BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                    THIRD READING


          Bill No:  AB 1297
          Author:   John A. Pérez (D), et al.
          Amended:  8/19/13 in Senate
          Vote:     21


           SENATE HEALTH COMMITTEE  :  9-0, 6/12/13
          AYES:  Hernandez, Anderson, Beall, De León, DeSaulnier, Monning,  
            Nielsen, Pavley, Wolk

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

           ASSEMBLY FLOOR  :  75-0, 5/9/13 (Consent) - See last page for vote


           SUBJECT  :    Coroners:  organ donation

           SOURCE  :     Donate Life California


           DIGEST  :    This bill authorizes an organ procurement  
          organization (OPO), 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 requires a coroner to  
          accept that notification, whenever that notification will  
          facilitate the coroner's ability to conduct his/her duties in a  
          manner and within a period compatible with the preservation of  
          the body or part for the purposes of the gift.  This bill  
          additionally requires the disclosure of medical information if  
          the disclosure is compelled by a coroner upon notification of,  
          or investigation of, imminent deaths that may involve organ or  
          tissue donation.

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           Senate Floor Amendments  of 8/19/13 make technical and  
          non-substantive changes and add Senator Joel Anderson as a  
          coauthor.


           ANALYSIS  :    

          Existing law:

          1.Establishes the Uniform Anatomical Gift Act (UAGA) to govern  
            organ and tissue donation in California and specifies who may  
            make an anatomical 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.Requires a coroner or medical examiner (ME) to, assist in  
            implementation of the UAGA; cooperate with OPOs to maximize  
            the opportunity to recover anatomical gifts for the purpose of  
            transplantation, therapy, research, or education; permit the  
            authorized and lawful removal and timely disposition of  
            donated organs and tissue from the bodies of deceased persons;  
            ensure anatomical gifts do not interfere with an autopsy or  
            investigation; and enter into agreements with OPOs to  
            coordinate gift recovery procedures within that coroner's or  
            ME's jurisdiction or in cooperation with other coroners or MEs  
            throughout the state.

          3.Establishes the Confidentiality of Medical Information Act  
            (Act), which prohibits a health care provider, a contractor,  
            or a health care service plan from disclosing medical  
            information, as defined, regarding a patient of the provider  
            or an enrollee or subscriber of the health care service plan  
            without first obtaining an authorization, except as specified.  


          4.Requires the disclosure of medical information if the  
            disclosure is compelled by a coroner when investigating deaths  
            that may involve organ or tissue donation. 

          5.Makes a violation of the Act that results in economic loss or  
            personal injury to a patient, a misdemeanor.

          This bill:


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          1.Authorizes a provider of health care, health care service  
            plan, or contractor to disclose medical information regarding  
            a patient or prospective donor, when requested in the course  
            of an investigation by the coroner's office upon notification  
            of, or investigation of, imminent deaths that may involve  
            organ or tissue donation, or when otherwise authorized by the  
            decedent's representative. 

          2.Clarifies that if a county coroner receives notice from an OPO  
            that an anatomical gift might be available 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, the coroner is  
            required to conduct a post-mortem examination or investigation  
            of the body in a manner and within a period compatible with  
            its preservation for the purposes of the gift.

          3.Clarifies that 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, an OPO is permitted  
            to notify a coroner of the anatomical gift, and requires a  
            coroner to accept the notification, whenever that notification  
            will facilitate the coroner's ability to conduct a post-mortem  
            examination or investigation of the body in a manner and  
            within a period compatible with its preservation for the  
            purposes of the gift.

           Comments
           
           Organ Donation Process  .  According to Donate Life California  
          (DLC), most organ donors are accident victims who have suffered  
          severe and eventually fatal injuries - often a severe head  
          injury.  After arriving at the scene of such an accident,  
          emergency medical personnel immediately begin life-saving  
          procedures while the patient is transported to a hospital where  
          every effort is made to save the patient's life.

          Once a patient is determined brain dead by two different  
          doctors, the hospital must refer the patient to the local OPO.   
          An OPO is a non-profit organization that is responsible for the  
          evaluation and procurement of deceased-donor organs for organ  
          transplantation.  The individual OPOs represent the front-line  

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          of organ procurement.  There are currently four OPOs that have  
          been designated in California (California Transplant Donor  
          Network, Golden State Donor Services, LifeSharing, and  
          OneLegacy).

          The OPO conducts an evaluation to determine if organ donation is  
          an option.  If the patient is eligible to donate, the OPO will  
          speak to the family.  Once consent is granted, the OPO works  
          with the DLC Registry to identify the best candidates for the  
          available organs and coordinates with the surgical team for each  
          organ recipient.

           Coroner/ME's Role  .  A county coroner/ME plays an important role  
          in the organ and tissue donation process.  Since all unexpected  
          deaths require coroner/ME review, their cooperation and support  
          is vital for ensuring successful organ and tissue donations to  
          benefit thousands of transplant 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 serve as a dedicated resource  
          regarding donation, and who works closely 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 UAGA.

          Currently, consultation between coroners/MEs and OPOs takes  
          place after a potential donor has died.  However, in cases where  
          OPOs communicate information to coroners/MEs about the gift  
          wishes of a donor who is on life support prior to death,  
          coroners/MEs are prevented from doing anything more than taking  
          the information.  This bill seeks to formalize the communication  
          between coroners/MEs and OPOs in cases where a person who wishes  
          to donate is facing imminent death and his/her body after death  
          will be subject to a death investigation by the coroner/ME, such  
          as a person who has been taken off life support, in order to  
          facilitate timely recovery of the donated organs. 

           Prior Legislation
           
          SB 1395 (Alquist, Chapter 217, Statutes of 2010) authorized  
          establishment of an Altruistic Living Donor Registry to promote  
          and assist live kidney donations and required, by July 1, 2011,  

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          an applicant for an initial or renewal driver's license or  
          identification card to designate whether or not he/she wishes to  
          become an organ and tissue donor.

          AB 1689 (Lieber, Chapter 629, Statutes of 2007) revised UAGA,  
          which regulates anatomical gifts and the disposition of donated  
          bodies and body parts.

          AB 777 (Dutton, Chapter 309, Statutes of 2003) provided  
          procedures for removal of organs for transplant when requested  
          by an OPO in the case of an anatomical gift from a decedent  
          whose death requires an inquest by the coroner/ME.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  Yes

           SUPPORT  :   (Verified  8/20/13)

          Donate Life California (source)
          California State Coroners' Association


           ARGUMENTS IN SUPPORT  :    Donate Life California (DLC), the  
          sponsors of this legislation, and the California State Coroner's  
          Association (CSCA) write in support that this bill recognizes  
          and clarifies in UAGA the relationship between OPOs and the  
          coroners in what is known as "imminent" coroner jurisdiction  
          cases.  These cases relate to those individuals who have  
          expressed their intent to donate, but who do not technically  
          fall under the coroner's jurisdiction quite yet.  DLC and CSCA  
          state what makes these cases unique is that there is a very  
          narrow time window between declaration of death and the  
          commencement of organ recovery by the OPOs.  These circumstances  
          require the OPO to consult with the coroner prior to declaration  
          of death in cases where the body is deemed likely to fall under  
          the coroner's jurisdiction post mortem.  DLC and CSCA maintain  
          this bill will make uniform a practice that is currently  
          occurring to ensure all interested parties are able to perform  
          their responsibilities and honor the donor's wish to save lives.

           ASSEMBLY FLOOR  :  75-0, 5/9/13
          AYES:  Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,  
            Blumenfield, Bocanegra, Bonilla, Bonta, Bradford, Brown,  
            Buchanan, Ian Calderon, Campos, Chau, Chávez, Chesbro, Conway,  

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            Cooley, Dahle, Daly, Dickinson, Eggman, Fong, Fox, Frazier,  
            Beth Gaines, Garcia, Gatto, Gomez, Gordon, Gorell, Gray,  
            Grove, Hagman, Hall, Harkey, Roger Hernández, Jones,  
            Jones-Sawyer, Levine, Linder, Lowenthal, Maienschein, Mansoor,  
            Medina, Melendez, Mitchell, Morrell, Mullin, Muratsuchi,  
            Nazarian, Nestande, Olsen, Pan, Patterson, Perea, V. Manuel  
            Pérez, Quirk, Quirk-Silva, Rendon, Salas, Skinner, Stone,  
            Ting, Torres, Wagner, Weber, Wieckowski, Wilk, Williams,  
            Yamada, John A. Pérez
          NO VOTE RECORDED:  Donnelly, Holden, Logue, Waldron, Vacancy


          JL:ej  8/20/13   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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