BILL NUMBER: AB 1297	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 10, 2013
	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   authorize a procurement organization, when
specified circumstances are present, to notify a coroner, prior to
the donor's death, that a   donor has made or may make an
anatomical gift, and would require a coroner to accept that
notification, if such notification will facilitate the coroner's
ability to conduct his or her duties in a manner and within a period
compatible with the preservation of the body or part for the purposes
of the gift. The bill would also require  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.   gift, thereby imposing a state-mandated
local program. 
     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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: 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. 
   (d) Notwithstanding any other law, when an anatomical gift might
be available or has been made by a person whose death is imminent due
to the lawful withdrawal of medical treatment and if that person's
body, post mortem, will be subject to the coroner's jurisdiction
pursuant to Section 27491 of the Government Code, a procurement
organization may notify a coroner of the anatomical gift, and a
coroner shall accept the notification, if such notification will
facilitate the coroner's ability to 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.

  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.