(a) If a prospective donor has a declaration or advance health-care directive, and the terms of the declaration or directive and the express or implied terms of a potential anatomical gift are in conflict with regard to the administration of measures necessary to ensure the medical suitability of a body part for transplantation or therapy, the prospective donor‘s attending physician and prospective donor shall confer to resolve the conflict. If the prospective donor is incapable of resolving the conflict, an agent acting under the prospective donor’s declaration or directive, or, if none or if the agent is not reasonably available, another person authorized by law other than this chapter to make health-care decisions on behalf of the prospective donor, shall act for the donor to resolve the conflict. The conflict shall be resolved as expeditiously as possible. Information relevant to the resolution of the conflict may be obtained from the appropriate procurement organization and any other person authorized to make an anatomical gift for the prospective donor under section decedent‘s body or body part” class=”unlinked-ref” datatype=”S” sessionyear=”2019″ statecd=”HI”>327-9. Before resolution of the conflict, measures necessary to ensure the medical suitability of the body part may not be withheld or withdrawn from the prospective donor if withholding or withdrawing the measures is not contraindicated by appropriate end-of-life care.

Terms Used In Hawaii Revised Statutes 327-21

  • Agent: means an individual:

    (1) Authorized to make health care decisions on the principal's behalf by a power of attorney for health care; or

    (2) Expressly authorized to make an anatomical gift on the principal's behalf by any other record signed by the principal. See Hawaii Revised Statutes 327-2

  • Anatomical gift: means a donation of all or part of a human body to take effect after the donor's death for the purposes of transplantation, therapy, research, or education. See Hawaii Revised Statutes 327-2
  • Body part: means an eye or other organ, or tissue of a human being. See Hawaii Revised Statutes 327-2
  • Donor: The person who makes a gift.
  • Donor: means an individual whose body or body part is the subject of an anatomical gift. See Hawaii Revised Statutes 327-2
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • 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. See Hawaii Revised Statutes 327-2
  • Physician: means an individual authorized to practice medicine or osteopathy under the law of any state. See Hawaii Revised Statutes 327-2
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Procurement organization: means an eye bank, organ procurement organization, or tissue bank. See Hawaii Revised Statutes 327-2
  • Prospective donor: means an individual who is dead or near death and has been determined by a procurement organization to have a body part that could be medically suitable for transplantation, therapy, research, or education. See Hawaii Revised Statutes 327-2
  • 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. See Hawaii Revised Statutes 327-2
  • 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. See Hawaii Revised Statutes 327-2
(b) As used in this section:

“Advance health-care directive” means a record signed or authorized by a prospective donor containing the prospective donor’s direction concerning a health-care decision for the prospective donor or a power of attorney for health care.

“Declaration” means a record signed by a prospective donor specifying the circumstances under which a life support system may be withheld or withdrawn.

“Health-care decision” means any decision regarding the health care of the prospective donor.

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