BILL NUMBER: AB 2397	CHAPTERED  09/28/00

	CHAPTER   830
	FILED WITH SECRETARY OF STATE   SEPTEMBER 28, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 28, 2000
	PASSED THE ASSEMBLY   AUGUST 31, 2000
	PASSED THE SENATE   AUGUST 30, 2000
	AMENDED IN SENATE   AUGUST 25, 2000
	AMENDED IN SENATE   JUNE 29, 2000
	AMENDED IN SENATE   JUNE 15, 2000
	AMENDED IN SENATE   JUNE 1, 2000
	AMENDED IN ASSEMBLY   MAY 2, 2000

INTRODUCED BY   Assembly Member Maddox

                        FEBRUARY 24, 2000

   An act to amend Section 27491.45 of the Government Code, and to
amend Sections 7151.5, 7153, 7153.5, and 7154 of the Health and
Safety Code, relating to dead bodies.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2397, Maddox.  Anatomical gifts.
   (1) Existing law provides that the coroner shall have the right to
retain tissues of the body removed at the time of autopsy as may, in
the opinion of the coroner, be necessary or advisable for scientific
investigation unless certain conditions are met.  Existing law
further provides that these tissues may be submitted by the coroner
to specified entities for training, educational, or research
purposes.
   This bill would provide that a coroner shall also have the right
to retain tissues of the body acquired during a coroner's
investigation.  It would authorize a coroner to release parts of the
body, as defined, to the entities specified for scientific
investigation and training either upon the consent of the decedent or
other authorized person, or after a reasonable effort has been made
to locate and inform authorized persons of their option to consent or
object to the release, and one of those persons consents or that
effort has been unsuccessful.  It would also specify the actions that
would constitute a reasonable effort for purposes of these
provisions.
   (2) Existing law, the Uniform Anatomical Gift Act, authorizes the
coroner or medical examiner or local public health officer to release
and permit the removal of a part from a body within that official's
custody for transplantation, therapy, or reconditioning when certain
requirements are met.  One of these requirements is that a reasonable
effort has been made to locate and inform authorized persons of
their option to make, or object to making, an anatomical gift, and
specifies that a reasonable effort shall be deemed to have been made
when a search for the persons has been underway for at least 12
hours.
   This bill would specify the actions that a search would include
for purposes of these provisions.
   (3) Existing law provides that if an anatomical gift is made to a
designated donee, the document of gift, or a copy, may be delivered
to the donee and may be deposited in any hospital, procurement
organization, or registry office that accepts it for safekeeping or
for facilitation of procedures after death.
   This bill would instead authorize the deposit of the document of
gift in any hospital, accredited medical or dental school, college,
or university, or, in the event that the gift is for transplantation
or therapy only, to a procurement organization.
   (4) Existing law provides that if a donee accepts an anatomical
gift of an entire body, the donee, subject to the terms of the gift,
may allow embalming and use of the body in funeral services.
   The bill would require the donee, upon request of specified
persons, to return the cremated remains of the donor at no cost to
the person requesting the remains, and would make it a crime for a
person to knowingly return the cremated remains of a person other
than the donor to a person requesting the remains.  By creating a new
crime, this bill would impose a state-mandated local program.
  (5) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


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


  SECTION 1.  Section 27491.45 of the Government Code is amended to
read:
   27491.45.  (a) (1) The coroner shall have the right to retain
parts of the body, as defined in subdivision (g) of Section 7150.1 of
the Health and Safety Code, removed at the time of autopsy or
acquired during a coroner's investigation as may, in the opinion of
the coroner, be necessary or advisable for scientific investigation
and training.  The coroner may employ or use outside laboratories,
hospitals, or research institutions in the conduct of the coroner's
scientific investigation or training.
   (2) Parts of the body retained pursuant to paragraph (1) may be
released by the coroner to hospitals, medical educational research
institutions, and law enforcement agencies for noncoroner training,
educational, and research purposes, either upon consent of the
decedent or other person, as specified in Section 7151 of the Health
and Safety Code, or after a reasonable effort has been made to locate
and inform persons listed in subdivision (a) of Section 7151 of the
Health and Safety Code of their option to consent or object to the
release, and the appropriate person consents or that effort has been
unsuccessful.  A reasonable effort shall be deemed to have been made
when a search for the persons has been underway for at least 12
hours.  The search shall include a check of local police missing
persons records, examination of personal effects, and the questioning
of any persons visiting the decedent before his or her death or in
the hospital, accompanying the decedent's body, or reporting the
death, in order to obtain information that might lead to the location
of any persons listed in subdivision (a) of Section 7151 of the
Health and Safety Code.
   (b) The coroner may, in his or her discretion, allow removal of
parts of the body by a licensed physician and surgeon or trained
transplant technician for transplant, or therapeutic, or scientific
purposes pursuant to Chapter 3.5 (commencing with Section 7150) of
Part 1 of Division 7 of the Health and Safety Code, only if the
following conditions are met:
   (1) The provision of the part will not unnecessarily mutilate the
body or interfere with the autopsy.
   (2) The decedent or other person, as specified in Section 7151 of
the Health and Safety Code, has consented to the provision of the
part, as prescribed by Section 7154 of the Health and Safety Code, or
after a reasonable effort has been made to locate and inform persons
listed in subdivision (a) of Section 7151 of the Health and Safety
Code of their option to consent or object to the release, and the
appropriate person consents, or that effort has been unsuccessful.  A
reasonable effort shall be deemed to have been made when a search
for the persons has been underway for at least 12 hours.  The search
shall include a check of local police missing persons records,
examination of personal effects, and the questioning of any persons
visiting the decedent before his or her death or in the hospital,
accompanying the decedent's body, or reporting the death, in order to
obtain information that might lead to the location of any persons
listed in subdivision (a) of Section 7151 of the Health and Safety
Code.  In obtaining this gift, the coroner shall notify the donor of
the specific part or parts requested and shall obtain the donor's
informed consent, as provided in Section 7150.5 or 7151 of the Health
and Safety Code.
   (c) Nothing in this section shall be construed as limiting any
right provided for in Section 7152 of the Health and Safety Code.
   (d) For purposes of this section, "trained transplant technician"
means a person who has completed training in tissue removal for
transplant or therapeutic, or scientific purposes, which the coroner
determines to be adequate for the purposes.
  SEC. 2.  Section 7151.5 of the Health and Safety Code is amended to
read:
   7151.5.  (a) Except as provided in Section 7152, the coroner or
medical examiner may release and permit the removal of a part from a
body within that official's custody, for transplantation, therapy, or
reconditioning, if all of the following occur:
   (1) The official has received a request for the part from a
hospital, physician, surgeon, or procurement organization or, in the
case of a pacemaker, from a person who reconditions pacemakers.
   (2) A reasonable effort has been made to locate and inform persons
listed in subdivision (a) of Section 7151 of their option to make,
or object to making, an anatomical gift.  Except in the case where
the useful life of the part does not permit, a reasonable effort
shall be deemed to have been made when a search for the persons has
been underway for at least 12 hours.  The search shall include a
check of local police missing persons records, examination of
personal effects, and the questioning of any persons visiting the
decedent before his or her death or in the hospital, accompanying the
decedent's body, or reporting the death, in order to obtain
information that might lead to the location of any persons listed in
subdivision (a) of Section 7151.
   (3) The official does not know of a refusal or contrary indication
by the decedent or objection by a person having priority to act as
listed in subdivision (a) of Section 7151.
   (4) The removal will be by a physician, surgeon, or technician;
but in the case of eyes, by one of them or by an enucleator.
   (5) The removal will not interfere with any autopsy or
investigation.
   (6) The removal will be in accordance with accepted medical
standards.
   (7) Cosmetic restoration will be done, if appropriate.
   (b) Except as provided in Section 7152, if the body is not within
the custody of the coroner or medical examiner, a hospital may
release and permit the removal of a part from a body if the hospital,
after a reasonable effort has been made to locate and inform persons
listed in subdivision (a) of Section 7151 of their option to make,
or object to making, an anatomical gift, determines and certifies
that the persons are not available.  A search for the persons listed
in subdivision (a) of Section 7151 may be initiated in anticipation
of death, but, except in the case where the useful life of the part
does not permit, the determination may not be made until the search
has been underway for at least 12 hours.  The search shall include a
check of local police missing persons records, examination of
personal effects, and the questioning of any persons visiting the
decedent before his or her death or in the hospital, accompanying the
decedent's body, or reporting the death, in order to obtain
information that might lead to the location of any persons listed in
subdivision (a) of Section 7151.
   (c) Except as provided in Section 7152, if the body is not within
the custody of the coroner or medical examiner or a hospital, the
local public health officer may release and permit the removal of any
part from a body in the local public health officer's custody for
transplantation, therapy, or reconditioning if the requirements of
subdivision (a) are met.
   (d) An official or hospital releasing and permitting the removal
of a part shall maintain a permanent record of the name of the
decedent, the person making the request, the date and purpose of the
request, the part requested, any required written or recorded
telephonic consent, and the person to whom it was released.
   (e) In the case of corneal material to be used for the purpose of
transplantation, the official releasing and permitting the removal of
the corneal material and the requesting entity shall obtain and keep
on file for not less than three years a copy of any one of the
following:
   (1) A dated and signed written consent by the donor or any other
person specified in Section 7151 on a form that clearly indicates the
general intended use of the tissue and contains the signature of at
least one witness.
   (2) Proof of the existence of a recorded telephonic consent by the
donor or any person specified in Section 7151 in the form of an
audio tape recording of the conversation or a transcript of the
recorded conversation, which indicates the general intended use of
the tissue.
   (3) A document recording a verbal telephonic consent by the donor
or any other person specified in Section 7151, witnessed and signed
by no less than two members of the requesting entity, hospital, eye
bank, or procurement organization, memorializing the consenting
person's knowledge of and consent to the general intended use of the
gift.
   These requirements are necessary only if the official agency
chooses to participate in the transfer of corneal tissue with the
requesting entity.
   (f) Neither the coroner nor medical examiner authorizing the
removal of a body part or tissue, nor any hospital, medical center,
tissue bank, storage facility, or person acting upon the request,
order, or direction of the coroner or medical examiner in the removal
of a body part or tissue pursuant to this section, shall incur civil
liability for the removal in an action brought by any person who did
not object prior to the removal of the body part or tissue, nor be
subject to criminal prosecution for the removal of the body part or
tissue pursuant to this section.
  SEC. 3.  Section 7153 of the Health and Safety Code is amended to
read:
   7153.  (a) Only the following persons may become donees of
anatomical gifts for the purposes stated:
   (1) A hospital, physician, surgeon, or procurement organization,
for transplantation, therapy, medical or dental education, research,
or advancement of medical or dental science.
   (2) An accredited medical or dental school, college, or university
for education, research, or advancement of medical or dental
science.
   (3) A designated individual for transplantation or therapy needed
by that individual.
   (4) In the case of a pacemaker, a person who reconditions
pacemakers.
   (b) An anatomical gift may be made to a designated donee or
without designating a donee.  If a donee is not designated or if the
donee is not available or rejects the anatomical gift, the anatomical
gift may be accepted by any hospital or, in the case of a pacemaker,
the pacemaker may be accepted by any person who reconditions
pacemakers.
   (c) If the donee knows of the decedent's refusal or contrary
indications to make an anatomical gift or that an anatomical gift by
a member of a class having priority to act is opposed by a member of
the same class or a prior class under subdivision (a) of Section
7151, the donee may not accept the anatomical gift.
  SEC. 4.  Section 7153.5 of the Health and Safety Code is amended to
read:
   7153.5.  (a) Delivery of a document of gift during the donor's
lifetime is not required for the validity of an anatomical gift.
   (b) If an anatomical gift is made to a designated donee, the
document of gift, or a copy, may be delivered to the donee to
expedite the appropriate procedures after death.  The document of
gift, or a copy, may be deposited in any hospital, accredited medical
or dental school, college, or university, or, in the event that the
gift is for transplantation or therapy only, to a procurement
organization that accepts it for safekeeping or for facilitation of
procedures after death.  On request of an interested person, upon or
after the donor's death, the person in possession shall allow the
interested person to examine or copy the document of gift.
  SEC. 5.  Section 7154 of the Health and Safety Code is amended to
read:
   7154.  (a) Rights of a donee created by an anatomical gift are
superior to rights of others except with respect to autopsies under
subdivision (b) of Section 7155.5.  A donee may accept or reject an
anatomical gift.  If a donee accepts an anatomical gift of an entire
body, the donee, subject to the terms of the gift, may allow
embalming and use of the body in funeral services.  If the gift is of
a part of a body or a pacemaker, the donee, upon the death of the
donor and before embalming, shall cause the part or pacemaker to be
removed without unnecessary mutilation.  After removal of the part or
pacemaker, custody of the remainder of the body vests in the person
specified in Section 7100.
   (b) The time of death must be determined by a physician or surgeon
who attends the donor at death or, if none, the physician or surgeon
who certifies the death.  Neither the physician or surgeon who
attends the donor at death nor the physician or surgeon who
determines the time of death may participate in the procedures for
removing or transplanting a part unless the document of gift
designates a particular physician or surgeon pursuant to subdivision
(d) of Section 7150.5.
   (c) If there has been an anatomical gift, a technician may remove
any donated parts and an enucleator may remove any donated eyes or
parts of eyes, after determination of death by a physician or
surgeon.
   (d) For all donations made pursuant to an document of gift
executed after January 1, 2001, following the final disposition of
the remains of the donor, upon request of a person specified in
Section 7100, the donee shall return the cremated remains of the
donor at no cost to the person specified in  Section 7100, unless the
donor has previously designated otherwise in the document of gift.
A person who knowingly returns the cremated remains of a person other
than the donor to a person specified in Section 7100 shall be
punished by imprisonment in the county jail for not more than one
year.
  SEC. 6.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.