BILL ANALYSIS Ó
AB 2399
Page 1
Date of Hearing: May 7, 2014
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 2399 (John A. Perez) - As Amended: April 24, 2014
Policy Committee:
JudiciaryVote:10-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill authorizes an organ procurement organization to swipe
a driver's license to transmit a donor's personal information to
the organ and tissue donor register. Specifically, this bill:
1)Allows an organ procurement organization to swipe a driver's
license or identification card to transmit information-in
accordance with the DMV Information Security Agreement-to the
Donate Life California Organ and Tissue Donor Registry.
2)Stipulates, consistent with current law, that the organ
procurement organization shall not retain or use the
information for any other purpose.
3)Requires the annual report submitted by the registry to the
State Public Health Officer and the Legislature regarding the
organ donation registry to include aggregated date of donors
as may be determined by the information transmitted pursuant
to (1).
FISCAL EFFECT
Negligible fiscal impact to the DMV.
COMMENTS
1)Background . The Uniform Anatomical Gift Act allows a person to
make a gift of his or her body (or any part, organ, or tissue)
for the purpose of performing transplants or for medical
research or educational purposes. Since its enactment in
1988, most donor registrations have occurred through the DMV,
AB 2399
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when someone applies for, or renews, a driver's license or
identification card. SB 112 (Speier)/Statutes of 2003,
authorized four non-profit "organ procurement organizations"
to establish and maintain the Donate Life California (DLC)
Organ and Tissue Donor Registry (Registry).
Most donor registrations still occur at the time of license
application or renewal. Online registration is available, but
seldom used. The donor procurement organizations also
proactively register donors through outreach at a variety of
community events, often by setting up informational tables to
collect and record information from donors on paper forms,
which is subsequently entered into the Registry. This existing
paper-form system has its drawbacks in terms of the time
involved in getting the information to the Registry and the
potential for inaccurate transfer of data.
2)Purpose . This bill allows the use of electronic swiping and
transmission to provide faster and more accurate transfer of
data to the Registry. The same information that is on the
front of the license can be scanned from the magnetic stripe,
even using a device that attaches to a smart phone, and sent
to the Registry in real time.
Pursuant to the legislation creating the donor registry, DLC
became an official state partner of the DMV. As such, it must
adhere to the Department's Information Security Agreement,
which incorporates information security standards promulgated
by the National Institute of Standards and Technology (NIST).
This bill does not increase the donor procurement
organization's authority to register organ donors, only the
means by which that data can be collected.
Analysis Prepared by : Chuck Nicol / APPR. / (916) 319-2081