BILL ANALYSIS                                                                                                                                                                                                    

          |SENATE RULES COMMITTEE            |                       SB 1408|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
          |327-4478                          |                              |

                                   THIRD READING 

          Bill No:  SB 1408
          Author:   Allen (D) 
          Amended:  5/4/16  
          Vote:     21 

           SENATE HEALTH COMMITTEE:  8-0, 4/27/16
           AYES:  Hernandez, Nguyen, Mitchell, Monning, Nielsen, Pan,  
            Roth, Wolk
           NO VOTE RECORDED:  Hall

           SUBJECT:   Tissue donation

          SOURCE:    AIDS Project Los Angeles 
                     Equality California 
                     Los Angeles LGBT Center 
                     Positive Women's Network-USA 

          DIGEST:  This bill allows for the transplantation of any tissues  
          into the body of a person, as specified, when the donor of the  
          tissues is found reactive for human immunodeficiency virus  
          (HIV), and removes penalties for tissue donors who are found  
          reactive to HIV, as specified.
          Existing law:

          1)Prohibits the transfer of any tissues, as defined, into the  
            body of another person by means of transplantation, unless the  
            donor of the tissues has been screened and found nonreactive  


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            for evidence of infection with HIV, agents of viral hepatitis  
            (HBV and HCV), human T lymphotropic virus (HTLV), and  
            syphilis, except as provided.

          2)Authorizes the transplantation of tissue from a donor who has  
            not been tested for specified infectious diseases or, with the  
            exception of HIV and HTLV, has been found reactive, if  
            specified conditions are satisfied, including obtaining  
            consent from an intended recipient or the recipient's family.  
            Defines "family" as a spouse, adult son or daughter, either  
            parent, adult brother or sister, or grandparent.
          This bill:

          1)Allows for the transplantation of any tissues into the body of  
            a person who is found to be reactive for HIV when the donor of  
            the tissues is also found reactive for HIV and both of the  
            following conditions are satisfied:

             a)   The individual receiving the tissue has been found  
               reactive for HIV before receiving the tissue. 

             b)   The individual receiving the tissue is either  
               participating in clinical research approved by an  
               institutional review board under the criteria, standards,  
               and regulations described in subsections (a) and (b) of  
               Section 274f-5 of Title 42 of the United States Code (USC),  
               or, if the U.S. Secretary of Health and Human Services  
               determines under subsection (c) of Section 274f-5 of Title  
               42 of the USC that participation in this clinical research  
               is no longer warranted as a requirement for transplants,  
               the individual is receiving the transplant under the  
               standards and regulations under subsection (c) of Section  
               274f-5 of Title 42 of the USC.

          2)Removes specified penalties for the donation of blood, body  
            organs, or other tissues by a person who knows that he or she  
            has been found reactive for HIV, or for a person afflicted  
            with any contagious, infectious, or communicable disease who  
            willfully exposes himself or herself to another person, for  
            sperm donors, as specified, and donors included in 1) above.



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          On November 21, 2013, President Obama issued a statement that  
          announced he signed the bipartisan-supported HIV Organ Policy  
          Equity (HOPE) Act, which allowed for scientists to carry out  
          research into organ donations from one person with HIV to  
          another. As noted in the statement, such organ transplants were  
          deemed illegal for decades. However, with growing effective  
          treatments for HIV and by signing the HOPE Act, successful  
          life-saving organ donations for people living with HIV could  
          eventually be realized. On November 22, 2013, Donate Life  
          California issued a statement applauding the President's signing  
          of the HOPE Act, stating that the change in policy had the  
          potential to save 1,000 HIV-infected transplant patients each  
          year, as well as shortening the list for uninfected people  
          awaiting transplants. 

          A March 30, 2016, article in the Los Angeles Times announced the  
          first organ transplantation from a deceased HIV-positive donor  
          to two HIV-positive recipients, performed by surgeons at Johns  
          Hopkins University Medical Center. Physicians involved with the  
          transplantation believe that many HIV-infected donors are likely  
          healthy enough to donate an organ without great risk to their  
          health. Also noted in the article is the expectation that each  
          year 500 to 600 HIV-positive people will die under circumstances  
          that would make their organs available for transplant, which has  
          the potential to make hundreds and potentially thousands of  
          transplantable organs available each year to HIV-infected people  
          with end-stage diseases of the kidneys, heart, liver, and lungs.

          Author's statement. According to the author, this bill will  
          greatly improve the life expectancies of people living with HIV  
          who need organ or tissue transplants by removing California's  
          prohibition on donating organs or tissue while HIV-positive.  
          Under current state law, it is illegal for an HIV-positive  
          person to donate organs or tissues under any circumstance. This  
          existing law was enacted nearly 20 years ago at a time when very  
          little was known about HIV and AIDS. Research made possible by  
          the passage of the federal HOPE Act of 2013 found that organ  
          donations from HIV-positive donors to HIV-positive recipients do  
          not have a detrimental effect. Major advances in the treatment  
          of HIV and AIDS mean that HIV-positive individuals are living  
          longer, and like other older Americans, they too are developing  
          medical conditions that require organ transplants. However, the  


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          number of individuals in need of organ transplants far exceeds  
          the availability of healthy organs. Increasing the number of  
          eligible organ and tissue donors for HIV-positive individuals  
          will save lives.

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:NoLocal:    No

          SUPPORT:   (Verified  5/4/16)

          AIDS Project Los Angeles (co-source)
          Equality California (co-source)
          Los Angeles LGBT Center (co-source)
          Positive Women's Network-USA (co-source)
          Access Support Network of San Luis Obispo and Monterey Counties
          AIDS Healthcare Foundation
          American Civil Liberties Union of California
          Familia: Trans Queer Liberation Movement
          Health Officers Association of California
          Lambda Legal
          Law Foundation of Silicon Valley
          San Francisco AIDS Foundation
          Two individuals

          OPPOSITION:   (Verified  5/4/16)

          None received

          ARGUMENTS IN SUPPORT:     The sponsors and other supporters  
          argue that this bill will bring state law into conformity with  
          federal law, ending a policy that was enacted at a time when  
          very little was known about HIV and AIDS. Supporters argue that  
          with advances in HIV understanding and treatment, HIV-positive  
          individuals are living longer and developing medical conditions  
          later in life for which organ transplants are the standard of  
          care treatment. Supporters state that this bill will help  
          alleviate waiting times on donor lists for all people awaiting  
          organ transplants, and that studies have shown that transplants  


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          from one HIV-positive person to another do not have a  
          detrimental effect nor negatively affect patient outcomes. 

          Prepared by:Reyes Diaz/ HEALTH /
          5/4/16 15:04:26

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