BILL ANALYSIS Ó
AB 1297
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Date of Hearing: May 1, 2013
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 1297 (John A. Pérez) - As Amended: April 10, 2013
Policy Committee: HealthVote:19-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill facilitates information sharing between coroners and
organ procurement organizations (OPOs) by permitting an OPO to
notify the coroner, and requiring the coroner to accept the
notification in situations where an anatomical gift might be
available or has been made and death is imminent, as specified.
FISCAL EFFECT
Negligible state costs.
COMMENTS
Rationale . According to the sponsor of this measure, Donate
Life California (DLC), there are instances where individuals
have expressed intent to donate, but do not technically fall
under a coroner's jurisdiction yet, such as persons on life
support who have not yet died. There is a narrow time window
between declaration of death and the commencement of organ
recovery by OPOs. DLC states these circumstances require the
OPO to consult with the coroner/medical examiner (ME) prior to
declaration of death since the body is deemed likely to fall
under the coroner's jurisdiction post mortem. According to DLC,
by formally addressing the relationship between OPOs and
coroners in these particular instances, this bill would codify a
common practice to ensure all parties are able to perform their
responsibilities and honor the donor's wish to save lives after
he or she dies.
Background . For deaths requiring coroner/ME review, their
cooperation and support is vital for ensuring successful organ
and tissue donations to benefit thousands of transplant
AB 1297
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recipients each year. OPOs collaborate with coroners/MEs in the
referral and evaluation of potential organ and tissue donors to
broaden the donation options for donor families, while
preserving evidence for death investigations to determine the
cause and manner of death. OPOs usually have a coroner liaison
to work closely and serve as a dedicated resource regarding
donation with coroners and MEs. After the OPO staff determines
organ and tissue recovery will take place, the coroner/ME is
notified and clearance is obtained for transplantation to occur
in accordance with the Uniform Anatomical Gift Act.
Analysis Prepared by : Debra Roth / APPR. / (916) 319-2081