Committee adopts amendment to organ-donation bill to give health-care power of attorney limited authority; family retains post-harvest rights

Representative Matt Brown (House District 55) presented an amended version of House Bill 1679 and explained why the changes were needed, recounting a recent family experience that exposed gaps between the Anatomical Gift Act and the Disposition of Remains Act.

“The amendment… simply provides that if you are a person's health care power of attorney, you do have the ability to revoke or amend a previous anatomical gift,” Brown said, describing the change as a narrower, negotiated fix that removed earlier, broader provisions. He told the committee he had been a health-care power of attorney for his father and was unable, under current law, to decline tissue donation separate from organ donation when it was appropriate for the family.

Nut graf: The committee adopted the amendment and then passed House Bill 1679 as amended. The amendment narrowed the bill by deleting an initial, broader section and replacing it with two new sections that: (1) permit a health-care power of attorney to revoke or amend an anatomical gift previously recorded on a donor’s license in specific circumstances; (2) allow next of kin to decline additional tissue harvesting or other post-donation procedures after viable organs have been recovered; and (3) require annual reporting from organ-procurement organizations to the legislature (as described by the sponsor).

Key points from the committee exchange:

- Scope of change: Brown said the amendment deleted the original bill’s first two-thirds and limited the bill to the new sections (A and B), which significantly reduced the bill’s scope.

- Timing and cutoff: A committee question asked when the family’s post-mortem rights would begin; Brown answered that the cutoff in the amended bill is two hours after the pronouncement of death, allowing organ procurement organizations (OPOs) time to contact family members.

- Reporting: The amendment reinstated reporting requirements, directing OPOs operating in the state to submit annual statistics to the legislature to improve transparency.

- Adoption and vote: Committee members moved to adopt the amendment; the amendment was adopted by voice vote. The bill as amended then received a voice vote and passed out of committee.

What the bill does and does not do: As amended, the measure does not eliminate donor designations on licenses but creates a narrow statutory pathway for a health-care power of attorney to revoke or amend an anatomical gift in defined situations. It also restores a role for next of kin to refuse further tissue donation once organs intended to save lives have been recovered and the two-hour post-pronouncement window has passed, according to sponsor remarks.

Quotes (selected):

- “This amendment simply provides that if you are a person's health care power of attorney, you do have the ability to revoke or amend a previous anatomical gift,” — Representative Matt Brown.

- “So in this bill, it is, 2 hours after they've been pronounced dead. That gives the organ procurement agency time to contact the family,” — Representative Matt Brown (clarifying question about timing).

Next steps and implementation: Sponsor statements and the adopted amendment indicate OPOs will have an annual reporting obligation; administrative rulemaking and agency processes may be required to operationalize the statute. Committeedocumentation shows the measure will proceed to the next legislative stage after the committee vote.