Chapter 3.55. Organ And Tissue Donation Information And Procedures of California Health And Safety Code >> Division 7. >> Part 1. >> Chapter 3.55.
(a) The Controller shall prepare, or cause to be prepared, an
organ donor information brochure for insertion in all payroll
warrants issued by the Controller for the March 1999 pay period, and
for every March pay period thereafter, in recognition of National
Organ and Tissue Awareness Week, which occurs in April of each year.
(b) In lieu of developing an organ donor brochure pursuant to
subdivision (a), the Controller may use a brochure developed by a
regional organ donor organization. The Controller shall screen for
appropriateness for wide distribution.
(a) As a part of its ongoing audit and review process, the
Licensing and Certification Division of the State Department of
Health Services shall audit for the existence of organ and tissue
procurement procedures for all inpatient hospital facilities. The
audit shall include a determination of whether these procedures are
in place in the facility, whether the procedures are operational and
functioning, and whether the procedures are being used. The
department shall not be required to audit for the effectiveness of
the procedures. No additional audits shall be required for purposes
of this section. Instead, the department shall add an organ and
tissue audit element to its regular ongoing audits of inpatient
(b) For purposes of this chapter, "organ and tissue procurement
procedures" shall include protocols required to be developed pursuant
to Section 7184. The audit criteria shall, at a minimum, include all
of the following:
(1) That the protocols have been developed.
(2) That the protocols are operational.
(3) That notification requirements to next of kin or other
individuals as set forth in Section 7151 and to organ procurement
organizations are within a timeframe that is consistent with the
maintenance of the organs for the purpose of transplantation.
(c) The absence of any of the required organ and tissue
procurement procedures at any facility shall be noted by the
division, and included in a written audit report or site review
summary. In the event that an audit or facility review is conducted
in conjunction with review by a national accreditation agency, and
that agency prepares a report, the department shall request that the
information required by this section with respect to organ and tissue
procurement procedures be included in the report prepared by the
national accreditation agency. In this event, the department shall
not be required to prepare a separate report.
Every health care service plan contract that is issued,
amended, delivered, or renewed on or after July 1, 1999, shall
provide, upon enrollment and annually thereafter, a notice to
subscribers in the evidence of coverage, health plan newsletter, or
any direct plan communication to subscribers, information regarding
organ donation options. This notice shall inform subscribers of the
societal benefits of organ donations and the method whereby they may
elect to be an organ or tissue donor.
(a) The following definitions shall apply for purposes of
(1) "Cosmetic surgery" means surgery that is performed to alter or
reshape normal structures of the body in order to improve
(2) "Donee" means a hospital, as defined in paragraph (12) of
subdivision (a) of Section 7150.10, or an organ procurement
organization, as defined in paragraph (16) of subdivision (a) of
Section 7150.10, or a tissue bank licensed pursuant to Chapter 4.1
(commencing with Section 1635) of Division 2.
(3) "Reconstructive surgery" means surgery performed to correct or
repair abnormal structures of the body caused by congenital defects,
developmental abnormalities, trauma, infection, tumors, or disease
to do either of the following:
(A) To improve function.
(B) To create a normal appearance, to the extent possible.
(b) For purposes of accepting anatomical gifts, as defined in
paragraph (3) of subdivision (a) of Section 7150.10, a donee shall do
all of the following:
(1) Revise existing informed consent forms and procedures to
advise a donor or, if the donor is deceased, the donor's
representative, that tissue banks work with both nonprofit and
for-profit tissue processors and distributors, that it is possible
that donated skin may be used for cosmetic or reconstructive surgery
purposes, and that donated tissue may be used for transplants outside
of the United States.
(2) The revised consent form or procedure shall separately allow
the donor or donor's representative to withhold consent for any of
(A) Donated skin to be used for cosmetic surgery purposes.
(B) Donated tissue to be used for applications outside of the
(C) Donated tissue to be used by for-profit tissue processors and
(3) A donee shall be deemed to have complied with paragraph (2) by
designating tissue that has been donated with specific restrictions
on its use. Once the donee transfers the tissue to a separate entity,
the donee's responsibility for compliance with any restrictions on
the tissue ceases.
(4) The donor may recover, in a civil action against any
individual or entity that fails to comply with this subdivision,
civil penalties to be assessed in an amount not less than one
thousand dollars ($1,000) and not more than five thousand dollars
($5,000), plus court costs, as determined by the court. A separate
penalty shall be assessed for each individual or entity that fails to
comply with this subdivision. Any civil penalty provided under this
paragraph shall be in addition to any license revocation or
suspension, if appropriate, authorized under subdivision (c).
(5) If the consent of the donor or donor's representative is
obtained in writing, the donee shall offer to provide the donor or
donor's representative with a copy of the completed consent form. If
consent is obtained by telephone, the donee shall advise the donor or
donor's representative that the conversation will be audio recorded
for verification and enforcement purposes, and shall offer to provide
the donor or donor's representative with a written copy of the
recorded telephonic consent form.
(c) Violation of this section by a licensed health care provider
constitutes unprofessional conduct.
(d) This section shall not apply to the removal of sperm or ova
pursuant to Section 2260 of the Business and Professions Code.