Section 7151.10 Of Chapter 3.5. Uniform Anatomical Gift Act From California Health And Safety Code >> Division 7. >> Part 1. >> Chapter 3.5.
7151.10
. (a) As used in this section the following terms have the
following meanings:
(1) "Advance health care directive" means a power of attorney for
health care or a record signed by a prospective donor containing the
prospective donor's direction concerning a health care decision for
the prospective donor.
(2) "Declaration" means a record signed by a prospective donor
specifying the circumstances under which a life-support system may be
withheld or withdrawn from the prospective donor.
(3) "Health care decision" means any decision made regarding the
health care of the prospective donor.
(b) If a prospective donor has a declaration or advance health
care directive and the terms of the declaration or directive and the
express or implied terms of a potential anatomical gift are in
conflict with regard to the administration of measures necessary to
ensure the medical suitability of a part for transplantation or
therapy, the prospective donor's attending physician and prospective
donor shall confer to resolve the conflict. If the prospective donor
is incapable of resolving the conflict, an agent acting under the
prospective donor's declaration or directive, or, if none, or the
agent is not reasonably available, another person authorized by law
other than this chapter to make health care decisions on behalf of
the prospective donor, shall act for the donor to resolve the
conflict. The conflict shall be resolved as expeditiously as
possible. Information relevant to the resolution of the conflict may
be obtained from the appropriate procurement organization and any
other person authorized to make an anatomical gift for the
prospective donor under Section 7150.40. Before resolution of the
conflict, measures necessary to ensure the medical suitability of the
part shall not be withheld or withdrawn from the prospective donor
if withholding or withdrawing the measures is not contraindicated by
appropriate end-of-life care.