BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 1408|
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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.
ANALYSIS:
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.
Background
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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.
Comments
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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