AB 2399, as amended, John A. Pérez. Organ and tissue donor registry: driver’s license information.
The Uniform Anatomical Gift Act authorizes specified state organ procurement organizations to establish a not-for-profit entity designated the California Organ and Tissue Donor Registrar, and requires that entity to establish and maintain the Donate Life California Organ and Tissue Donor Registry. The act requires the registrar to submit an annual written report to the State Public Health Officer and the Legislature with specified information, including the general characteristics of donors as may be determined by information provided on donor registry forms.
Existing law authorizes a business to swipe a driver’s license or identification card issued by the Department of Motor Vehicles in any electronic device for prescribed verification and informational purposes. Existing law prohibits a business that swipes a driver’s license or identification card in an electronic device from maintaining or using that information for any other purpose. A violation of those provisions is a misdemeanor.
This bill would authorize an organ procurement organization, as defined, to swipe a driver’s license or identification card to transmit information to the registry described above for the purpose of allowing an individual to identify himself or herself as a registered organ donorbegin insert, subject to a specified procedureend insert. The bill would require that information gathered or transmitted pursuant to this authorization comply with the Department of Motor Vehicles Information Security Agreement. The bill would revise the reference to general characteristics of donors, described above, to instead refer tobegin delete aggregated dataend deletebegin insert
the nonidentifiable information, as specified,end insert of donors and would require the registrar’s annual report to include thebegin delete aggregated dataend deletebegin insert nonidentifiable informationend insert of donors as may be determined by information transmitted to the registry, as specified. By expanding the types of information that a business may obtain, the unauthorized retention or use of which would be a crime, this bill would impose a state-mandated local program.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 1798.90.1 of the Civil Code is amended
2to read:
(a) (1) A business may swipe a driver’s license or
4identification card issued by the Department of Motor Vehicles in
5any electronic device for the following purposes:
6(A) To verify age or the authenticity of the driver’s license or
7identification card.
8(B) To comply with a legal requirement to record, retain, or
9transmit that information.
10(C) To transmit information to a check service company for the
11purpose of approving negotiable instruments, electronic funds
12transfers, or similar methods of payments,
provided that only the
P3 1name and identification number from the license or the card may
2be used or retained by the check service company.
3(D) To collect or disclose personal information that is required
4for reporting, investigating, or preventing fraud, abuse, or material
5misrepresentation.
6(2) begin insert(A)end insertbegin insert end insert An organ procurement organization may swipe a
7driver’s license or identification card issued by the Department of
8Motor Vehicles in any electronic device to transmit information
9to the Donate Life California Organ and Tissue Donor Registry
10established pursuant to Section
7150.90 of the Health and Safety
11Code for the purposes of allowing an individual to identify himself
12or herself as a registered organ donor. Information gathered or
13transmitted pursuant to this paragraph shall comply with the
14Department of Motor Vehicles Information Security Agreement.
15(B) Prior to swiping a driver’s license or identification card
16issued by the Department of Motor Vehicles, an organ procurement
17organization shall provide clear and conspicuous notice to the
18applicant and shall follow the procedure prescribed in this
19subparagraph:
20(i) Once the applicant’s information is populated on the
21electronic form, the applicant shall verify that the information is
22accurate and shall click “submit” after reading a clear and
23conspicuous consent message, which shall
not be combined with
24or contained within another message, acknowledging that the
25applicant’s information will be used for the sole purpose of being
26added to the registry.
27(ii) The applicant shall provide his or her signature to complete
28registration.
29(iii) The organization or registry system shall provide a written
30confirmation to the applicant confirming that he or she is signed
31up as an organ and tissue donor.
32(3) A business or organ procurement organization shall not
33retain or use any of the information obtained by that electronic
34means for any purpose other than as provided herein.
35(b) As used in this section:
36(1) “Business” means a proprietorship, partnership, corporation,
37or any other form of commercial enterprise.
38(2) “Organ procurement organization” means a person
39designated by the Secretary of the federal Department of Health
40and Human Services as an organ procurement organization.
P4 1(c) A violation of this section constitutes a misdemeanor
2punishable by imprisonment in a county jail for no more than one
3year, or by a fine of no more than ten thousand dollars ($10,000),
4or by both.
Section 7150.90 of the Health and Safety Code is
6amended to read:
(a) The California organ procurement organizations
8designated pursuant to Section 273 and following of Title 42 of
9the United States Code, are hereby authorized to establish a
10not-for-profit entity that shall be designated the California Organ
11and Tissue Donor Registrar, which shall establish and maintain
12the California Organ and Tissue Donor Registry, to be known as
13the Donate Life California Organ and Tissue Donor Registry. The
14registry shall contain information regarding persons who have
15identified themselves as organ and tissue donors upon their death.
16The registrar shall be responsible for developing methods to
17increase the number of donors who enroll in the registry.
18(b) The registrar shall make available to the federally designated
19organ procurement organizations (OPOs) in California and the
20state licensed tissue and eye banks information contained in the
21registry regarding potential donors on a 24-hour-a-day,
22seven-day-a-week basis. This information shall be used to expedite
23a match between identified organ and tissue donors and potential
24recipients.
25(c) The registrar may receive voluntary contributions to support
26the registry and its activities.
27(d) The registrar shall submit an annual written report to the
28State Public Health Officer and the Legislature that includes all
29of the following:
30(1) The number of donors on the registry.
31(2) The changes in the number of donors on the registry.
32(3) Thebegin delete aggregated dataend deletebegin insert nonidentifiable information, as specified
33in subparagraph (C) of paragraph (9) of subdivision (b) of Section
3412811 of the Vehicle Code,end insert of donors as may be determined by
35information provided on the donor registry forms pursuant to
36Sections 12811 and 13005 of the Vehicle Code.
37(4) Thebegin delete aggregated dataend deletebegin insert nonidentifiable information,
as specified
38in subparagraph (C) of paragraph (9) of subdivision (b) of Section
3912811 of the Vehicle Code,end insert of donors as may be determined by
40information transmitted to the registry pursuant to Section
P5 11798.90.1 of the Civil Code to identify an individual as a registered
2organ donor.
No reimbursement is required by this act pursuant to
4Section 6 of Article XIII B of the California Constitution because
5the only costs that may be incurred by a local agency or school
6district will be incurred because this act creates a new crime or
7infraction, eliminates a crime or infraction, or changes the penalty
8for a crime or infraction, within the meaning of Section 17556 of
9the Government Code, or changes the definition of a crime within
10the meaning of Section 6 of Article XIII B of the California
11Constitution.
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