KentuckyHB 5102026 Regular SessionHouse

AN ACT relating to organ donation safety.

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 2 benefits, 2 costs, 0 mixed.

Safety pause rules for organ donation

During organ donation after brain death or circulatory death, anyone listed in the law can call a pause. This includes doctors, nurses, transplant or organ procurement staff, the surgical or anesthesia teams, and the patient’s spouse or legal representative. All donation work must stop right away. Hospital doctors must reassess neurological function and confirm death before any donation restarts. No one can be punished for requesting a pause, and care like comfort care, nutrition, hydration, or life support cannot be withheld just to make donation easier.

Penalties for breaking organ donation rules

If hospitals or providers do not follow the pause, reporting, or record rules, the state can act. The state can report them to licensing or certification authorities, suspend donation activities in Kentucky, and issue civil fines.

Hospitals must record and report pauses

Hospitals must document any pause in the medical record, including why it happened, what was seen, and the final decision. They must report pauses to federal oversight or the entity HRSA directs and send copies to the Kentucky Cabinet for Health and Family Services. The Cabinet issues a public report by October 1, 2026, and every October 1 after that. The Cabinet also writes state rules to carry out these pause, reporting, and documentation duties.

Workers must report pause violations

If you are a health care professional or hospital employee and you know the pause rule was not followed, you must report it to the Cabinet for Health and Family Services right away.

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

3rd reading, passed

Yes: 97 • No: 0

Actions Timeline

signed by Governor (Acts Ch. 43)
4/7/2026
delivered to Governor
3/26/2026
enrolled, signed by President of the Senate
3/26/2026House
enrolled, signed by Speaker of the House
3/26/2026House
received in House
3/26/2026House
3rd reading, passed 38-0
3/25/2026Senate
passed over and retained in the Consent Orders of the Day
3/24/2026Senate
posted for passage in the Consent Orders of the Day for Tuesday, March 24 2026
3/20/2026Senate
2nd reading, to Rules as a consent bill
3/19/2026Senate
reported favorably, 1st reading, to Consent Calendar
3/18/2026Senate
to Health Services (S)
3/16/2026Senate
to Committee on Committees (S)
2/26/2026Senate
received in Senate
2/26/2026Senate
3rd reading, passed 97-0
2/25/2026House
posted for passage in the Regular Orders of the Day for Tuesday, February 24 2026
2/23/2026House
2nd reading, to Rules
2/20/2026House
reported favorably, 1st reading, to Calendar
2/19/2026House
to Health Services (H)
2/4/2026House
to Committee on Committees (H)
1/28/2026House
introduced in House
1/28/2026House

Bill Text

Current
2/25/2026
PDF
Introduced
2/25/2026
PDF

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