BILL NUMBER: AB 2565	CHAPTERED
	BILL TEXT

	CHAPTER  465
	FILED WITH SECRETARY OF STATE  SEPTEMBER 27, 2008
	APPROVED BY GOVERNOR  SEPTEMBER 27, 2008
	PASSED THE SENATE  AUGUST 12, 2008
	PASSED THE ASSEMBLY  AUGUST 13, 2008
	AMENDED IN SENATE  AUGUST 4, 2008
	AMENDED IN SENATE  JULY 2, 2008
	AMENDED IN SENATE  JUNE 24, 2008
	AMENDED IN ASSEMBLY  MAY 23, 2008
	AMENDED IN ASSEMBLY  APRIL 22, 2008
	AMENDED IN ASSEMBLY  APRIL 3, 2008

INTRODUCED BY   Assembly Member Eng

                        FEBRUARY 22, 2008

   An act to add Section 1254.4 to the Health and Safety Code,
relating to health facilities.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2565, Eng. Hospitals: brain death.
    Existing law, the Uniform Determination of Death Act, defines a
person as being "dead" to include when an individual has sustained
irreversible cessation of all functions of the entire brain,
including the brain stem. Existing law requires a determination of
death to be made in accordance with accepted medical standards.
   Existing law, administered by the State Department of Public
Health, provides for the licensure and regulation of health
facilities, including general acute care hospitals. A violation of
the provisions regulating health facilities is a crime.
   This bill would require a general acute care hospital to adopt a
policy for providing a family or next of kin with a reasonably brief
period of accommodation, as defined, from the time that a patient is
declared dead by reason of irreversible cessation of all functions of
the entire brain, including the brain stem, in accordance with a
provision of existing law, through discontinuation of cardiopulmonary
support for the patient. The bill would also require the hospital to
provide the patient's legally recognized health care decisionmaker,
if any, or the patient's family or the next of kin, if available,
with a written statement of the policy developed pursuant to these
provisions, as soon as possible when the potential for brain death is
imminent. The bill would require the hospital, if the patient's
legally recognized health care decisionmaker, or next of kin voices
any special religious or cultural practices or concerns of the
patient or the patient's family surrounding the issue of death by
reason of irreversible cessation of all functions of the entire brain
of the patient, to make reasonable efforts, as described, to
accommodate those special religious or cultural practices and
concerns. By creating a new crime, the bill would impose a
state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1254.4 is added to the Health and Safety Code,
to read:
   1254.4.  (a) A general acute care hospital shall adopt a policy
for providing family or next of kin with a reasonably brief period of
accommodation, as described in subdivision (b), from the time that a
patient is declared dead by reason of irreversible cessation of all
functions of the entire brain, including the brain stem, in
accordance with Section 7180, through discontinuation of
cardiopulmonary support for the patient. During this reasonably brief
period of accommodation, a hospital is required to continue only
previously ordered cardiopulmonary support. No other medical
intervention is required.
   (b) For purposes of this section, a "reasonably brief period"
means an amount of time afforded to gather family or next of kin at
the patient's bedside.
   (c) (1) A hospital subject to this section shall provide the
patient's legally recognized health care decisionmaker, if any, or
the patient's family or next of kin, if available, with a written
statement of the policy described in subdivision (a), upon request,
but no later than shortly after the treating physician has determined
that the potential for brain death is imminent.
   (2) If the patient's legally recognized health care decisionmaker,
family, or next of kin voices any special religious or cultural
practices and concerns of the patient or the patient's family
surrounding the issue of death by reason of irreversible cessation of
all functions of the entire brain of the patient, the hospital shall
make reasonable efforts to accommodate those religious and cultural
practices and concerns.
   (d) For purposes of this section, in determining what is
reasonable, a hospital shall consider the needs of other patients and
prospective patients in urgent need of care.
   (e) There shall be no private right of action to sue pursuant to
this section.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.