BILL NUMBER: SB 102	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 8, 2007

INTRODUCED BY   Senator Migden

                        JANUARY 17, 2007

   An act to amend Section 1645 of the Health and Safety Code,
relating to blood transfusions.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 102, as amended, Migden. Blood transfusions.
   Existing law requires, whenever there is a reasonable possibility,
as determined by a physician, that a blood transfusion may be
necessary as a result of a medical procedure, that the physician, by
means of a standardized written summary that is published by the
Medical Board of California and distributed upon request, inform the
patient of the positive and negative aspects of receiving autologous
blood and directed and nondirected homologous blood from volunteers.
   This bill  , instead,  would require the
information to be given  whenever there is a reasonable
possibility, as determined by a qualified health care provider, that
a blood transfusion may be necessary as a result of a medical or
surgical procedure. The bill would also require the Medical Board of
California to distribute copies of the summary to qualified health
care providers upon request   by the physician and
surgeon or by a registered nurse or physician's assistant acting
under the supervision of a physician and surgeon  .
   Vote: majority. Appropriation: no. Fiscal committee:  yes
  no  . State-mandated local program: no.


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

  SECTION 1.  Section 1645 of the Health and Safety Code is amended
to read:
   1645.  (a) Whenever there is a reasonable possibility, as
determined by a  qualified health care provider 
 physician and surgeon  , that a blood transfusion may be
necessary as a result of a medical or surgical procedure, the
 qualified health care provider   physician and
surgeon  , by means of a standardized written summary as most
recently developed or revised by the State Department of Public
Health pursuant to subdivision (e), shall inform  , either
directly or by a registered nurse or physician's assistant acting
under the supervision of a physician and surgeon,  the patient
of the positive and negative aspects of receiving autologous blood
and directed and nondirected homologous blood from volunteers. For
purposes of this section, the term "autologous blood" includes, but
is not limited to, predonation, intraoperative autologous
transfusion, plasmapheresis, and hemodilution.
   (b) The  qualified health care provider  
person who provided the patient with the standardized written summary
pursu   ant to subdivision (a)  shall note on the
patient's medical record that the standardized written summary
 described in subdivision (e)  was given to the
patient.
   (c) Subdivisions (a) and (b) shall not apply when medical
contraindications or a life-threatening emergency exists.
   (d) When there is no life-threatening emergency and there are no
medical contraindications, the  qualified health care
provider   physician and surgeon  shall allow
adequate time prior to the procedure for predonation to occur.
Notwithstanding this chapter, if a patient waives allowing adequate
time prior to the procedure for predonation to occur, a 
qualified health care provider   physician and surgeon
 shall not incur any liability for his or her failure to allow
adequate time prior to the procedure for predonation to occur.
   (e) The State Department of Public Health shall develop and
annually review, and if necessary revise, a standardized written
summary which explains the advantages, disadvantages, risks, and
descriptions of autologous blood, and directed and nondirected
homologous blood from volunteer donors. These blood options shall
include, but not be limited to, the blood options described in
subdivision (a). The summary shall be written so as to be easily
understood by a layperson.
   (f) The Medical Board of California shall publish the standardized
written summary prepared pursuant to subdivision (e) by the State
Department of Public Health and shall distribute copies thereof, upon
request, to  qualified health care providers  
physicians and surgeons  . The Medical Board of California shall
make the summary available for a fee not exceeding in the aggregate
the actual costs to the State Department of Public Health and the
Medical Board of California for developing, updating, publishing and
distributing the summary.  Qualified health care providers
  Physicians and surgeons  shall purchase the
written summary from the Medical Board of California for, or purchase
or otherwise receive the written summary from any other entity for,
distribution to their patients as specified in subdivision (a).
Clinics, health facilities, and blood collection centers may purchase
the summary if they desire.
   (g) Any entity may reproduce the written summary prepared pursuant
to subdivision (e) by the State Department of Public Health and
distribute the written summary to  qualified health care
providers.   physicians and surgeons.