BILL NUMBER: AB 1487 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 2, 2010
AMENDED IN SENATE JUNE 22, 2009
AMENDED IN ASSEMBLY APRIL 2, 2009
INTRODUCED BY Assembly Member Hill
FEBRUARY 27, 2009
An act to amend Sections 4011.2 and 4025 of the Penal
Code, relating to inmate medical costs. An act to
amend Section 1644.5 of the Health and Safety Code, relating to
tissue donation, and declaring the urgency thereof, to take effect
immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 1487, as amended, Hill. Inmate medical expenses.
Tissue donation.
Existing law prohibits the transfer of any tissues, as defined,
into the body of another person by means of transplantation, unless
the donor of the tissues has been screened and found nonreactive for
evidence of infection with human immunodeficiency virus (HIV), agents
of viral hepatitis (HBV and HCV), human T lymphotrophic virus-1
(HTLV-1), and syphilis, except as provided.
Existing law requires that all donors of sperm be screened and
found nonreactive under the above provisions, except as provided.
Under existing law, a sperm donor who has tested reactive for HIV or
HTLV-1 may be used for insemination or advanced reproductive
technology for a recipient who has tested negative only after
processing to minimize the infectiousness of the sperm. The State
Department of Public Health is required to adopt regulations by
January 1, 2010, regulating facilities that perform this processing.
Existing law further requires the physician providing insemination
or advanced reproductive technologies to, among other things, inform
the recipient that the processing may not eliminate the risk of
infection, that the sperm may be tested to ensure that it is free
from HIV or HTLV-1, and about the potential adverse effects of
testing on the sperm.
This bill would also require the physician to inform the recipient
that she must provide documentation to the physician providing
insemination or advanced reproductive technology services prior to
treatment that she has established an ongoing physician relationship
with another physician to provide for her medical care during and
after completion of fertility services and about the medical
guidelines for testing after use of sperm from an HIV or HTLV
reactive donor.
Under existing law, the physician performing insemination or
advanced reproductive technology is required to provide prophylactic
treatments, followup testing, and monitoring, as specified, to the
recipient to minimize the risk of infection.
This bill would remove those requirements but would require the
physician to recommend followup testing of the recipient for HIV and
HTLV, as specified.
Existing law allows the use of sperm from a donor who has tested
reactive for HIV or HTLV-1 if the recipient has also previously been
documented with HIV or HTLV-1 and where mutual consent has been
obtained.
This bill would remove this provision. The bill would also make
all of the provisions above applicable to donors who have tested
reactive for any of the human T lymphotrophic viruses.
This bill would declare that it is to take effect immediately as
an urgency statute.
Under existing law, a sheriff, chief or director of corrections,
or a chief of police is authorized to charge a fee in the amount of
$3 for each inmate-initiated medical visit of an inmate confined in a
county or city jail who has money in his or her personal account.
Existing law authorizes the medical provider to waive the fee,
requires the medical provider to waive the fee in any
life-threatening or emergency situation, as defined, exempts followup
medical visits from the fee, and requires all moneys received
pursuant to this provision to be transferred to the county or city
general fund.
Existing law requires that the above fee be charged to the inmate'
s account at his or her respective facility and prohibits a denial of
medical care to an inmate because of a lack of funds in that
account.
This bill would increase the above fee to $6. The bill would
require that any amount collected for an inmate-initiated medical
visit in excess of $3 be placed into the county inmate welfare fund.
Existing law provides that the sheriff of each county may maintain
an inmate welfare fund to be kept in the treasury of the county into
which profit from a store operated in connection with the county
jail, 10% of all gross sales of inmate hobbycraft, and any rebates or
commissions received from a telephone company, as specified, is
required to be deposited. Existing law authorizes the sheriff to
expend money from the fund to pay for the benefit, education, and
welfare of the inmates, as well as maintenance costs, as specified,
if those funds are not needed for the welfare of the inmates.
The bill would require that the money deposited in the inmate
welfare fund pursuant to this bill be expended by the sheriff only
for the benefit and education of the inmates, as specified.
Vote: majority 2/3 . Appropriation:
no. Fiscal committee: no yes .
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1644.5 of the Health
and Safety Code is amended to read:
1644.5. (a) No tissues shall be transferred into the body of
another person by means of transplantation, unless the donor of the
tissues has been screened and found nonreactive by laboratory tests
for evidence of infection with HIV, agents of viral hepatitis (HBV
and HCV), human T lymphotrophic virus-1 (HTLV-1),
virus HTLV, and syphilis, except as provided in
subdivision (c). The department may adopt regulations requiring
additional screening tests of donors of tissues when, in the opinion
of the department, the action is necessary for the protection of the
public, donors, or recipients.
(b) Notwithstanding subdivision (a), infectious disease screening
of blood and blood products shall be carried out solely in accordance
with Article 2 (commencing with Section 1601)
1602.5) of Chapter 4.
(c) All donors of sperm shall be screened and found nonreactive as
required under subdivision (a), except in the following instances:
(1) A recipient of sperm, from a sperm donor known to the
recipient, may waive a second or other repeat testing of that donor
if the recipient is informed of the requirements for testing donors
under this section and signs a written waiver.
(2) A recipient of sperm may consent to therapeutic insemination
of sperm or use of sperm in other advanced reproductive technologies
even if the sperm donor is found reactive for hepatitis B, hepatitis
C, syphilis, HIV or HTLV-1 HTLV if the
sperm donor is the spouse of, partner of, or designated donor for
that recipient. The physician providing insemination or advanced
reproductive technology services shall advise the donor and recipient
of the potential medical risks associated with receiving sperm from
a reactive donor. The donor and the recipient shall sign a document
affirming that each comprehends the potential medical
repercussions risks of using sperm from
a reactive donor for the proposed procedure and that each consents
to it. Copies of the document shall be placed in the medical records
of the donor and the recipient.
(3) (A) Sperm whose donor has tested reactive for syphilis may be
used for the purposes of insemination or advanced reproductive
technology only after the donor has been treated for syphilis. Sperm
whose donor has tested reactive for hepatitis B may be used for the
purposes of insemination or advanced reproductive technology only
after the recipient has been vaccinated against hepatitis B.
(B) (i) Sperm whose donor has tested reactive for HIV or
HTLV-1 HTLV may be used for the purposes of
insemination or advanced reproductive technology for a recipient
testing negative for HIV or HTLV-1 HTLV
only after the donor's sperm has been effectively processed to
minimize the infectiousness of the sperm for that specific donation
and where informed and mutual consent has occurred.
(ii) The Not later than January 1, 2010,
the department shall adopt regulations by January 1,
2010, regulating facilities that perform sperm processing,
pursuant to this subparagraph, that prescribe standards for the
handling and storage of sperm samples of carriers of HIV,
HTLV-1 HTLV , or any other virus as deemed
appropriate by the department. The department may propose to
adopt, as initial regulations, guidelines made by the American
Society for Reproductive Medicine. Notice of the department's
proposed adoption of the regulations shall be posted on the
department's Internet Web site for at least 45 days. Public comment
shall be accepted by the department for at least 30 days after
posting of the notice. If a member of the public requests a public
hearing during the 30-day comment period, the hearing shall be held
prior to the adoption of the regulations. Comments received shall be
considered prior to the adoption of the final initial regulations.
The department may modify any guidance published by the American
Society for Reproductive Medicine based on the comments received.
Adoption of initial regulations by the department pursuant to this
subdivision shall not be subject to the rulemaking
requirements of Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code and written
responses to public comments shall not be required. Updates to the
regulations shall be adopted pursuant to the same process.
Until the department adopts these regulations, facilities that
perform sperm processing pursuant to this section shall
follow facility and sperm processing guidelines for the
reduction of viral transmission developed by the American
Society of Reproductive Medicine. for
Reproductive Medicine. Nothing in this section shall
prevent the department from monitoring and inspecting facilities that
process sperm to ensure adherence to the regulations, or, until
regulations are adopted, to the guidelines set forth by the American
Society for Reproductive Medicine.
(iii) Prior to insemination or other advanced reproductive
technology services, the physician providing the services
shall inform the recipient of sperm from a donor who has tested
reactive for HIV or HTLV-1 that sperm processing may not
eliminate all risks of HIV or HTLV-1 transmission, and that the sperm
may be tested to determine whether or not it is free of HIV or
HTLV-1. The physician shall also inform the recipient of potential
adverse effects the testing may have on the processed sperm.
HTLV of all of the following:
(I) That sperm processing may not eliminate all of the risks of
HIV or HTLV transmission.
(II) That the sperm may be tested to determine whether or not it
is reactive for HIV or HTLV.
(III) That the recipient must provide documentation to the
physician providing insemination or advanced reproductive technology
services prior to treatment that she has established an ongoing
relationship with another physician to provide for her medical care
during and after completion of fertility services.
(IV) The medical guidelines of the American Society for
Reproductive Medicine regarding followup testing for HIV and HTLV
after use of sperm from an HIV or HTLV reactive donor and that
recommendations regarding followup testing will be documented in the
recipient's medical record.
(iv) The physician providing insemination or advanced reproductive
technology services shall provide, as appropriate,
prophylactic treatments, including, but not limited to,
antiretroviral treatments, to the recipient to reduce the risk of
acquiring infection during, and subsequent to, insemination or
advanced reproductive technology. The physician providing advanced
reproductive technology services shall also verify, and
document in the recipient's medical record, that the donor of sperm
who tests reactive for HIV or HTLV-1 HTLV
is under the care of a physician managing the HIV or
HTLV-l to minimize the risk of transmission during the course of
insemination or advanced reproductive technology services. The
physician shall perform appropriate followup testing of the recipient
for HIV or HTLV-1 following the insemination or other advanced
reproductive technology, and recommend ongoing monitoring by a
physician during treatment and pregnancy. The physician shall also
recommend in the sperm recipient's medical record that the recipient
be monitored during treatment and pregnancy HTLV
.
(v) The physician providing insemination or advanced reproductive
technology services shall recommend to the physician who will be
providing ongoing care to the recipient recommended followup testing
for HIV and HTLV according to the medical guidelines of the American
Society for Reproductive Medicine, which shall be documented in the
recipient's medical record.
(v)
(vi) In the event that the recipient tests
reactive for HIV or HTLV-1 following insemination or other advanced
reproductive technology, the physician shall inform the recipient of
appropriate treatments during and after pregnancy, and of treatments
or procedures that may reduce the risk of transmission to the
offspring becomes HIV or HTLV positive, the physician
assuming ongoing care of the recipient shall treat or provide
information regarding referral to a physician who can provide ongoing
treatment of the HIV or HTLV .
(vi) Sperm whose donor has tested reactive for HIV or HTLV-1 may
be used for the purposes of insemination or advanced reproductive
technology if the recipient already has been previously documented
with HIV or HTLV-1 infection, and where informed and mutual consent
has occurred.
(4) The penalties of Section 1621.5 shall not apply to a sperm
donor covered under this subdivision.
(d) Subdivision (a) shall not apply to the transplantation of
tissue from a donor who has not been tested or, with the exception of
HIV and HTLV-1 HTLV , has been found
reactive for the infectious diseases listed in subdivision (a) or for
which the department has, by regulation, required additional
screening tests, if both of the following conditions are satisfied:
(1) The physician and surgeon performing the transplantation has
determined any one or more of the following:
(A) Without the transplantation the intended recipient will most
likely die during the period of time necessary to obtain other tissue
or to conduct the required tests.
(B) The intended recipient already is diagnosed with the
infectious disease for which the donor has tested positive.
(C) The symptoms from the infectious disease for which the donor
has tested positive will most likely not appear during the intended
recipient's likely lifespan after transplantation with the tissue or
may be treated prophylactically if they do appear.
(2) Consent for the use of the tissue has been obtained from the
recipient, if possible, or if not possible, from a member of the
recipient's family, or the recipient's legal guardian. For purposes
of this section, "family" shall mean spouse, adult son or daughter,
either parent, adult brother or sister, or grandparent.
(e) Human breast milk from donors who test reactive for agents of
viral hepatitis (HBV and HCV), human T lymphotrophic virus-1
(HTLV-1) HTLV , HIV, or syphilis shall not be
used for deposit into a milk bank for human ingestion in California.
SEC. 2. This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
To help prevent the spread of HIV, at the earliest possible time,
it is necessary that this legislation take immediate effect.
SECTION 1. Section 4011.2 of the Penal Code is
amended to read:
4011.2. (a) Notwithstanding Section 4011.1, a sheriff, chief or
director of corrections, or chief of police is authorized to charge a
fee in the amount of six dollars ($6) for each inmate-initiated
medical visit of an inmate confined in a county or city jail.
(b) The fee shall be charged to the inmate's personal account at
the facility. If the inmate has no money in his or her personal
account, there shall be no charge for the medical visit.
(c) An inmate shall not be denied medical care because of a lack
of funds in his or her personal account at the facility.
(d) The medical provider may waive the fee for any
inmate-initiated treatment and shall waive the fee in any
life-threatening or emergency situation, defined as those health
services required for alleviation of severe pain or for immediate
diagnosis and treatment of unforeseen medical conditions that if not
immediately diagnosed and treated could lead to disability or death.
(e) Followup medical visits at the direction of the medical staff
shall not be charged to the inmate.
(f) Moneys received by a sheriff, chief or director of
corrections, or chief of police pursuant to this section shall be
distributed as follows:
(1) The first three dollars ($3) collected for an inmate-initiated
medical visit shall be transferred to the county or city general
fund.
(2) Any amount over three dollars ($3) collected for an
inmate-initiated medical visit shall be placed into the inmate
welfare fund created pursuant to Section 4025.
SEC. 2. Section 4025 of the Penal Code is
amended to read:
4025. (a) The sheriff of each county may establish, maintain and
operate a store in connection with the county jail and for this
purpose may purchase confectionery, tobacco and tobacco users'
supplies, postage and writing materials, and toilet articles and
supplies and sell these goods, articles, and supplies for cash to
inmates in the jail.
(b) The sale prices of the articles offered for sale at the store
shall be fixed by the sheriff. Any profit shall be deposited in an
inmate welfare fund to be kept in the treasury of the county.
(c) There shall also be deposited in the inmate welfare fund 10
percent of all gross sales of inmate hobbycraft.
(d) There shall be deposited in the inmate welfare fund any money,
refund, rebate, or commission received from a telephone company or
pay telephone provider when the money, refund, rebate, or commission
is attributable to the use of pay telephones which are primarily used
by inmates while incarcerated.
(e) The money and property deposited in the inmate welfare fund
shall be expended by the sheriff primarily for the benefit,
education, and welfare of the inmates confined within the jail. Any
funds that are not needed for the welfare of the inmates may be
expended for the maintenance of county jail facilities. Maintenance
of county jail facilities may include, but is not limited to, the
salary and benefits of personnel used in the programs to benefit the
inmates, including, but not limited to, education, drug and alcohol
treatment, welfare, library, accounting, and other programs deemed
appropriate by the sheriff. Inmate welfare funds shall not be used to
pay required county expenses of confining inmates in a local
detention system, such as meals, clothing, housing, or medical
services or expenses, except that inmate welfare funds may be used to
augment those required county expenses as determined by the sheriff
to be in the best interests of inmates. An itemized report of these
expenditures shall be submitted annually to the board of supervisors.
(f) Notwithstanding any other provision in this section, the money
deposited into the inmate welfare fund pursuant to Section 4011.2
shall be expended by the sheriff only for the benefit and education
of the inmates confined within the jail. These services and programs
may include education, drug and alcohol treatment, library, and other
service oriented or educational programs deemed appropriate by the
sheriff, including reentry assistance services pursuant to Section
4025.5.
(g) The operation of a store within any other county adult
detention facility which is not under the jurisdiction of the sheriff
shall be governed by the provisions of this section, except that the
board of supervisors shall designate the proper county official to
exercise the duties otherwise allocated in this section to the
sheriff.
(h) The operation of a store within any city adult detention
facility shall be governed by the provisions of this section, except
that city officials shall assume the respective duties otherwise
outlined in this section for county officials.
(i) The treasurer may, pursuant to Article 1 (commencing with
Section 53600), or Article 2 (commencing with Section 53630) of
Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code,
deposit, invest, or reinvest any part of the inmate welfare fund, in
excess of that which the treasurer deems necessary for immediate use.
The interest or increment accruing on these funds shall be deposited
in the inmate welfare fund.
(j) The sheriff may expend money from the inmate welfare fund to
provide indigent inmates, prior to release from the county jail or
any other adult detention facility under the jurisdiction of the
sheriff, with essential clothing and transportation expenses within
the county or, at the discretion of the sheriff, transportation to
the inmate's county of residence, if the county is within the state
or within 500 miles from the county of incarceration. This
subdivision does not authorize expenditure of money from the inmate
welfare fund for the transfer of any inmate to the custody of any
other law enforcement official or jurisdiction.