Section 7151.36 Of Chapter 3.5. Uniform Anatomical Gift Act From California Health And Safety Code >> Division 7. >> Part 1. >> Chapter 3.5.
7151.36
. (a) A hospital, physician and surgeon, procurement
organization, or other person shall not determine the ultimate
recipient of an anatomical gift based solely upon a potential
recipient's status as a qualified patient, as defined in Section
11362.7, or based solely upon a positive test for the use of medical
marijuana by a potential recipient who is a qualified patient, as
defined in Section 11362.7, except to the extent that the qualified
patient's use of medical marijuana 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) 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.
(d) This section shall not be deemed to require referrals or
recommendations for, or the performance of, medically inappropriate
organ transplants.