Amended in Senate April 13, 2016

Senate BillNo. 1419


Introduced by Senator Galgiani

February 19, 2016


An act to add Section 7150.16 to the Health and Safety Code, relating to anatomical gifts.

LEGISLATIVE COUNSEL’S DIGEST

SB 1419, as amended, Galgiani. Uniform Anatomical Gift Act: prison inmates.

Existing law establishes a system of state prisons. Existing law, the Uniform Anatomical Gift Act, sets forth the methods and procedures for a person to become a donor of an anatomical gift.

This bill would authorize a prisoner in the custody of the Department of Corrections and Rehabilitation to elect to make an anatomical gift on a form developed by the department, as specified. The bill would authorize the prisoner to make that election at the time of admittance into the state prison system, or at a later time at the prisoner’s request. The bill would establish a procedure by which a prisoner may revoke that election.

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

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

P1    1

SECTION 1.  

Section 7150.16 is added to the Health and Safety
2Code
, to read:

3

7150.16.  

(a) The Department of Corrections and Rehabilitation
4shall develop and adopt a form that will allow a prisoner in the
P2    1custody of the department to elect to make an anatomical gift in
2the event of his or her death. The form shall be included in the
3prisoner’s central file maintained by the department. The form
4shall be titled “Document of Gift--Donate Life California Organ
5and Tissue Donor Registry,” shall be a document of gift as defined
6in paragraph (6) of subdivision (a) of Section 7150.10, andbegin delete shall
7at a minimum haveend delete
begin insert shall include, at a minimum, all ofend insert the following
8characteristics:

9(1) Clearly indicates the prisoner’s election to be added to the
10donor registry.

begin insert

11
(2) Allows the prisoner to designate whether the prisoner would
12like to donate his or her organs or tissues for transplantation or
13research, or both.

end insert
begin insert

14
(3) Allows the prisoner to state any donation limitation
15specifying the organs and tissues that the prisoner does not provide
16legal consent to be recovered.

end insert
begin insert

17
(4) Contains an advisement that states all of the following:

end insert
begin insert

18
(A) Electing to make an anatomical gift is completely voluntary.

end insert
begin insert

19
(B) There are no repercussions for declining to, or benefits for
20agreeing to, elect to make an anatomical gift.

end insert
begin insert

21
(C) The prisoner may consult with a medical professional or
22counselor about his or her decision.

end insert
begin insert

23
(D) The prisoner may revoke his or her election to make an
24anatomical gift at any time, as described in subdivision (d).

end insert
begin delete

8 25(2)

end delete

26begin insert(5)end insert Contains a statement notifying the prisoner that by signing
27or placing his or her mark on thebegin delete formend deletebegin insert form,end insert the prisoner is legally
28authorizing the recovery of his or her organs or tissues for the uses
29described in this chapter in the event of his or her death.

begin delete

12 30(3)

end delete

31begin insert(6)end insert Contains the prisoner’s signature, or mark if the prisoner
32cannot write.

33(b) The form described in subdivision (a) shall be presented to
34the prisoner upon his or her first admittance into the state prison
35system, and the prisoner may elect to sign it or refuse to sign it at
36that time.

37(c) The form described in subdivision (a) shall be made available
38for completion and signature at the prisoner’s request, consistent
39with the policies and procedures of the Department of Corrections
40and Rehabilitation.

P3    1(d) A prisoner may revoke his or her election to make an
2anatomical gift at any time by delivery of a written statement to
3the official in charge of the facility where the prisoner is confined.
4Upon receipt of that statement, the Department of Corrections and
5Rehabilitation shall mark the document of gift described in
6subdivision (a) as revoked and shall retain the revoked document
7of gift and the statement received pursuant to this subdivision in
8the prisoner’s central file.



O

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