BILL NUMBER: AB 1297	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 21, 2013

INTRODUCED BY   Assembly Member John A. Pérez

                        FEBRUARY 22, 2013

   An act  to amend Section 7151.15 of the Health and Safety
Code,   relating to public health.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1297, as amended, John A. Pérez. Coroners: organ donation. 

   Existing 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.  
   This 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.  
   The 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.  
   This 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.  
   Existing 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.  
   This 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. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
 yes  . State-mandated local program:  no
  yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 7151.15 of the  
Health and Safety Code   is amended to read: 
   7151.15.  (a) A county coroner shall cooperate with procurement
organizations to maximize the opportunity to recover anatomical gifts
for the purpose of transplantation, therapy, research, or education.

   (b) If a county coroner receives notice from a procurement
organization that an anatomical gift might be available or was made
with respect to a decedent whose body is under the jurisdiction of
the coroner and a post mortem examination  or investigation 
is going to be performed, unless the coroner denies recovery in
accordance with Section 7151.20, the coroner or designee shall
conduct a post mortem examination  or investigation  of the
body or the part in a manner and within a period compatible with its
preservation for the purposes of the gift.
   (c) A part shall not be removed from the body of a decedent under
the jurisdiction of a coroner for transplantation, therapy, research,
or education unless the part is the subject of an anatomical gift.
The body of a decedent under the jurisdiction of the coroner shall
not be delivered to a person for research or education unless the
body is the subject of an anatomical gift. This subdivision does not
preclude a coroner from performing the medico legal investigation
upon the body or parts of a decedent under the jurisdiction of the
coroner.
   SEC. 2.    No reimbursement shall be made pursuant to
Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code for costs mandated by the state pursuant to this
act. It is recognized, however, that a local agency or school
district may pursue any remedies to obtain reimbursement available to
it under Part 7 (commencing with Section 17500) and any other
provisions of law.  
  SECTION 1.    It is 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.