Section 7158.3 Of Chapter 3.55. Organ And Tissue Donation Information And Procedures From California Health And Safety Code >> Division 7. >> Part 1. >> Chapter 3.55.
7158.3
. (a) The following definitions shall apply for purposes of
this section:
(1) "Cosmetic surgery" means surgery that is performed to alter or
reshape normal structures of the body in order to improve
appearance.
(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
the following:
(A) Donated skin to be used for cosmetic surgery purposes.
(B) Donated tissue to be used for applications outside of the
United States.
(C) Donated tissue to be used by for-profit tissue processors and
distributors.
(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.