BILL ANALYSIS Ó
AB 1297
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1297 (John A. Pérez)
As Amended August 19, 2013
Majority vote
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|ASSEMBLY: |75-0 |(May 9, 2013) |SENATE: |37-0 |(August 22, |
| | | | | |2013) |
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Original Committee Reference: HEALTH
SUMMARY : Facilitates the sharing of information between
coroners and organ procurement organizations (OPOs) regarding
cases in which an anatomical gift may be available from a person
whose demise is imminent and that person's body will be subject
to a death investigation by the coroner post mortem.
The Senate amendments clarify that health care providers, health
care service plans, and contractors are required to disclose
certain medical information, if compelled by a coroner, upon
being notified of an imminent death that may involve organ or
tissue donation and make other technical and clarifying changes.
EXISTING LAW :
1)Establishes the Uniform Anatomical Gift Act (UAGA) to govern
organ and tissue donation in California and specify 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.
FISCAL EFFECT : According to the Senate Appropriations
AB 1297
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Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : According to the author, OPOs are often made aware of
cases where individuals have agreed upon their death to make an
anatomical gift. The author maintains that UAGA authorizes OPOs
to discuss information related to an anatomical gift, but state
law does not clearly allow coroners to discuss information with
OPOs about those individuals who are on life support and who
have agreed to make an anatomical gift. The author states that
this bill is intended to allow this information to be shared in
order to facilitate the ability of the coroner to conduct a post
mortem examination or investigation in a manner and timeframe
compatible with the body or part's preservation for purposes of
the gift. The author points out that time is of the essence
when it comes to organ transplants and when a donated organ is
not recovered in a timely manner, such as within four to six
hours for a heart or lung and between 12-24 hours for a liver or
pancreas, its chances of surviving long enough to serve a needy
patient diminish.
A county coroner or ME plays an important role in the organ and
tissue donation process. Since all unexpected deaths require
coroner or 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 or 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 with 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 or ME is notified and clearance is
obtained for transplantation to occur in accordance with UAGA.
Currently, consultation between coroners or MEs and OPOs takes
place after a potential donor has died. However, in cases where
OPOs communicate information to coroners or MEs about the gift
wishes of a donor who is on life support prior to death,
coroners or MEs are currently prevented from doing anything more
than taking the information. This bill seeks to formalize the
communication between coroners or MEs and OPOs in cases where a
person who wishes to donate is facing imminent death and his or
her body after death would be subject to a death investigation
by the coroner or ME, such as a person who has been taken off
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life support, in order to facilitate timely recovery of the
donated organs.
The sponsor of this bill, Donate Life California (DLC), writes
in support that, in unique cases where individuals have
expressed their intent to donate, but they do not technically
fall under a coroner's jurisdiction yet, such as persons on life
support who have not yet died, there is a very narrow time
window between declaration of death and the commencement of
organ recovery by OPOs. DLC states that these circumstances
require the OPO to consult with the coroner or 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 enshrine
in statute and 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
after he or she dies. The California State Coroners'
Association adds in support that this bill sets up a process
between OPOs and coroners or MEs in these particular cases to
ensure that the donor's wish to save lives after his or her
death can be honored.
Analysis Prepared by : Lara Flynn / HEALTH / (916) 319-2097
FN: 0001875