BILL NUMBER: AB 2440	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 5, 2010

INTRODUCED BY   Assembly Member Tom Berryhill

                        FEBRUARY 19, 2010

    An act to amend Section 127664 of the Health and Safety
Code, relating to public health.   An act to add Section
7150.16 of the Health and Safety Code, relating t   o
anatomical gifts. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2440, as amended, Tom Berryhill.  Public health: health
care benefits.   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 require an inmate, upon admittance to a state
prison, to complete a form through which the inmate would give or
deny his or her consent to be an organ and tissue donor upon death.
 
   Existing law requests the University of California to establish
the California Health Benefit Review Program to assess legislation
proposing to mandate a benefit or service, as defined, and
legislation proposing to repeal a mandated service or benefit, as
defined, that, if enacted, becomes effective on or after January 1,
2008, and to prepare a written analysis in accordance with specified
criteria. Existing law also requests the University of California to
submit a report to the Governor and the Legislature by January 1,
2010, regarding the implementation of the program.  

   This bill would additionally request the University of California
to submit to the Governor and the Legislature by July 1, 2011, an
evaluation of the accuracy of the medical, public health, and cost
projections and estimates found in the reports it has issued pursuant
to the program prior to December 31, 2009. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

   SECTION 1.    Section 7150.16 is added to the 
 Health and Safety Code   , to read:  
   7150.16.  (a) (1) Upon admittance to a state prison, an inmate
shall be required to complete a form through which the inmate would
give or deny his or her consent to be an organ and tissue donor upon
death. The following statement shall be placed at the top of the
form: "Enroll with Donate Life California Organ and Tissue Donor
Registry."
   (2) The inmate shall be required to check one of the following
answers:
   (A) Yes, add my name to the donor registry.
   (B) I do not wish to register at this time.
   (3) The form shall also contain the following statement:

   "If, on this form, you marked 'Yes' to register as an organ and
tissue donor you are legally authorizing the recovery of organs and
tissues in the event of your death."

   (b) It is the intent of the Legislature to create a process by
which inmates may become organ and tissue donors. It is further the
intent of the Legislature that an inmate's participation in the donor
registry be strictly voluntary, and that no special consideration or
treatment will be provided to an inmate for participation in the
donor registry and no repercussions will result from an inmate's
nonparticipation.  
  SECTION 1.    Section 127664 of the Health and
Safety Code is amended to read:
   127664.  (a) The Legislature requests the University of California
to submit a report to the Governor and the Legislature by January 1,
2014, regarding the implementation of this chapter.
   (b) The Legislature requests the University of California to
submit to the Governor and the Legislature by July 1, 2011, an
evaluation of the medical, public health, and cost projections and
estimates found in the reports it has issued pursuant to this chapter
prior to December 31, 2009.