BILL NUMBER: AB 2167	CHAPTERED  09/28/00

	CHAPTER   829
	FILED WITH SECRETARY OF STATE   SEPTEMBER 28, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 28, 2000
	PASSED THE ASSEMBLY   AUGUST 25, 2000
	PASSED THE SENATE   AUGUST 24, 2000
	AMENDED IN SENATE   AUGUST 21, 2000
	AMENDED IN SENATE   AUGUST 7, 2000
	AMENDED IN ASSEMBLY   MAY 3, 2000
	AMENDED IN ASSEMBLY   APRIL 24, 2000

INTRODUCED BY   Assembly Member Gallegos
   (Coauthor:  Assembly Member Correa)

                        FEBRUARY 23, 2000

   An act to add Sections 1639.56 and 7150.2 to the Health and Safety
Code, relating to public health, and making an appropriation
therefor.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2167, Gallegos.   Tissue donations.
   The Uniform Anatomical Gift Act establishes general requirements
and procedures for the donation of body parts.
   This bill would establish responsibility for the oversight and
implementation of the Uniform Anatomical Gift Act in the State
Department of Health Services, and would require the department to
adopt regulations for certain related purposes.
   Existing law contains provisions relating to the licensing and
regulation of tissue banks.
   Existing law creates the Tissue Bank License Fund, into which
tissue bank license fees are deposited, the moneys in which may be
used for purposes of administering tissue bank provisions.
   The bill would require the department, by January 1, 2003, to
submit a report to the Legislature relating to tissue donations and
distribution.
   This bill would appropriate $250,000 to the department from the
Tissue Bank License Fund for preparation of this report.
   Appropriation:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 1639.56 is added to the Health and Safety Code,
to read:
   1639.56.  The department shall submit a report to the Legislature
no later than January 1,  2003, including, but not limited to,
examining and evaluating all of the following:
   (a) Administrative expenditures of tissue banks.
   (b) Current use of informed consent by tissue banks in tissue
donation and recovery, including recommendations for improving and
expanding informed consent policy.
   (c) Full disclosure requirements by tissue banks to the donor or
the person authorized to make a donation on behalf of a decedent of
all potential uses of donated and recovered tissues.
   (d) A system in which individuals with medically necessary
conditions for which donated tissues are part of the prescribed
treatment are given priority in receiving donated tissues, and the
feasibility of state subsidies to implement the system.
   (e) The current process for tissue recovery and distribution,
including recommendations for improvement, where necessary.
  SEC. 2.  Section 7150.2 is added to the Health and Safety Code, to
read:
   7150.2.  (a) The State Department of Health Services shall have
oversight and regulatory authority with respect to the implementation
in this state of the Uniform Anatomical Gift Act.
   (b) The State Department of Health Services shall adopt
regulations that provide for the implementation of this chapter.
Regulations adopted pursuant to this section shall include, but not
be limited to, providing public awareness of being an organ and
tissue donor and of the importance of informed consent prior to
donation.
   (c) (1) It is the intent of the Legislature that no provision of
this section be construed to be in conflict with federal law.
   (2) The provisions of this section are severable.  If any
provision of this section or its application is held invalid, that
invalidity shall not affect other provisions or applications that can
be given effect without the invalid provision or application.
  SEC. 3.  There is hereby appropriated the sum of two hundred fifty
thousand dollars ($250,000) from the Tissue Bank License Fund to the
department in order to prepare the report required by Section 1639.56
of the Health and Safety Code.