
AN ACT PROHIBITING DISCRIMINATION AGAINST PERSONS WITH A DISABILITY WHO ARE CANDIDATES TO RECEIVE AN ANATOMICAL GIFT OR ORGAN.
Section 19a-289a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(NEW) (Effective from passage) (a) As used in this section:
As used in this section, sections [19a-289a] 19a-289b to 19a-289v, inclusive, and section 2 of this act, unless the context otherwise requires:
(1) "Anatomical gift" means a donation of all or part of a human body to take effect after the donor's death for the purpose of transplantation;
(1) "Adult" means an individual who is at least eighteen years of age.
(2) "Intellectual disability" means a significant limitation in intellectual functioning existing concurrently with deficits in adaptive behavior that originated during the developmental period before eighteen years of age;
(2) "Agent" means an individual:
(3) "Mental disability" means one or more mental disorders, as defined in the most recent edition of the American Psychiatric Association's "Diagnostic and Statistical Manual of Mental Disorders";
(A)Authorizedtomakehealthcaredecisionsontheprincipal'sbehalf by a power of attorney for health care;
sSB330 / File No.
or (B)Expressly authorizedto make ananatomicalgift ontheprincipal's behalf by any other record signed by the principal.
184 1 sSB330 File No.
(3) "Anatomical gift" means a donation of all or part of a human body LCO No.
184 (4) "Organ" means all or part of a human liver, pancreas, kidney, intestine or lung;
2494 1 of 5 Raised Bill No.330 to take effect after the donor's death for the purpose of transplantation, therapy, research or education.
and (5) "Physical disability" means any chronic physical handicap, infirmity or impairment, whether congenital or resulting from bodily injury, organic processes or changes or from illness, including, but not limited to, blindness, epilepsy, deafness or being hard of hearing or reliance on a wheelchair or other remedial appliance or device.
(4) "Decedent" means a deceased individual whose body or part is or may be the source of an anatomical gift, including a stillborn infant and, subject to restrictions imposed by law other than the provisions of sections 19a-289a to 19a-289v, inclusive, a fetus.
(b) A person who is a candidate to receive an anatomical gift or an organ from a living donor for transplantation shall not be deemed ineligible to receive the anatomical gift or organ solely because of the person's physical, mental or intellectual disability, except to the extent that a physician has determined, following an evaluation of the person, that the person's physical, mental or intellectual disability is medically significant so as to contraindicate the acceptance of the anatomical gift or organ.
(5)"Disinterestedwitness"(A)meansawitnessotherthanthespouse, child, parent, sibling, grandchild, grandparent or guardian of the individual who makes, amends, revokes or refuses to make an anatomical gift, or another adult who exhibited special care and concern for the individual, and (B) does not include a person to whom an anatomical gift could pass under section 19a-289j.
(6) "Document of gift" means a donor card or other record used to make an anatomical gift, including a statement or symbol on an operator's license or identification card or inclusion in a donor registry.
(7) "Donor" means an individual whose body or part is the subject of an anatomical gift.
(8) "Donor registry" means the state donor registry maintained pursuant to the provisions of section 14-42a and includes any other database that identifies donors and conforms with the provisions of section 19a-289s.
(9)"Eyebank"meansapersonthatislicensed,accreditedorregulated under federal or state law to engage in the recovery, screening, testing, processing, storage or distribution of human eyes or portions of human eyes.
(10) "Guardian" (A) means a person appointed by a court to make decisions regarding the support, care, education, health or welfare of an individual, and (B) does not include a guardian ad litem.
(11) "Hospital" means a facility licensed as a hospital under chapter 368v or the law of any other state or a facility operated as a hospital by LCO No.
2494 2 of 5 Raised Bill No.330 the United States, a state or a subdivision of a state.
(12) "Identification card" means an identification card issued by the Department of Motor Vehicles.
(13) "Knows" or "knowingly" means to have actual knowledge.
(14) "Minor" means an individual who is under eighteen years of age.
(15) "Operator's license" means a license or permit issued by the Department of Motor Vehicles to operate a vehicle, whether or not conditions are attached to such license or permit.
(16) "Organ procurement organization" means a person designated by the Secretary of the United States Department of Health and Human Services as an organ procurement organization.
(17) "Parent" means a parent whose parental rights have not been terminated.
(18)"Part"(A) meansanorgan,aneye ortissue ofa human being, and (B) does not include the whole body.
(19) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
(20) "Physician" means an individual authorized to practice medicine or osteopathy under chapter 370 or the law of any other state.
(21) "Procurement organization" means a person licensed, accredited or approved under federal laws or the laws of any state, as a nonprofit organ procurement organization, eye or tissue bank.
(22) "Prospective donor" means an individual, except for an individual who has made a refusal, who is dead or near death and has been determined by a procurement organization to have a part that could be medically suitable for transplantation, therapy, research or LCO No.
2494 3 of 5 Raised Bill No.330 education.
(23) "Reasonably available" means able to be contacted by a procurement organization without undue effort and willing and able to act in a timely manner consistent with existing medical criteria necessary for the making of an anatomical gift.
(24) "Recipient" means an individual into whose body a decedent's part has been or is intended to be transplanted.
(25) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(26) "Refusal" means a record created under section 19a-289f that expressly states an intent to bar other persons from making an anatomical gift of an individual's body or part.
(27) "Sign" means, with the present intent to authenticate or adopt a record:
(A) To execute or adopt a tangible symbol;
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or (B) To attach to or logically associate with the record an electronic symbol, sound or process.
(28) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
(29) "Technician" means an individual, including an enucleator, determined to be qualified to remove or process parts by an appropriate organization that is licensed, accredited or regulated under federal or state law.
(30) "Tissue" means a portion of the human body other than an organ or an eye, and excludes blood unless such blood is donated for the purpose of research or education.
LCO No.
2494 4 of 5 Raised Bill No.
330 (31) "Tissue bank" means a person that is licensed, accredited or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage or distribution of tissue.
(32) "Transplant hospital" means a hospital that furnishes organ transplants and other medical and surgical specialty services required for the care of transplant patients.
Sec.
2.
(NEW) (Effective from passage) (a) A person who is a candidate to receive an anatomical gift shall not be deemed ineligible to receive an anatomical gift solely because of the person's physical or mental disability, except to the extent that a physician has determined, following an evaluation of the person, that the person's physical or mental disability is medically significant so as to contraindicate the acceptance of the anatomical gift.
(b) Nothing in this section shall be construed to require a physician to make a referral or recommendation for, or perform a medically inappropriate transplant.
(c) Nothing in this section shall be construed to require a physician to make a referral or recommendation for, or perform a medically inappropriate transplant of an anatomical gift or organ.
Section 1 from passage 19a-289a Sec.
Section 1 from passage New section PH Joint Favorable Subst.
2 from passage New section Statement of Purpose:
sSB330 / File No.
To prohibit discrimination against persons with a disability who are candidates to receive an anatomical gift.
184 2 sSB330 File No.
[Proposed deletions are enclosed in brackets.
184 The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose.
Proposed additions are indicated by underline, except underlined.]e entire text of a bill or resolution or a section of a bill or resolution is new, it is not LCO No.
In general, fiscal impacts are based upon a variety of informational sources, including the analyst’s professional knowledge.
2494 5 of 5
Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.
OFA Fiscal Note State Impact:
None Municipal Impact:
None Explanation The bill, which prohibits deeming someone ineligible to receive an organ transplant solely because of his or her physical, mental, or intellectual disability, is not anticipated to result in a fiscal impact to the state or municipalities.
The Out Years The annualized ongoing fiscal impact identified above would continue into the future subject to inflation.
sSB330 / File No.
184 3 sSB330 File No.
184 OLR Bill Analysis sSB 330 AN ACT PROHIBITING DISCRIMINATION AGAINST PERSONS WITH A DISABILITY WHO ARE CANDIDATES TO RECEIVE AN ANATOMICAL GIFT OR ORGAN.
SUMMARY Thisbillgenerally prohibitsdeeming someone ineligibleto receive an anatomical gift, or organ from a living donor, for transplantation solely because of his or her physical, mental, or intellectual disability.
The bill provides an exception if a physician determines, after evaluating the person, that his or her disability medically contraindicates the acceptance of the anatomical gift or organ.
Under the bill, if a person has the necessary support to help him or her comply with post-transplant medical requirements, then the person’s inability to comply without assistance cannot be determined “medically significant” to make the person ineligible for a transplant.
The bill specifies that (1) the above provisions apply to each part of the transplant process and (2) it does not require a physician to make a referral or recommendation for, or perform a medically inappropriate transplant of, an anatomical gift or organ.
Under the bill, an “anatomical gift” is the donation of all or part of a human body to take effect after the donor’s death for transplantation purposes.
An “organ” is all or part ofthe human liver, pancreas, kidney, intestine, or lung.
EFFECTIVE DATE:
Upon passage COMMITTEE ACTION Public Health Committee Joint Favorable Substitute Yea 31 Nay 0 (03/16/2022) sSB330 / File No.
184 4
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Action History

  1. FILE NO. 184

  2. SENATE CALENDAR NUMBER 155

  3. FAV. RPT., TAB. FOR CAL., SEN.

  4. RPTD. OUT OF LCO

  5. REFERRED TO Office of Legislative Research AND Office of Fiscal Analysis 03/28/22

  6. FILED WITH LCO

  7. Joint Favorable Substitute

  8. PUBLIC HEARING 0314

  9. REF. TO JOINT COMM. ON Public Health

Sponsors

Sponsorship breakdown

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13 sponsors · 0 co-sponsors · 174 not signed on

Sponsors (13)

Co-sponsors (0)

None.

Not signed on (174)

174 members have not signed on to this bill.

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"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.

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civil-rights healthcare
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Frequently asked questions

Who sponsors SB 330?
SB 330 is sponsored by Mccarty, K., Petit, William A., Smith, Brian T., Currey, Jeff, Ronald A. Napoli (Democratic), Michael DiGiovancarlo (Democratic), Saud Anwar (Democratic), Catherine A. Osten (Democratic), Heather S. Somers (Republican), Greg S. Howard (Republican), Winkler, Michael A., Jaime S. Foster (Democratic), and Haskell, Will.
What is the current status of SB 330?
This bill died with 2022 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 330?
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