Section 7150.65 Of Chapter 3.5. Uniform Anatomical Gift Act From California Health And Safety Code >> Division 7. >> Part 1. >> Chapter 3.5.
7150.65
. (a) When a hospital refers an individual at or near death
to a procurement organization, the organization shall make a
reasonable search of the records of the Donate Life California Organ
and Tissue Donor Registry and any donor registry that it knows exists
for the geographical area in which the individual resides to
ascertain whether the individual has made an anatomical gift.
(b) A procurement organization shall be allowed reasonable access
to information in the records of the Donate Life California Organ and
Tissue Donor Registry to ascertain whether an individual who is at
or near death is a donor. Personally identifiable information on a
donor registry about a donor shall not be used or disclosed without
the express consent of the donor or the person that made the
anatomical gift for any purpose other than to determine, at or near
death of the donor or a prospective donor, whether the donor or
prospective donor has made, amended, or revoked an anatomical gift. A
procurement organization shall not sell the information obtained
from the donor registry. A procurement organization shall also comply
with all state and federal laws with respect to the protection of a
donor's or prospective donor's personally identifiable information.
(c) When a hospital refers an individual at or near death to a
procurement organization, the organization may conduct any reasonable
examination necessary to ensure the medical suitability of a part
that is or could be the subject of an anatomical gift for
transplantation, therapy, research, or education from a donor or a
prospective donor. During the examination period, measures necessary
to ensure the medical suitability of the part may not be withdrawn
unless the hospital or procurement organization knows that the
individual expressed a contrary intent.
(d) Unless prohibited by law other than this chapter, at any time
after a donor's death, the person to which a part passes under
Section 7150.50 may conduct any reasonable examination necessary to
ensure the medical suitability of the body or part for its intended
purpose.
(e) Unless prohibited by law other than this chapter, an
examination under subdivision (c) or (d) may include an examination
of all medical and dental records of the donor or prospective donor.
(f) Upon the death of a minor who was a donor or had signed a
refusal, unless a procurement organization knows the minor is
emancipated, the procurement organization shall conduct a reasonable
search for the parents of the minor and provide the parents with an
opportunity to revoke or amend the anatomical gift or revoke the
refusal.
(g) Upon referral by a hospital under subdivision (a), a
procurement organization shall make a reasonable search for any
person listed in Section 7150.40 having priority to make an
anatomical gift on behalf of a prospective donor. If a procurement
organization receives information that an anatomical gift to any
other person was made, amended, or revoked, it shall promptly advise
the other person of all relevant information.
(h) Subject to subdivision (i) of Section 7150.50, and Section
7151.20, the rights of the person to which a part passes under
Section 7150.50 are superior to the rights of all others with respect
to the part. The person may accept or reject an anatomical gift in
whole or in part. Subject to the terms of the document of gift and
this chapter, a person that accepts an anatomical gift of an entire
body may allow embalming, burial, or cremation, and use of remains in
a funeral service. If the gift is of a part, the person to which the
part passes under Section 7150.50, upon the death of the donor and
before embalming, burial, or cremation, shall cause the part to be
removed without unnecessary mutilation.
(i) Except as provided in subdivision (e) of Section 7150.20,
neither the physician who attends the decedent at death nor the
physician who determines the time of the decedent's death may
participate in the procedures for removing or transplanting a part
from the decedent.
(j) A physician or technician may remove a donated part from the
body of a donor that the physician or technician is qualified to
remove.