Kentucky Advances Organ Donation Safety Bill with ‘Pause in Procedure’ Requirement

FRANKFORT, Ky. – The Kentucky House of Representatives is considering House Bill 510 (HB 510), the Organ Donation Pause in Procedure Act, designed to enhance patient safety during organ procurement. The bill, sponsored by House Majority Whip Jason Nemes (R-33), establishes a standardized process for pausing organ donation recovery if concerns arise regarding a patient’s medical status or the accuracy of death declarations. The bill passed through the House Standing Committee on Health Services and is now headed to the full House for consideration.

What Does HB 510 Do?

HB 510 mandates an immediate suspension of all organ donation activities – recovery, preservation, and procurement – if any healthcare professional, staff member, or other individual present observes or suspects any of the following:

• A change in the patient’s neurological status.
• Any indication of life.
• Uncertainty regarding the accuracy or completeness of neurological status or death declaration assessments.

If a “pause in procedure” is initiated, a comprehensive reassessment of the patient’s neurological and physiological status is required before organ donation can resume. The bill also requires thorough documentation and reporting of any pauses initiated.

Addressing Concerns and Ensuring Patient Safety

According to Representative Nemes, the bill aims to “protect patient safety by ensuring health care professionals have clear, enforceable protocols for organ procurement.” WKYT News reports that the legislation is designed to complement existing end-of-life laws and will not interfere with federally designated organ procurement organizations or discourage ethical organ donation.

The bill comes after increased scrutiny of organ donation procedures, including investigations into cases where concerns were raised about the determination of death. Previous coverage has highlighted instances where a Kentucky nonprofit faced scrutiny for pushing forward with organ donation procedures despite signs of life, and a family’s fight for reform after a man awoke just before organ donor surgery.

Key Provisions of HB 510

• Pause Definition: A “pause in procedure” is defined as the immediate suspension of all organ donation-related activities.
• Who Can Initiate a Pause: Hospital physicians, nurses, clinical staff, organ procurement organization personnel, transplant center personnel, surgical or anesthesiology team members, and the patient’s spouse or legal representative can all initiate a pause.
• Reassessment Requirements: A comprehensive reassessment must be conducted by hospital physicians not affiliated with an organ procurement organization.
• Documentation and Reporting: All pauses must be documented in the patient’s medical record, and safety-related pauses must be reported to state and federal authorities.
• Penalties for Non-Compliance: Failure to comply with HB 510 could result in administrative actions, including civil penalties.

Support for the Bill

Kentucky Right to Life has expressed strong support for HB 510, applauding Representative Nemes and the Kentucky House for its swift passage through committee. Kentucky Right to Life states that the bill strengthens safeguards and reaffirms the importance of a clear and proper determination of death, fostering trust in the organ donation system.

“House Bill 510 is necessary as organ donation is necessary. By strengthening safeguards and reaffirming that death must be clearly and properly determined, this legislation protects both the integrity of the process and the dignity of every human life,” said Addia Wuchner, Executive Director of Kentucky Right to Life.

Implementation and Next Steps

If passed, the Cabinet for Health and Family Services will be responsible for implementing the “pause in procedure” requirements through regulations. The Cabinet will also be required to report on the implementation outcomes to the Legislative Research Commission annually, beginning in October 2026.

HB 510 now awaits consideration by the full Kentucky House of Representatives.