BILL NUMBER: SB 102	CHAPTERED
	BILL TEXT

	CHAPTER  88
	FILED WITH SECRETARY OF STATE  JULY 20, 2007
	APPROVED BY GOVERNOR  JULY 20, 2007
	PASSED THE SENATE  JULY 9, 2007
	PASSED THE ASSEMBLY  JULY 3, 2007
	AMENDED IN ASSEMBLY  JUNE 7, 2007
	AMENDED IN SENATE  APRIL 12, 2007
	AMENDED IN SENATE  MARCH 29, 2007
	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, 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 would also include a doctor of podiatric medicine within
the scope of these requirements. It would require the information to
be given by the physician or doctor of podiatric medicine, directly
or through a nurse practitioner, certified nurse midwife, or
physician assistant, authorized to order a blood transfusion.


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 physician and surgeon or doctor of podiatric
medicine, that a blood transfusion may be necessary as a result of a
medical or surgical procedure, the physician and surgeon or doctor of
podiatric medicine, 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
through a nurse practitioner, certified nurse midwife, or a physician
assistant, who is licensed in the state and authorized to order a
blood transfusion, 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 person who provided the patient with the standardized
written summary pursuant to subdivision (a) shall note on the patient'
s medical record that the standardized written summary 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 physician and surgeon or doctor of
podiatric medicine 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 physician and surgeon or doctor of podiatric medicine
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 physicians and surgeons and doctors of podiatric
medicine. 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. Physicians and surgeons and doctors of podiatric medicine
shall purchase the written summary from the Medical Board of
California for, or purchase or otherwise receive the written summary
from the Web site of the board or 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 physicians and surgeons and doctors
of podiatric medicine.