Today's Law As Amended


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SB-1419 Uniform Anatomical Gift Act: prison inmates.(2015-2016)



As Amends the Law Today


SECTION 1.

 Section 7150.16 is added to the Health and Safety Code, to read:

7150.16.
 (a) The Department of Corrections and Rehabilitation shall develop and adopt a form that will allow a prisoner in the custody of the department to elect to make an anatomical gift in the event of his or her death. The form shall be included in the prisoner’s central file maintained by the department. The form shall be titled “Document of Gift—Donate Life California Organ and Tissue Donor Registry,” shall be a document of gift as defined in paragraph (6) of subdivision (a) of Section 7150.10, and shall include, at a minimum, all of the following characteristics:
(1) Clearly indicates the prisoner’s election to be added to the donor registry.
(2) Allows the prisoner to designate whether the prisoner would like to donate his or her organs or tissues for transplantation or research, or both.
(3) Allows the prisoner to state any donation limitation specifying the organs and tissues that the prisoner does not provide legal consent to be recovered.
(4) Contains an advisement that states all of the following:
(A) Electing to make an anatomical gift is completely voluntary.
(B) There are no repercussions for declining to, or benefits for agreeing to, elect to make an anatomical gift.
(C) The prisoner may consult with a medical professional or counselor about his or her decision.
(D) The prisoner may revoke his or her election to make an anatomical gift at any time, as described in subdivision (d).
(5) Contains a statement notifying the prisoner that by signing or placing his or her mark on the form, the prisoner is legally authorizing the recovery of his or her organs or tissues for the uses described in this chapter in the event of his or her death.
(6) Contains the prisoner’s signature, or mark if the prisoner cannot write.
(b) The form described in subdivision (a) shall be presented to the prisoner upon his or her first admittance into the state prison system, and the prisoner may elect to sign it or refuse to sign it at that time.
(c) The form described in subdivision (a) shall be made available for completion and signature at the prisoner’s request, consistent with the policies and procedures of the Department of Corrections and Rehabilitation.
(d) A prisoner may revoke his or her election to make an anatomical gift at any time by delivery of a written statement to the official in charge of the facility where the prisoner is confined. Upon receipt of that statement, the Department of Corrections and Rehabilitation shall mark the document of gift described in subdivision (a) as revoked and shall retain the revoked document of gift and the statement received pursuant to this subdivision in the prisoner’s central file.