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An Act To Improve the Rate of Organ and Tissue Donation by Establishing the Organ Donation Advisory Council
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §12004-G, sub-§30-E  is enacted to read:
 
30-E.     
Sec. 2. 29-A MRSA §1402-A, sub-§4, ¶B, as enacted by PL 2003, c. 394, §4 and affected by §6, is repealed.
Sec. 3. 29-A MRSA §1402-A, sub-§4, ¶D, as enacted by PL 2003, c. 394, §4 and affected by §6, is repealed.
Sec. 4.  29-A MRSA §1402-B  is enacted to read:
§ 1402-B. Organ Donation Advisory Council
 
1.  Appointment; composition; term; compensation.     The Organ Donation Advisory Council, established by Title 5, section 12004-G, subsection 30-E, referred to in this section as "the council," consists of 10 members. The Governor shall annually designate the chair of the council. The Secretary of State, a representative of a state health agency, the president of a statewide medical society, a representative of the bureau and a representative of a federally designated organ procurement organization serving the State are members of the council. Each other member is appointed by the Governor, subject to review by the joint standing committee of the Legislature having jurisdiction over health and human services matters and to confirmation by the Legislature. Five members must be persons who are experienced in the field of organ and tissue donation or transplantation, at least one of whom must be a recipient of a donated organ or tissue, at least one of whom must be a donor or a family member of a donor and at least one of whom must be a doctor experienced in organ and tissue transplantation. All appointed members are appointed for a term of 3 years, and a vacancy must be filled in the same manner as the position was originally filled for the unexpired portion of the term. An appointed member may not serve for more than 2 consecutive terms. Appointed members serve until their successors are appointed. Members serve without compensation.
 
2.  Meetings; reports.     The council shall meet at least 4 times a year and convene special meetings at the call of the chair, a majority of the members of the council or the Secretary of State. The members of the council shall elect a chair, except that the Secretary of State may not be chair. The council shall make an annual report to the Governor that must include an account of all actions taken to further organ and tissue donation and file a copy of the report to the Secretary of State, the Secretary of the Senate and the Clerk of the House of Representatives.
 
3.  Duties.     The council shall:
 
A.  Assist the Secretary of State in coordinating the efforts of all public and private agencies within the State concerned with the donation and transplantation of organs and tissues;
 
B.  Advise the Secretary of State on policy and priorities of need in the State for a comprehensive program relating to organ and tissue donation and transplantation;
 
C.  Assist the Secretary of State in developing strategies to increase donations that the council may find effective; and
 
D.  Establish numerical goals for increasing organ and tissue donation rates in the State, to include a baseline account of current organ and tissue donation rates, as well as periodic benchmarks for success. The bureau may provide monthly donor designation rates for each branch office of the bureau to assist in identifying goals.
 
SUMMARY
This bill repeals a volunteer advisory committee to provide information and advice regarding anatomical gifts and replaces it with an appointed advisory council to advise the State on improving the rate of organ and tissue donation.