An Act relative to saving lives through awareness and enactment

194th Legislature (2025-2026) Introduced by Russell Holmes

Establishes a voluntary prisoner donor program where incarcerated individuals may donate donor gifts to recipients under strict consent, medical, and ethical safeguards.

Accompanied a study order, see H5254 (under House Rule 27)

Overview

H 4049 proposes to create a prisoner donation program that would allow incarcerated individuals to voluntarily donate donor gifts (blood, tissue, bone marrow, organs, or other suitable tissues) to recipients in need. The program would be administered with strict safeguards to ensure voluntariness, medical appropriateness, and ethical standards. The Department of Correction (DOC) would coordinate non-medical aspects, including requests and transportation, while approved medical transplant centers would handle all medical components of donation.

Key Provisions

Establishment of Section 172 in Chapter 127 of the General Laws.

Definitions:

Approved medical transplant center: a certified facility meeting state/federal transplantation standards (as recognized by the United Network for Organ Sharing).
Donor gift: eligible donation such as blood, tissue, bone marrow, kidney, liver segment, or other transplantable tissue.
Incarcerated person: individual in DOC custody.

Eligibility and consent:

An incarcerated person may voluntarily donate a donor gift to a recipient of their choosing.
No monetary compensation, sentence reduction, or other incentive may be provided for the donation.
Donations must be free and voluntary, with adherence to medical ethics and standards.

Roles and responsibilities:

DOC must establish protocols for processing requests, providing transportation to/from transplant centers, and maintaining security during transport and procedures.
DOC and its medical providers must not participate in any medical aspects of the donation (evaluation, matching, surgery, post-operative care).
The approved medical transplant center conducts medical evaluations, compatibility testing, mental health assessments, determines eligibility, and provides all surgical and post-operative care.
The transplant center develops treatment plans to ensure safe recovery for both donor and recipient.

Regulation:

The state commissioner will promulgate regulations to implement and govern this section.

Who Is Affected

Incarcerated individuals who may wish to donate.

Department of Correction (administrative coordination, protocols, transportation, security).

Approved medical transplant centers (medical evaluations, surgery, postoperative care, and donor/recipient management).

Recipients in need of donor gifts.

Medical providers involved in non-medical aspects handled by DOC; medical aspects handled by transplant centers.

Implementation Timeline and Oversight

Status: Hearing scheduled for June 26, 2025 (1:00 PM–5:00 PM, Room A-2).

Legislative history: Referred to the Public Safety and Homeland Security committee on April 22, 2025; Senate concurred on April 24, 2025; introduced as House Docket No. 1756 (House No. 4049) on January 15, 2025.

Regulatory path: Commissioner to promulgate implementing regulations; eventual operationalization would depend on regulatory reviews and programming by DOC and transplant centers.

Related Information

Related bill: HD 1756 (replaces the current formulation).

Purpose aligns with life-saving aims by expanding donor opportunities while codifying strict consent and non-coercion protections.

This summary captures the bill’s core aim, the precise mechanisms it would establish, who would be affected, and the key procedural milestones and oversight.

Bill