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AB-1045 Driver’s licenses: bone marrow and blood stem cell registry.(2021-2022)

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Date Published: 01/04/2022 09:00 PM
AB1045:v97#DOCUMENT

Revised  January 11, 2022
Amended  IN  Assembly  January 04, 2022
Amended  IN  Assembly  July 15, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1045


Introduced by Assembly Member Low
(Coauthor: Assembly Member Berman)

February 18, 2021


An act to add Section 12811.4 to the Vehicle Code, relating to driver’s licenses.


LEGISLATIVE COUNSEL'S DIGEST


AB 1045, as amended, Low. Driver’s licenses: bone marrow and blood stem cell registry.
Existing law, the Uniform Anatomical Gift Act, authorizes the creation of a not-for-profit entity to be designated as the California Organ and Tissue Donor Registrar and requires that entity to establish and maintain the Donate Life California Organ and Tissue Donor Registry for persons who have identified themselves as organ and tissue donors upon their death. Existing law requires the Department of Motor Vehicles, upon issuance of a new driver’s license or a renewal of a driver’s license or the issuance of an identification card, to provide information on organ and tissue donation. Existing law requires an application for an original or renewal driver’s license or identification card to contain a space for the applicant to enroll in the Donate Life California Organ and Tissue Donor Registry, and requires the Department of Motor Vehicles to verbally ask an in-person applicant for an original or renewal driver’s license or identification card if they wish to enroll. Registry.
This bill would enact Charlie’s Law to require an electronic application for an original or renewal driver’s license or identification card to contain a solicitation for the applicant to enroll in the National Marrow Donor Program’s registry as a bone marrow or blood stem cell donor through a redirect link to the National Marrow Donor Program’s online application. The bill would require the Department of Motor Vehicles to verbally ask certain in-person applicants for an original or renewal driver’s license or identification card if they wish to enroll in that donor. The bill would provide that an applicant’s election to enroll in the National Marrow Donor Program’s registry constitutes consent to their information being transmitted to the National Marrow Donor Program for the purposes of completing enrollment in the registry. The bill would require the department to enter into a memorandum of understanding with the National Marrow Donor Program, as specified, and to transmit weekly specified applicant information to the registry. them. The bill would also make related findings and declarations.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 The Legislature finds and declares all of the following:
(a) In 1987, Congress established a national registry of bone marrow donors, and since its inception, Congress has entrusted the operation of the nation’s registry to the National Marrow Donor Program.
(b) In order to ensure that all patients have an equal chance of finding a match regardless of racial or ethnic background, there is a specific need to increase awareness among African Americans, Latinx, Asian and Pacific Islanders, Native Americans, and other underrepresented groups.
(c) Patients’ lives, not only in California, but globally, depend on Californians’ willingness to become a potential donor. The State of California will provide education and awareness to empower its citizens to become lifesaving bone marrow donors.
(d) The bone marrow registration process is simple and requires completing a medical questionnaire and a cheek swab.

SEC. 2.

 Section 12811.4 is added to the Vehicle Code, to read:

12811.4.
 (a) This section shall be known, and may be cited, as Charlie’s Law.
(b) (1)An electronic application for an original or renewal driver’s license or identification card shall contain a solicitation for the applicant to enroll in the registry operated by the National Marrow Donor Program. The application shall include a question regarding enrollment pursuant to subdivision (c) and check boxes for an applicant to mark either of the following:

(A)

(1) Yes, I would like to enroll in the registry to be a potential bone marrow or blood stem cell donor. Please redirect me to the National Marrow Donor Program online enrollment page to complete a health questionnaire and email me a link to complete my enrollment. I consent to my information being shared with the National Marrow Donor Program for the purposes of enrollment. I understand that I am not enrolled at this time and must complete the National Marrow Donor Program enrollment forms and cheek swab to be a registered bone marrow donor. I am aware that after enrollment, if matched, I have the ability to refuse to donate at any point.

(B)

(2) No, I do not wish to enroll at this time.

(2)The department shall inquire verbally of an applicant who is between 18 and 40 years of age, inclusive, applying in person for an original or renewal driver’s license or identification card at a department office as to whether the applicant wishes to become a potential bone marrow or blood stem cell donor by enrolling in the National Marrow Donor Program’s registry. Failure or refusal to answer this question or check a box on the written or electronic application form shall not be a basis for the department to deny an applicant a driver’s license or identification card.

(c) An applicant who elects applicant’s election to enroll in the National Marrow Donor Program registry’s shall be automatically redirected Program’s registry shall constitute consent to their information being transmitted to the National Marrow Donor Program online application after for the purposes of completing enrollment in the registry. After submitting their electronic application for an original or renewal driver’s license or identification card and card, the applicant shall receive a link follow-up communication to complete their the National Marrow Donor Program online application in the emailed confirmation or receipt for their electronic application for an original or renewal driver’s license or identification card. application.
(d) The department shall enter into a memorandum of understanding with the National Marrow Donor Program to mutually agree upon both of the following:
(1) The language of the question of enrollment required by paragraph (1) of subdivision (b). The language may define enrollment and donor requirements, and may provide the corresponding disclosures.
(2) The language and link included in the emailed confirmation or receipt for their electronic application for an original or renewal driver’s license or identification card and the language and link included on the redirect page, as of the follow-up communication described in subdivision (c).
(e) On a weekly basis, the department shall electronically transmit to the National Marrow Donor Program all of the following information from every application that indicates the applicant’s intent to enroll as a potential bone marrow or blood stem cell donor:
(1) The applicant’s true full name.
(2) The applicant’s residence or mailing address.
(3) The applicant’s date of birth.
(4) The applicant’s telephone number.
(5) The applicant’s email address.
(f) The enrollment form shall be posted on the internet websites of the department and the California Health and Human Services Agency. Agency shall post the enrollment form on their internet websites.
(g) Enrollment in the National Marrow Donor Program registry through the department does not constitute a legal document pursuant to the Uniform Anatomical Gift Act (Chapter 3.5 (commencing with Section 7150) of Part 1 of Division 7 of the Health and Safety Code) and does not require registrants to donate if they are matched.
(h) Information obtained by the National Marrow Donor Program shall be used only for registry operations consistent with the informed consent of the applicant.
(i) A public entity or its employee shall not be liable for loss, detriment, or injury resulting directly or indirectly from false or inaccurate information contained in the enrollment form provided pursuant to this section.

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REVISIONS:
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