KentuckyHB 5102026 Regular SessionHouseWALLET

AN ACT relating to organ donation safety.

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 3 benefits, 0 costs, 1 mixed.

Pause means stop and full reassess

When a pause starts, all donation recovery, preservation, and procurement stops. The hospital team must fully reassess the patient’s brain and body status. Donation can restart only after a hospital physician confirms a proper brain‑death or circulatory‑death determination. The patient cannot be denied comfort care, food, water, or life‑sustaining treatment just to help donation. The hospital and doctor must record the pause, what triggered it, the recheck results, and the final decisions.

Penalties and duty to report violations

If hospitals or donation teams break these rules, the state can report them to licensing bodies, suspend donation activities in Kentucky, or issue civil fines. Health care professionals and hospital employees who know of a failure to follow the pause rules must report it to the Cabinet right away.

Anyone can pause organ donation

During organ donation after brain or circulatory death, anyone involved or present can call a pause. A pause must start if there is a change in neurological status, any sign of life, or doubt about the death assessment. Hospitals and teams must honor the pause. No one can be punished for asking for a pause.

Report pauses and yearly state review

All pauses must be reported to the correct federal oversight body under federal law or HRSA direction. A copy of each report and any follow‑up goes to Kentucky’s Cabinet for Health and Family Services. By October 1, 2026, and every October 1 after that, the Cabinet reports pause cases, results, and any HRSA corrective actions to the legislature. The Cabinet also writes rules to carry out and enforce these requirements.

Sponsors & Cosponsors

Sponsor

Jason Nemes
Republican • House

Cosponsors

Daniel Elliott
Republican • House
Emily Callaway
Republican • House
Felicia Rabourn
Republican • House
Jennifer Decker
Republican • House
Marianne Proctor
Republican • House
Nancy Tate
Republican • House
T.J. Roberts
Republican • House

Roll Call Votes

All Roll Calls

Yes: 135 • No: 0

Senate vote • 3/25/2026

3rd reading, passed

Yes: 38 • No: 0

House vote • 2/25/2026