AB 1297, as amended, John A. Pérez. Coroners: organ donation.
begin insertExisting law requires a coroner to cooperate with procurement organizations to maximize the opportunity to recover anatomical gifts for the purpose of transplantation, therapy, research, or education. Existing law requires a coroner or designee to conduct a post mortem examination of a body or part that is available for or has been donated to a procurement organization in a manner and within a period compatible with the body or part’s preservation for the purposes of the gift.
end insertbegin insertThis bill would impose a state-mandated local program by requiring a coroner to conduct a post mortem investigation in a manner and time period compatible with the preservation of the body or part for the purposes of the gift.
end insertbegin insertThe California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
end insertbegin insertThis bill would provide that no reimbursement shall be made pursuant to these statutory provisions for costs mandated by the state pursuant to this act, but would recognize that local agencies and school districts may pursue any available remedies to seek reimbursement for these costs.
end insertExisting law requires the application for an original or renewal driver’s license or identification card to contain a space for the applicant to enroll in the Donate Life California Organ and Tissue Donor Registry and requires the Department of Motor Vehicles, on a weekly basis, to electronically transmit to Donate Life California, a nonprofit organization established and designated as the California Organ and Tissue Donor Registrar, specified information on applicants that enroll in the organ donation program.
end deleteThis bill would state the intent of the Legislature to enact legislation that would codify the process to be followed by coroners and organ procurement organizations for donation of organs after cardiac death.
end deleteVote: majority.
Appropriation: no.
Fiscal committee: begin deleteno end deletebegin insertyesend insert.
State-mandated local program: begin deleteno end deletebegin insertyesend insert.
The people of the State of California do enact as follows:
begin insertSection 7151.15 of the end insertbegin insertHealth and Safety Codeend insert
2begin insert is amended to read:end insert
(a) A county coroner shall cooperate with
4procurement organizations to maximize the opportunity to recover
5anatomical gifts for the purpose of transplantation, therapy,
6research, or education.
7(b) If a county coroner receives notice from a procurement
8organization that an anatomical gift might be available or was
9made with respect to a decedent whose body is under the
10jurisdiction of the coroner and a post mortem examinationbegin insert or
11investigationend insert is going to be performed, unless the coroner denies
12recovery in accordance with Section 7151.20, the coroner or
13designee shall conduct a post mortem examinationbegin insert
or investigationend insert
14 of the body or the part in a manner and within a period compatible
15with its preservation for the purposes of the gift.
16(c) A part shall not be removed from the body of a decedent
17under the jurisdiction of a coroner for transplantation, therapy,
18research, or education unless the part is the subject of an anatomical
19gift. The body of a decedent under the jurisdiction of the coroner
20shall not be delivered to a person for research or education unless
21the body is the subject of an anatomical gift. This subdivision does
22not preclude a coroner from performing the medico legal
P3 1investigation upon the body or parts of a decedent under the
2jurisdiction of the coroner.
No reimbursement shall be made pursuant to Part 7
4(commencing with Section 17500) of Division 4 of Title 2 of the
5Government Code for costs mandated by the state pursuant to this
6act. It is recognized, however, that a local agency or school district
7may pursue any remedies to obtain reimbursement available to it
8under Part 7 (commencing with Section 17500) and any other
9provisions of law.
It is the intent of the Legislature to enact
11legislation that would codify the process to be followed by coroners
12and organ procurement organizations for donation of organs after
13cardiac death.
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