Section 7151.35 Of Chapter 3.5. Uniform Anatomical Gift Act From California Health And Safety Code >> Division 7. >> Part 1. >> Chapter 3.5.
7151.35
. (a) No hospital, physician and surgeon, procurement
organization, or other person shall determine the ultimate recipient
of an anatomical gift based upon a potential recipient's physical or
mental disability, except to the extent that the physical or mental
disability has been found by a physician and surgeon, following a
case-by-case evaluation of the potential recipient, to be medically
significant to the provision of the anatomical gift.
(b) Subdivision (a) shall apply to each part of the organ
transplant process. The organ transplant process includes, but is not
limited to, all of the following:
(1) The referral from a primary care provider to a specialist.
(2) The referral from a specialist to a transplant center.
(3) The evaluation of the patient for the transplant by the
transplant center.
(4) The consideration of the patient for placement on the official
waiting list.
(c) A person with a physical or mental disability shall not be
required to demonstrate postoperative independent living abilities in
order to have access to a transplant if there is evidence that the
person will have sufficient, compensatory support and assistance.
(d) The court shall accord priority on its calendar and handle
expeditiously any action brought to seek any remedy authorized by law
for purposes of enforcing compliance with this section.
(e) This section shall not be deemed to require referrals or
recommendations for, or the performance of, medically inappropriate
organ transplants.
(f) As used in this section "disabilities" has the same meaning as
used in the federal Americans with Disabilities Act of 1990 (42
U.S.C. Sec. 12101 et seq., P.L. 101-336).