California Legislature—2015–16 Regular Session

Assembly BillNo. 974


Introduced by Assembly Member Bloom

February 26, 2015


An act to amend Section 7150.35 of the Health and Safety Code, relating to anatomical gifts.

LEGISLATIVE COUNSEL’S DIGEST

AB 974, as introduced, Bloom. Uniform Anatomical Gift Act.

Existing law, the Uniform Anatomical Gift Act, regulates the making of anatomical gifts and the disposition of donated bodies and body parts. Existing law authorizes an individual who is between 15 and 18 years of age to, among other things, make an anatomical gift for any specified purpose only upon the written consent of his or her parent or guardian.

This bill would make technical, nonsubstantive changes to that provision.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P1    1

SECTION 1.  

Section 7150.35 of the Health and Safety Code
2 is amended to read:

3

7150.35.  

(a) Except as otherwise provided in subdivision (g)
4and subject to subdivision (f), in the absence of an express, contrary
5indication by the donor, a person other than the donor is barred
6from making, amending, or revoking an anatomical gift of a
7donor’s body or part if the donor made an anatomical gift of the
8donor’s body or part under Section 7150.20 or an amendment to
P2    1an anatomical gift of the donor’s body or part under Section
27150.25.

3(b) A donor’s revocation of an anatomical gift of the donor’s
4body or part under Section 7150.25 is not a refusal and does not
5bar another person specified in Section 7150.15 or 7150.40 from
6making an anatomical gift of the donor’s body or part under Section
77150.20 or 7150.45.

8(c) If a person other than the donor makes an unrevoked
9anatomical gift of the donor’s body or part under Section 7150.20
10or an amendment to an anatomical gift of the donor’s body or part
11under Section 7150.25, another person may not make, amend, or
12revoke the gift of the donor’s body or part under Section 7150.45.

13(d) A revocation of an anatomical gift of a donor’s body or part
14under Section 7150.25 by a person other than the donor does not
15bar another person from making an anatomical gift of the body or
16part under Section 7150.20 or 7150.45.

17(e) In the absence of an express, contrary indication by the donor
18or other person authorized to make an anatomical gift under Section
197150.15, an anatomical gift of a part is neither a refusal to give
20another part nor a limitation on the making of an anatomical gift
21of another part at a later time by the donor or another person.

22(f) In the absence of an express, contrary indication by the donor
23or other person authorized to make an anatomical gift under Section
247150.15, an anatomical gift of a part for one or more of the
25purposes set forth in Section 7150.15 is not a limitation on the
26making of an anatomical gift of the part for any of the other
27purposes by the donor or any other person under Section 7150.20
28or 7150.45.

29(g) Notwithstanding subdivision (a), an individual who is
30between 15 and 18 years of age may make an anatomical gift for
31any purpose authorized in this chapter,begin delete mayend delete limit an anatomical
32gift to one or more of those purposes,begin delete mayend delete refuse to make an
33anatomical gift, orbegin delete mayend delete amend or revoke an anatomical gift, only
34upon the written consent of the parent or guardian. If a donor who
35is an unemancipated minor dies, a parent of the donor who is
36reasonably available may revoke or amend an anatomical gift of
37the donor’s body or part.



O

    99