House Health Services Committee advances bill to require pause and reassessment in organ recovery

FRANKFORT — The House Standing Committee on Health Services voted favorably on House Bill 510, a proposal that would add a statutory pause and reassessment step to organ-recovery procedures when a provider, procurement staff or patient representative observes a concerning change in neurological status or other indication of life.

"At its core, HB 510 creates a new section of Kentucky law to establish clear enforceable protocols for organ donation procedures," sponsor Rep. Jason Nemes said in testimony, saying the measure defines terms including death declaration, donation after circulatory death and indications of life. "This pause allows physicians to ensure through standard clinical reassessment that death has been appropriately determined and that it is safe and ethical to proceed with organ recovery."

Supporters told the committee the bill is intended to protect donors and preserve public confidence in the donation system. "We believe that every life is a gift," Adia Wichner, executive director of Kentucky Ride to Life, said. Wichner urged the committee to view the bill as both a safeguard for patients and a means to sustain trust in donation programs. Barry Massa, introduced as CEO of Network for Hope, said the organization already uses procedures like those in the bill and testified the measure would help "rebuild public trust in the organ, tissue and eye donation system."

The bill sponsor said HB 510 begins by defining key terms so that physicians, nurses and transplant teams use a common set of medical and legal definitions. A central feature is a mandatory suspension of organ recovery whenever a concerned party observes a change raising reasonable doubt about the prior death determination; the pause requires a comprehensive reassessment before recovery resumes. The sponsor also said the bill includes protections for individuals who raise concerns during donation.

After brief testimony and no substantive committee questions recorded in the transcript, members moved and seconded the bill and the clerk conducted a roll call. The transcript records a unanimous favorable vote as announced by the chair; the chair stated, "House Bill 510 passes with favorable expressions. Same should pass on the House floor." Recorded yes/aye responses in the roll call on the committee record included Representatives Bratcher, Burke, Callaway, Camule, Dodson, Fleming, Gordon, Holloway, Marzion, Neighbors, Proctor, Rayburn, Riley, Sharp, Vice Chair Duvall, Ranking Member Wilner and the chair. Two members (Representative Bray and Representative Raymer) did not have recorded responses in the transcript roll call.

The committee scheduled its next meeting for Thursday, Feb. 26, at noon in the same room and adjourned. The bill will now proceed toward consideration on the full House floor.