BILL ANALYSIS                                                                                                                                                                                                    



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          SB 1419 (Galgiani) - Uniform Anatomical Gift Act:  prison  
          inmates
          
           ----------------------------------------------------------------- 
          |                                                                 |
          |                                                                 |
          |                                                                 |
           ----------------------------------------------------------------- 
          |--------------------------------+--------------------------------|
          |                                |                                |
          |Version: April 13, 2016         |Policy Vote: HEALTH 7 - 0, PUB. |
          |                                |          S. 5 - 1              |
          |                                |                                |
          |--------------------------------+--------------------------------|
          |                                |                                |
          |Urgency: No                     |Mandate: No                     |
          |                                |                                |
          |--------------------------------+--------------------------------|
          |                                |                                |
          |Hearing Date: May 23, 2016      |Consultant: Brendan McCarthy    |
          |                                |                                |
           ----------------------------------------------------------------- 

          This bill meets the criteria for referral to the Suspense File.

          Bill  
          Summary:  SB 1419 would require the Department of Corrections  
          and Rehabilitation to allow an inmate to make an anatomical gift  
          in the event of his or her death.


          Fiscal  
          Impact:  Ongoing costs of about $200,000 per year for the  
          Department of Corrections and Rehabilitation to provide training  
          to medical staff (General Fund). The Department would need to  
          provide training to licensed vocational nurses, so that they  
          could provide the forms to inmates during initial medical  
          screening and answer questions that inmates may have about the  
          form and their rights under the law. 


          Background:  Under current practice, newly admitted inmates to state  
          prisons are given an initial health screening and then a  
          comprehensive medical evaluation. 
          The Department of Corrections and Rehabilitation currently has a  







          SB 1419 (Galgiani)                                     Page 1 of  
          ?
          
          
          policy in place regarding advanced health care directives.  
          Advanced health care directives allow patients (including  
          inmates) to make decisions about future health care services  
          that they wish to receive. Under the advanced health care  
          directive used by the Department, inmates can give someone the  
          power of attorney (in order to make health care decisions on the  
          inmates behalf) and to specify the types of medical treatment  
          that the inmate does and does not want. The advanced health care  
          directive form used by the Department also includes the option  
          for an inmate to indicate whether he or she wishes to donate  
          organs or tissues upon death and to specify which organs may be  
          donated. The Department provides advanced health care directive  
          forms to any inmate who requests one and to any inmate who is  
          facing a life threatening condition or medical treatment.




          Proposed Law:  
            SB 1419 would require the Department of Corrections and  
          Rehabilitation to allow an inmate to make an anatomical gift in  
          the event of his or her death.
          Specific provisions of the bill would:
                 Require the Department to develop a form to allow an  
               inmate to make an anatomical gift in the event of the  
               inmates death;
                 Require the form to be held in the inmate's central  
               file;
                 Specify the information to be contained on the form;
                 Require the form to be presented to inmates upon first  
               admittance to the state prison system;
                 Require the form to be made available to inmates upon  
               request;
                 Authorize an inmate to revoke his or her election to  
               make an anatomical gift.


          Staff  
          Comments:  In any given year, a very small proportion of state  
          prison inmates die in prison. For example, in 2010 about 250  
          inmates died out of an institutional population of about  
          150,000.
          Under current Department policy, any inmate can request an  
          advanced health care directive which allows the inmate to elect  








          SB 1419 (Galgiani)                                     Page 2 of  
          ?
          
          
          to make an anatomical gift (i.e. organ donation). In addition,  
          the Department provides advanced health care directive forms to  
          inmates facing a life threatening illness or medical treatment  
          (e.g. a surgery).


          Given that those inmates most likely to die in prison are given  
          access to an advanced health care directory, it does not seem  
          likely that providing an organ donation form to every inmate in  
          the state prison system will substantially increase organ  
          donation in the state.




                                      -- END --