BILL ANALYSIS                                                                                                                                                                                                    






           SENATE TRANSPORTATION & HOUSING COMMITTEE       BILL NO: SB 1395
          SENATOR ALAN LOWENTHAL, CHAIRMAN               AUTHOR:  alquist
                                                         VERSION: 4/5/10
          Analysis by: Carrie Cornwell                   FISCAL:  yes
          Hearing date: April 13, 2010







          SUBJECT:

          Organ and tissue donation

          DESCRIPTION:

          This bill requires that a person applying for or renewing a  
          California Driver's License or identification card indicate  
          whether or not he or she will be an organ donor, and it also  
          authorizes creation of a living donor registry to sign up kidney  
          donors.

          ANALYSIS:

          Existing law authorizes California's federally-designated organ  
          procurement organizations (OPOs) to establish a not-for-profit  
          organization to be designated the California Organ and Tissue  
          Donation Registrar (registrar). The OPOs established Donate Life  
          California as the registrar, and Donate Life California  
          established and maintains the California Organ and Tissue Donor  
          Registry (registry).

          Under current law, DMV must ask all applicants for original or  
          renewal drivers' licenses or identification cards if they want  
          to become organ and tissue donors. On the front of the  
          application, DMV provides space to give consent to be an organ  
          and tissue donor upon death. The application includes a  
          statement on the back explaining that this consent is legally  
          binding for those 18 and older and that minors require consent  
          from a parent or guardian.  An applicant need not answer in order  
          to receive a driver's license or identification card  .  
           
          DMV prints the word "DONOR" inside a pink dot embedded on the  
          face of the driver's license or identification card of each  




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          person who signs up and transmits the person's information to  
          Donate Life California.

          A person who applies for a driver's license or identification  
          card may also designate a voluntary contribution of $2 to  
          support organ and tissue donation. DMV collects these  
          contributions, from which it deducts its actual administrative  
          costs of signing up donors, and then DMV transmits the remainder  
          to support the work of Donate Life California.




           This bill  :

          1.Requires an applicant for a driver's license or identification  
            card to check yes or no as to whether to add his or her name  
            to the organ donor registry. An applicant must answer this  
            question in order to receive or renew his or her driver's  
            license or identification card.

          2.Requires DMV to update its driver's license and identification  
            card applications to include yes or no check boxes  
            specifically stating "Yes, add my name to the donor registry"  
            or "I do not wish to register at this time." DMV  shall also  
            provide a prescribed explanation on the application of what  
            checking yes means and information on how to remove one's name  
            from the registry later by contacting Donate Life.

          3.Rewrites the information that DMV shall provide on the back of  
            the driver's license or identification card application to  
            clarify that if the applicant is 18 or older, he or she has  
            actually signed up by checking yes on the front of the  
            application and to provide more information about what being a  
            donor means.

          4.Requires DMV to report annually for four years, plus provide  
            quarterly updates, to Donate Life California and the  
            appropriate policy and fiscal committees of the Legislature  
            information on funds collected through the voluntary  
            contributions as well as a summary of applicants, including  
            non-identifiable information on gender, zip code, year of  
            birth, and method of application (field office, online, or  
            mail). 

          5.Authorizes the OPOs to create the Altruistic Living Donor  




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            Registrar, which shall establish and maintain the Altruistic  
            Living Donor Registry for persons who would like to identify  
            themselves as kidney donors during their lifetimes. This  
            registrar:

                 Shall use information in the registry to expedite  
               matches between donors and potential recipients.

                 May receive voluntary contributions to support the  
               registry and other activities.

                 Shall collect and make available to the public  
               information on the number of donors on the registry,  
               changes in the numbers of donors, and general donor  
               characteristics.

                 May expand the registry to include living donors of  
               organs and tissues other than kidneys if it can make a  
               finding that these types of donations are generally safe,  
               without significant risk of complications, and would not  
               adversely affect the health of the donor.
          
          COMMENTS:

           1.Purpose  . Currently over 21,000 California residents are  
            waiting for organ transplants. It is estimated that one-third  
            of these people will die before they are able to receive the  
            donations that they need. Of those, over 17,000 are waiting  
            for a kidney transplant, and the waiting list continues to  
            grow.

            This bill alters the process of applying for a new or renewal  
            driver's license or identification card so that one must  
            either enroll with the Donate Life California Organ and Tissue  
            Donor Registry or decline to enroll. The author asserts that  
            this change will increase the chances that a person will add  
            him or herself to the registry.

            The bill further requires that DMV report annually with  
            quarterly updates on the funds collected through voluntary  
            contributions as well as a summary of information about  
            applicants who consent to be organ donors. With this  
            information, the organ donation community will know better the  
            revenues it will receive and will be able to improve its  
            donor-sign up outreach efforts.





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           2.Recent amendments  . Recent amendments added Section 1 to this  
            bill (described above in #5), which authorizes the creation of  
            a registry for living donors. The subject matter of Section 1  
            of this bill is properly within in the jurisdiction of the  
            Senate Health Committee and beyond the purview of this  
            committee. This analysis, therefore, addresses primarily  
            Section 2 of the bill relating to the existing donor sign up  
            and funding program at DMV. Should this bill pass this  
            committee, the motion should be to pass the bill and re-refer  
            it to the Senate Rules Committee, so that it may then be  
            re-referred to the Health Committee for consideration of the  
            creation of a living donor registration and matching process.
           
          3.Background  . SB 108 (Speier), Chapter 740, Statutes of 2001  
            authorized the establishment of an Organ and Tissue Donor  
            Registry in the California Health and Human Services Agency.  
            The agency never received funding for the registry, and in  
            2003, SB 112 (Speier), Chapter 405, transferred responsibility  
            for establishing the registry to a private, nonprofit  
            organization administered by the four federally-designated  
            OPOs. The four federally-designated OPOs are:

                 California Transplant Donor Network, which serves 39  
               counties in northern and central California;
                 Golden State Donor Services, which serves 11 counties in  
               the Sacramento region;
                 Lifesharing Community Organ & Tissue Donation, which  
               serves San Diego and Imperial Counties; and
                 OneLegacy, which serves counties in the Los Angeles  
               area.

            SB 112 built on a provision of current law at that time that  
            required DMV to provide donor registration forms to those  
            applying for drivers' licenses or identification cards. These  
            forms included instructions to mail the completed form to  
            Donate Life California. Donate Life California found this  
            system an ineffective method of signing up donors, and so in  
            2005 sponsored, SB 689 (Speier), Chapter 665, which requires  
            DMV to collect organ and tissue donor designation information  
            on its applications for drivers' licenses and identification  
            cards. Donate Life reports that about 25 percent of those  
            applying or renewing a driver's license or identification card  
            sign up to be donors. This bill is a further attempt to  
            increase that percentage. 

           1.Waiting at DMV  .  DMV reports that the wait times at its field  




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            offices have increased dramatically over the past two years.  
            Annual average wait times for those without appointments  
            increased from 19 minutes 30 seconds in fiscal year 2007-08 to  
            41 minutes 20 seconds thus far in the current year. Average  
            wait times in February and March of this year were over 55  
            minutes. For those with appointments the times are shorter,  
            but the rate of increase is about the same with current wait  
            time averaging about 15 minutes. This bill will exacerbate the  
            trend of lengthening wait times in DMV offices. 

            DMV currently processes about 3.75 million driver's license  
            and identification card applications through its field offices  
            each year. Under this bill, each of these nearly four million  
            transactions would require a DMV clerk to confirm that the  
            applicant has answered whether or not he or she will become an  
            organ donor, and if the applicant has not answered, the clerk  
            will have to explain to the applicant that he or she must  
            answer and then wait while the applicant answers or asks  
            further questions. This will result in perhaps a short  
            increase in time spent at the DMV window for that applicant,  
            but will further exacerbate the increasingly long wait times  
            for all others awaiting service in DMV's offices.

           2.Living donors and the driver's license  . This bill provides for  
            creation of the living donor registration system, and it also  
            makes changes to the existing process for signing up organ and  
            tissue donors through DMV. The bill, however, makes no  
            connection between the two. That is, it does not conceive of  
            using DMV to sign up living donors.

          POSITIONS:  (Communicated to the Committee before noon on  
          Wednesday, 
                     April 7, 2010)

               SUPPORT:  California Hospital Association
                         Donate Life California        
          
               OPPOSED:  None received.