Bill Text: CA AB2725 | 2021-2022 | Regular Session | Introduced
Bill Title: Coroners: anatomical gifts.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-04-26 - In committee: Hearing postponed by committee. [AB2725 Detail]
Download: California-2021-AB2725-Introduced.html
Introduced by Assembly Member Low |
February 18, 2022 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 27491.44 of the Government Code is amended to read:27491.44.
(a) Notwithstanding any other(a)
(b)
(c)Assist medical and health service agencies in identifying donors of human organs and tissues, for purposes of providing life-enhancing benefits of transplant surgery to recipients under duly sanctioned medical conditions.
(d)Ask the deceased person’s next of kin, at the time of notification of death, whether the deceased was a donor or if the family was a donor family. If not, the coroner is authorized to inform them of their option to donate viable organs and tissues.
(e)
(f)
SEC. 2.
Section 27491.45 of the Government Code is amended to read:27491.45.
(a) (1) The coroner shall have the right to retain parts of the body, as defined in(b)The coroner may, in his or her discretion, allow removal of parts of the body by a licensed physician and surgeon or trained transplant technician for transplant, or therapeutic, or scientific purposes pursuant to Chapter 3.5 (commencing with Section 7150) of Part 1 of Division 7 of the Health and Safety Code, only if the following conditions are met:
(1)The provision of the part will not unnecessarily mutilate the body or interfere with the autopsy.
(2)The decedent or other person, as specified in Section 7151 of the Health and Safety Code, has consented to the provision of the part, as prescribed by Section 7154 of the Health and Safety Code, or after a reasonable effort has been made to locate and inform persons listed in subdivision (a) of Section 7151 of the Health and Safety Code of their option to consent or object to the release, and the appropriate person consents, or that effort has been unsuccessful.
(c)Nothing in this section shall be construed as limiting any right provided for in Section 7152 of the Health and Safety Code.
(d)For purposes of this section, “trained transplant technician” means a person who has completed training in tissue removal for transplant or therapeutic, or scientific purposes, which the coroner determines to be adequate for the purposes.
SEC. 3.
Section 7151.15 of the Health and Safety Code is amended to read:7151.15.
(a) A county coroner shall cooperate with procurement organizations to maximize the opportunity to recover anatomical gifts for the purpose of transplantation, therapy, research, or education.SEC. 4.
Section 7151.20 of the Health and Safety Code is repealed.(a)On request from a qualified procurement organization, the county coroner may permit the removal of organs that constitute an anatomical gift from a decedent who died under circumstances requiring an inquest by the coroner.
(b)If no autopsy is required, the organs to be removed may be released to the qualified procurement organization.
(c)If an autopsy is required and the county coroner determines that the removal of the organs will not interfere with the subsequent course of an investigation or autopsy, the organs may be released for removal. The autopsy shall be performed following the removal of the organs.
(d)If a county coroner is considering withholding one or more organs of a potential donor for any reason, the county coroner, or his or her designee, upon request from a qualified organ procurement organization, shall be present during the procedure to remove the organs. The county coroner, or his or her designee, may request a biopsy of those organs or deny removal of the organs if necessary. If the county coroner, or his or her designee, denies removal of the organs, the county coroner may do any of the following:
(1)In the investigative report, explain in writing the reasons for the denial.
(2)Provide the explanation to the qualified organ procurement organization.
(e)If the county coroner, or his or her designee, is present during the removal of the organs, the qualified procurement organization requesting the removal of the organ shall reimburse the county of the coroner, or his or her designee, for the actual costs incurred in performing the duty specified in subdivision (d), if reimbursement is requested by the county coroner. The payment shall be applied to the additional costs incurred by the county coroner’s office in performing the duty specified in subdivision (d).
(f)The health care professional removing organs from a decedent who died under circumstances requiring an inquest shall file with the county coroner a report detailing the condition of the organs removed and their relationship, if any, to the cause of death.
SEC. 5.
Section 7151.20 is added to the Health and Safety Code, to read:7151.20.
(a) A procurement organization that intends to facilitate the recovery of an anatomical gift from a donor whose death is under investigation pursuant to Section 27491 of the Government Code may remove the donated part from the donor’s body for acceptance by a person authorized to become a donee after giving adequate notice to the county coroner.SEC. 6.
Section 7184.5 of the Health and Safety Code is amended to read:7184.5.
(a)(b)
The protocol described in subdivision (a) shall be subject to approval by the coroner or medical examiner before release or removal of organs and shall provide for the following:
(1)
Relevant information on the deceased to be given to the coroner or deputy coroner at the time of the initial request for permission to recover internal organs, including, but not limited to:
(A)
Information identifying the deceased.
(B)
Date and time of pronouncement of brain death.
(C)
Name of procurement organizations and coordinator.
(D)
Organs requested.
(E)
Organ donor number and hospital.
(F)
Apparent cause and manner of death.
(G)
A brief description of alleged circumstances surrounding the death to the extent they are known at the time.
(H)
The law enforcement agency and the name of the investigating officer handling the case.
(2)
The following information, to be recorded by the organ procurement coordinator at the time of requesting permission for organ removal:
(A)
The name of the deputy coroner contacted.
(B)
The name of the pathologist contacted by the deputy coroner.
(C)
Whether permission for removal was obtained at the time, including the date and time if permission was obtained.
(D)
The coroner’s case number assigned by the deputy coroner.
(E)
If the request for organ removal is refused, the reason given for the refusal.
(3)
A checklist to be completed prior to recovery of any organ by the procurement organization coordinator with the assistance, if necessary, of a physician attending the deceased, that includes, at a minimum, all of the following:
(A)
medical record review to insure documentation of external injuries, fractures, and internal injuries.
(B)
In cases of suspected child abuse, whether:
(i)
A child abuse consult was obtained.
(ii)
A computerized axial tomographic scan or magnetic resonance image of the head was obtained.
(iii)
A radiological skeletal survey was done.
(iv)
The presence or absence of visible injury to the back of the scalp, ears, nose, and mouth, or retinal hemorrhage has been documented.
(v)
A coagulation screen report was in the deceased’s records.
(C)
A photographic record of visible external injuries.
(D)
Admitting blood sample, if available, and the date and time the sample was drawn.
(4)
A checklist of items to be provided to the coroner’s office when the deceased’s body is released after completion of organ recovery, including, but not limited to, all of the following:
(A)
A copy of the deceased’s medical records.
(B)
Film documenting abnormal findings, if used.
(C)
The information recorded pursuant to the requirements of this subdivision.
(D)
A sample of the deceased’s blood, if taken on admission.
(5)
A form, completed by the physician and surgeon, technician, or team performing the organ recovery procedure and signed by the physician and surgeon, that describes in sufficient detail all of the following:
(A)
Tests used to determine the suitability for transplantation of all organs recovered.
(B)
Documentation of injuries and other abnormalities, if any, noted or occurring during the organ recovery procedure.
(C)
The date and time organ recovery was started.
(D)
Any other information on the state of the deceased’s body or organs that the physician and surgeon, technician, or team believes may assist the coroner in his or her investigation or inquiry.
(c)
The requirements of subdivision (a) shall not apply in any county that does not have a Level II trauma facility, as defined in Section 1798.160 and the regulations adopted pursuant thereto.
(d)
Notwithstanding any other provision of law, a health care provider may release the information described in this section to the procurement organization, the coroner, or the medical examiner.
(e)
For purposes of this section, “organ” or “organs” means internal whole organs, including, but not limited to, the heart, kidneys, the liver, and lungs, but does not include eyes, skin, or other similar tissue.