RECENT CALIFORNIA Legislation

For the current status of any pending bills, visit www.leginfo.ca.gov/bilinfo.html and enter the bill number.

Assembly Bill 777: Anatomical Gifts and Medical Examiners/Coroners (Signed by Gov. Davis 2003)
Author: Bob Dutton (R-Rancho Cucamonga)

Summary:
  • Requires that, if the medical examiner or coroner is considering withholding organs of a potential donor for any reason, the medical examiner or coroner must be present during the procedure to remove those organs, except in cases where there is no known next of kin or when a person dies in the custody of a law enforcement agency. Effective January 1, 2004.

Senate Bill 617: Anatomical Gifts: Tissue Banks: Informed Consent (Signed by Gov. Davis 9/20/03)
Author: Jackie Speier (D-San Francisco/San Mateo)

Summary:
  • Requires hospitals, organ procurement organizations, and tissue banks to advise donors of their right to withhold consent for potential uses of donated tissue, including use of tissue by a for-profit tissue processor or distributor, use of skin for purposes of cosmetic or reconstructive surgery, or use of tissue for transplants outside of the United States.
  • Requires that a donor or donor’s representative be offered a copy of the completed consent form, or a written copy of the recorded telephonic consent form.
  • Authorizes a donor to bring a civil action for a violation of these provisions.
  • Requires that any person submitting an application for a license or renewal of a license to operate a tissue bank, also submit a copy of the applicant’s standard informed consent form.

Senate Bill 112: California Organ and Tissue Donor Registry (Signed by Gov. Davis 9/16/03)
Author: Jackie Speier (D-San Francisco/San Mateo)

Summary:
  • Transfers the responsibility for establishing the California Organ and Tissue Donor Registry from the California Health and Human Services Agency to a not-for-profit organization, known as the California Organ and Tissue Donation Registrar, which would establish and maintain the California Organ and Tissue Donation Registry.
  • Transfers certain related duties of the Agency to the Registrar and makes conforming changes.
  • Requires the Registrar to submit an annual written report.
  • The Registry would become the state-authorized record of individuals who have consented to be organ and tissue donors upon death.

Assembly Bill 777: Anatomical Gifts: Organs: Inquests (Signed by Gov. Davis 9/4/03)
Author: Robert Dutton (R-Rancho Cucamonga, Upland, Redlands, San Bernardino, Highland, Loma Linda, Fontana, Grand Terrace, Yucaipa, Moreno Valley, Riverside)

Summary:
  • Provides procedures for removal of organs for transplant when requested by a qualified organ procurement organization (OPO) when an anatomical gift is from a decedent whose death requires an inquest by the medical examiner or coroner.
  • Requires the medical examiner or coroner to be present during the operation to remove the organs, if the medical examiner or coroner is considering withholding one or more organs for any reason.
  • Permits the medical examiner or coroner to request a biopsy of the organs or deny removal of the organs if necessary, and allows, but does not require, the medical examiner or coroner to explain in writing the reasons for the denial and provide the explanation to the OPO.
  • Upon request of the medical examiner or coroner, requires the OPO to reimburse the medical examiner or coroner for actual costs incurred in being present during the organ recovery procedure.