BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 1395
                                                                  Page  1

          Date of Hearing:   June 22, 2010

                            ASSEMBLY COMMITTEE ON HEALTH
                              William W. Monning, Chair
                    SB 1395 (Alquist) - As Amended:  June 14, 2010

           SENATE VOTE  :  35-0
           
          SUBJECT  :  Organ donation.

           SUMMARY :  Authorizes establishment of an Altruistic Living Donor  
          Registry to promote and assist live kidney donations and  
          requires, by July 1, 2011, an applicant for an initial or  
          renewal driver's license or identification card to designate  
          whether or not he or she wishes to become an organ and tissue  
          donor.  Specifically,  this bill  :   

          1)Authorizes the state's federally-designated organ procurement  
            organizations (OPOs) to establish a not-for-profit Altruistic  
            Living Donor Registrar (registrar) to establish and maintain a  
            living donor registry designed to promote and assist live  
            kidney donations, including donor chains, paired exchanges,  
            and nondirected donations.

          2)Makes the registrar responsible for developing methods to  
            increase the number of donors who enroll in the registry and  
            requires the information contained in the registry to be made  
            available to OPOs and transplant centers in California and  
            used to expedite a match between identified organ donors and  
            potential recipients. 

          3)Allows the registrar to receive voluntary contributions to  
            support the registry and its activities and requires the  
            registrar to collect and make specified information relating  
            to altruistic kidney donations available to the public.

          4)Permits the registrar to allow persons who identify themselves  
            as altruistic living donors of organs and tissue other than  
            kidneys to be added to the registry if the registrar finds  
            that these types of donations are generally safe, without  
            significant risk of complications, and would not adversely  
            affect the health of the donor; and, requires the appropriate  
            policy committees of the Legislature to be notified if the  
            registry is expanded in this manner.









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          5)Requires, on and after July 1, 2011, the application for an  
            initial or renewal driver's license to contain yes or no check  
            boxes for the purpose of allowing an applicant to add his or  
            her name to the existing Donate Life California Organ and  
            Tissue Donor Registry.

          6)Directs the Department of Motor Vehicles (DMV) to inquire  
            verbally of an applicant applying in person for an original or  
            renewal driver's license or identification card at a  
            department office as to whether the applicant wishes to enroll  
            in the organ donor registry, and prohibits failure or refusal  
            to answer this question or check a box on the application form  
            from being a basis for DMV to deny an applicant a driver's  
            license or identification card.

          7)Requires information relating to disenrolling from the  
            registry to be disclosed with the check boxes required by 6)  
            above and makes clarifying changes to information regarding  
            medical treatment that DMV is already required to provide on  
            the back of the application form.

          8)Directs DMV to provide annual reports and submit quarterly  
            updates for four years, to the Donate Life California Registry  
            and the Legislature, information on funds collected through  
            voluntary contributions as well as a summary of applicants  
            that includes specified non-identifiable information. 

          9)Makes a number of findings and declarations relating to the  
            life-saving importance of organ donation and transplantation.

           EXISTING LAW  :

          1)Establishes the Uniform Anatomical Gift Act (UAGA) which  
            governs organ and tissue donation in California.  Includes  
            provisions relating to the donation process, including who may  
            make a gift, how to document a gift or refusal, how to amend  
            or revoke a gift, to whom a gift may be made, and delivery of  
            a gift.

          2)Authorizes the state's OPOs to designate Donate Life  
            California as the registrar of the California Organ and Tissue  
            Donor Registry.

          3)Permits individuals who renew or apply for a driver's license  
            or identification card with the DMV to register as an organ  








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            and tissue donor, and provides for the pink "donor" dot symbol  
            to be pre-printed on the applicant's driver's license or  
            identification card.

          4)Allows an applicant for a driver's license or identification  
            card to designate a voluntary contribution of $2 to support  
            organ and tissue donation.  Directs DMV to collect these  
            contributions, deduct a portion for the administrative costs  
            associated with signing up donors, and then transmit the  
            remainder to Donate Life California.

           FISCAL EFFECT  :   According to the Senate Appropriations  
          Committee, pursuant to Senate Rule 28.8, negligible state costs.

           COMMENTS  : 

           1)PURPOSE OF THIS BILL  .  The author states that this bill seeks  
            to create the first altruistic living donor registry in the  
            country that would be composed of individuals who are willing  
            to donate a kidney to help others.  The author notes that  
            kidneys can be donated by a living donor through a fairly  
            simple medical procedure and the registry established in this  
            bill will expedite the match between organ donors and  
            recipients.  The author states that there is a great need for  
            this registry as more than 17,000 Californians are waiting for  
            a kidney transplant and the waiting list continues to grow.   
            The author points out that the living donor registry created  
            by this bill is designed to increase the number of potential  
            kidney donors, thereby helping to reduce the largest component  
            of the long recipient waiting list.  According to the author,  
            only 27% of  DMV customers  check  yes to designate themselves as  
             organ donors  and while that level is an improvement from 20%  
            four years ago, the state needs to do better recruiting  
            donors  .   The author argues that adding a "no" box, as simple  
            as it seems, to the existing application for an original or  
            renewal driver's license or identification card will improve  
            the donor designation rate by allowing DMV to ask customers to  
            answer the donation question.  

           2)ORGAN AND TISSUE DONATION  .  Currently more than 100,000 people  
            in the U.S. are waiting for organ transplants, and 21,000 of  
            them are California residents.  In California, minorities  
            represent 64% of organ transplant candidates and 71% of those  
            waiting for kidneys.  Each year, more than 6,000 people die  
            waiting for an organ transplant that would have given them a  








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            second chance at life with their families while hundreds of  
            thousands of people benefit from donated tissue that is used  
            for life-saving and reconstructive purposes.  The most  
            commonly transplanted organs are kidneys, liver, heart, and  
            lungs.  Tissues commonly used in transplantation include skin,  
            bone, heart valves, tendons, veins, and corneas.  Many tissues  
            that cannot be used for transplant can still be recovered and  
            used in various research studies to advance medical science. 
           
           3)CURRENT REGISTRY  .  SB 108 (Speier), Chapter 740, Statutes of  
            2001, authorizes the establishment of the registry in the  
            California Health and Human Services Agency (CHHSA).  Since  
            CHHSA never received funds for the registry, SB 112 (Speier),  
            Chapter 405, Statutes of 2003, transferred responsibility for  
            establishing the registry to a private, nonprofit organization  
            administered by the four federally-designated OPOs: California  
            Transplant Donor Network, in northern and central California;  
            Golden State Donor Services, in the Sacramento region;  
            Lifesharing Community Organ & Tissue Donation, in San Diego  
            and Imperial Counties; and, OneLegacy, in the Los Angeles  
            area.  Donate Life California was formed in 2004 to manage the  
            registry, which allows Californians who are at least 18 years  
            of age to register their authorization to donate specific or  
            all organs or tissue upon death.  Children between the ages of  
            13 and 17 can join the registry, but a minor's parent or legal  
            guardian is allowed to make the final decision about organ and  
            tissue donation at the appropriate time.  The registry allows  
            individuals to sign up as donors online.  According to Donate  
            Life California, there are over a million individuals who have  
            signed up in the registry.     

           4)SUPPORT  .  According to the sponsor, Governor Schwarzenegger,  
            this bill will make California a leader in organ donation by  
            requiring driver's license applicants to either affirmatively  
            register to be an organ donor or allow the choice to be made  
            at another time and creating the first in the nation live  
            donor registry aimed at increasing kidney donations.  Donate  
            Life California states that this bill will make an altruistic  
            living donor registry operational in California for those  
            persons who wish to help others as a living kidney donor but  
            do not have family or close friends to whom they can donate.   
            Stanford Hospitals and Clinics writes in support that its  
            patients have benefited from kidney donor chains initiated by  
            altruistic non-directed donors and recommends that this bill  
            include provisions to allow the transplant community  








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            flexibility to address the logistical and ethical issues that  
            will arise.  The National Kidney Foundation notes that  
            expanding both the number of Californians registering their  
            consent to become organ donors after death, as well as the  
            number of transplants made possible through kidney donations  
            by living donors, is critical to solving the current organ  
            shortage in the state.  Supporters add that this bill will  
            provide new ways for individuals to learn about organ donation  
            and decide to generously and selflessly sign up to be donors,  
            which, in turn, will help facilitate matches between donors  
            and recipients.        

           5)PRIOR LEGISLATION  .

             a)   AB 1689 (Lieber), Chapter 629, Statutes of 2007, revises  
               UAGA, which regulates anatomical gifts and the disposition  
               of donated bodies and body parts.                            
                    
             b)   SB 689 (Speier), Chapter 665, Statutes of 2005, requires  
               DMV to collect organ and tissue donor designation  
               information on its applications for drivers' licenses and  
               identification cards, and links DMV with the state's  
               existing donor and tissue registry.

             c)   SB 112 transfers responsibility for establishing the  
               registry to a private, nonprofit organization administered  
               by the four OPOs.

             d)   SB 108 authorizes the establishment of the registry in  
               the CHHSA. 

           6)DOUBLE REFERRAL .  This bill has been double referred.  Should  
            this bill pass this committee, it will be referred to the  
            Assembly Transportation Committee.

           7)SUGGESTED AMENDMENT  .  Under this bill, the registrar would be  
            authorized to allow the registry to expand to include  
            individuals who designate themselves as altruistic living  
            donors of organs and tissue other than kidneys if the  
            registrar finds that these types of donations are generally  
            safe, without significant risk of complications, and would not  
            adversely affect the health of the donor.  This bill should be  
            amended to require such a determination to be made upon a  
            finding by the federal Centers for Medicare and Medicaid and  
            the United Network for Organ Sharing, rather than the  








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            registrar.

            On page 4, line 23, delete "registrar" and insert "  Centers for  
            Medicare and Medicaid (CMS) and the United Network for Organ  
            Sharing (UNOS)  " 

            Due to legislative deadlines, the author has agreed to take  
            this amendment in the Assembly Transportation Committee.

           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          Governor Arnold Schwarzenegger (sponsor)
          American Federation of State, County and Municipal Employees,  
          AFL-CIO
          California Academy of Physician Assistants
          California Hospital Association
          California Medical Association
          Community Health Partnership
          DaVita Dialysis
          Donate Life California
          El Camino Hospital
          National Kidney Foundation
          Santa Clara County Board of Supervisors
          Stanford Hospital and Clinics
           
            Opposition 
           
          None on file.


           Analysis Prepared by  :    Cassie Rafanan / HEALTH / (916)  
          319-2097