Bill Text


Add To My Favorites | print page

SB-108 Organ and tissue donor registry.(2001-2002)

SHARE THIS: share this bill in Facebook share this bill in Twitter
SB108:v92#DOCUMENT

Senate Bill No. 108
CHAPTER 740

An act to add Section 7152.7 to the Health and Safety Code, and to amend Sections 1672, 12811, and 13005 of the Vehicle Code, relating to organ and tissue donation.

[ Filed with Secretary of State  October 11, 2001. Approved by Governor  October 10, 2001. ]

LEGISLATIVE COUNSEL'S DIGEST


SB 108, Speier. Organ and tissue donor registry.
Existing law contains provisions known as the Uniform Anatomical Gift Act and related provisions that require the Department of Motor Vehicles to provide forms and other information relating to the act.
This bill would enact the Organ and Tissue Donor Registry Act of 2001, which would establish under the Uniform Anatomical Gift Act an Organ and Tissue Donor Registry in the California Health and Human Services Agency, and would instead require the Department of Motor Vehicles to provide information and a standardized form containing specified information, to be completed by driver’s license and identification card applicants who desire to be organ donors.
This bill would also authorize the department to receive voluntary contributions to be deposited in the Organ and Tissue Donor Registry Fund created by the bill. This bill would make the fund subject to appropriation by the Legislature.
Implementation of certain provisions of this bill are contingent on the Director of Finance determining that sufficient moneys are available for that implementation.

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


SECTION 1.

 This act shall be known and may be cited as the Organ and Tissue Donor Registry Act of 2001.

SEC. 2.

 (a) The Legislature finds and declares all of the following:
(1) More than 15,000 Californians are now waiting for a lifesaving organ transplant. Based on the current trend in organ donations, one in three of those waiting will die.
(2) While on a national level the number of organ donors has increased by 4 percent in the first six months of 2000 as compared to the first six months of 1999, the number of organ donors in California has decreased by 13 percent during this same time period.
(3) In all of 2000 there were only 626 cadaveric donors in California.
(4) A decrease in organ donors results in longer stays on the national organ transplant waiting list and, consequently, more death for those patients who are waiting.
(5) The national organ transplant waiting list, which is maintained by the United Network for Organ Sharing, is growing at the rate of 1,000 per month. A name is added to this national data base every 16 minutes.
(6) However, no registry exists in California for those persons who have expressed a wish to be an organ donor.
(b) It is the intent of the Legislature to increase the number of persons who identify themselves as potential organ donors. It is further the intent of the Legislature to establish a statewide organ and tissue donor registry to expedite the match between organ donors and recipients and to encourage charitable contributions to support the registry.

SEC. 3.

 Section 7152.7 is added to the Health and Safety Code, to read:

7152.7.
 (a) There is hereby established in the California Health and Human Services Agency the Organ and Tissue Donor Registry that shall contain information regarding persons who have identified themselves as organ and tissue donors upon their death. The agency or its designee shall be responsible for maintaining the registry and for developing methods to increase the number of donors who enroll in the registry.
(b) The agency or designee shall make available to the federally designated organ procurement organizations in California and the state licensed tissue and eye banks information contained in the registry regarding potential donors on a 24-hour-a-day, seven-days-a-week basis. This information shall be used to expedite a match between identified organ and tissue donors and potential recipients.
(c) The agency may receive voluntary contributions to support the registry and its activities. The contributions shall be deposited in the Organ and Tissue Donor Registry Fund which is hereby created in the State Treasury. Expenditures from the fund shall be subject to appropriation by the Legislature and shall be for the sole purpose of providing support for the registry and its activities.
(d) Implementation of this section shall be contingent on the Director of Finance making a determination that sufficient moneys have been collected in the Organ and Tissue Donor Registry Fund to support the development costs of establishing the registry and operational costs for the first year of operation.

SEC. 4.

 Section 1672 of the Vehicle Code is amended to read:

1672.
 (a) The department shall make available, in the public area of each office of the department where applications for driver’s licenses or identification cards are received, space for a sign or notice briefly describing 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 information about the Organ and Tissue Donor Registry and the Organ and Tissue Donor Registry Fund.
(b) The department shall make available to the public in its offices a pamphlet or brochure providing more detailed information on the Organ and Tissue Donor Registry and the Organ and Tissue Donor Registry Fund.
(c) The signs, notices, pamphlets, and brochures specified in subdivisions (a) and (b) shall be provided without cost to the department by responsible private parties associated with the anatomical gift program.

SEC. 5.

 Section 12811 of the Vehicle Code, as amended by Section 5 of Chapter 1008 of the Statutes of 1999, is amended to read:

12811.
 (a) (1) When the department determines that the applicant is lawfully entitled to a license, it shall issue to the person a driver’s license as applied for. The license shall state the class of license for which the licensee has qualified and shall contain the distinguishing number assigned to the applicant, the date of expiration, the true full name, age, and mailing address of the licensee, a brief description and engraved picture or photograph of the licensee for the purpose of identification, and space for the signature of the licensee.
Each license shall also contain a space for the endorsement of a record of each suspension or revocation thereof.
The department shall use whatever process or processes, in the issuance of engraved or colored licenses, that prohibit, as near as possible, the ability to alter or reproduce the license, or prohibit the ability to superimpose a picture or photograph on the license without ready detection.
(2) In addition to the requirements of paragraph (1), a license issued to a person under 18 years of age shall display the words “provisional until age 18.”
(b) The department shall provide a form that, when completed, may be carried with the license, by which the licensee may indicate his or her willingness and intent to make an anatomical gift, including the gift of a pacemaker, or his or her refusal to make an anatomical gift pursuant to Section 7150.5 of the Health and Safety Code, and, if applicable, the date that a pacemaker was implanted. The form shall be designed to obtain information sufficient to identify the nature of the anatomical gift and shall include, but not be limited to, all of the following:
(1) A space for the signature of the potential donor.
(2) A space for the signature of one or more witnesses, which should include the spouse, parent, or adult child of the donor or any other next of kin.
(3) A statement sufficient in its terms to meet the requirements of the Uniform Anatomical Gift Act (Chapter 3.5 (commencing with Section 7150) of Part 1 of Division 7 of the Health and Safety Code).
(4) A space for the donor to indicate whether the donor desires to donate tissues or organs, or both, or the donor’s entire body for the purpose of transplantation or medical research, or both.
(5) Text informing the donor that the form is a legally binding document, which shall remain binding after death despite any expressed desires of next of kin opposed to the donation.
(6) Text requiring the donor to discuss the decision to donate with family, friends, or any other person who might be directly affected by the donation, particularly those next of kin who might object to the decision and a space for the donor’s initials to acknowledge that it is the donor’s responsibility to comply with this requirement.
(7) Text informing the donor that rescission of the decision to donate shall require the completion of a new form and the removal of the sticker described in Section 1672.5 from the driver’s license or identification card.
(c) (1) The statement required under paragraph (3) of subdivision (b) shall not be deemed to be effective unless both of the following conditions have been met:
(A) The statement is signed by the licensee.
(B) The licensee is 18 years of age or older at the time of signing.
(2) If the licensee cannot sign, the statement may be signed for the licensee, at his or her direction and in his or her presence, in the presence of two witnesses who shall sign the statement in his or her presence.
(d) The department shall present the form provided under subdivision (b), and explain its use, to each applicant for a license or license renewal.
(e) The anatomical gift shall become effective upon the death of the licensee.
(f) No public entity or employee is liable for any loss, detriment, or injury resulting directly or indirectly from false or inaccurate information contained in the form provided pursuant to subdivision (b).
(g) No contract may be let to any nongovernmental entity for the processing of driver’s licenses, unless the department receives two or more qualified bids from independent, responsible bidders.
(h) This section shall become operative on the date determined under subdivision (a) of Section 1672.3.
(i) This section shall become inoperative on the date the Director of Finance makes the determination described in subdivision (d) of Section 7152.7 of the Health and Safety Code.

SEC. 5.5.

 Section 12811 of the Vehicle Code is amended to read:

12811.
 (a) (1) When the department determines that the applicant is lawfully entitled to a license, it shall issue to the person a driver’s license as applied for. The license shall state the class of license for which the licensee has qualified and shall contain the distinguishing number assigned to the applicant, the date of expiration, the true full name, age, and mailing address of the licensee, a brief description and engraved picture or photograph of the licensee for the purpose of identification, and space for the signature of the licensee.
Each license shall also contain a space for the endorsement of a record of each suspension or revocation thereof.
The department shall use whatever process or processes, in the issuance of engraved or colored licenses, that prohibit, as near as possible, the ability to alter or reproduce the license, or prohibit the ability to superimpose a picture or photograph on the license without ready detection.
(2) In addition to the requirements of paragraph (1), a license issued to a person under 18 years of age shall display the words “provisional until age 18.”
(b) (1) Upon issuance of a new driver’s license or a renewal of a driver’s license or the issuance of an identification card, the department shall provide information on organ and tissue donation, including a standardized form to be filled out by an individual who desires to enroll in the Organ and Tissue Donor Registry with instructions for mailing the completed form to the California Health and Human Services Agency, including a donor dot that may be affixed to the new driver’s license or identification card.
(2) The enrollment form shall be simple in design and shall be produced by the department in cooperation with the California Health and Human Services Agency and shall require all of the following information to be supplied by an enrollee:
(A) Date of birth, sex, full name, and other information deemed necessary to provide a positive identification of an individual.
(B) Consent for organs or tissues to be donated for transplant after death.
(C) Any limitation of the donation to specific organs or tissues.
(3) The form shall also include both of the following:
(A) A description of the process for having a name removed from the registry, and the process for donating money to the Organ and Tissue Donor Registry Fund.
(B) A statement that the name of any person who enrolls in the registry pursuant to this section shall be made available to federally recognized donor organizations.
(4) The registry enrollment form shall be posted on the Web sites for the department and the agency.
(5) The form shall constitute a legal document under 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 shall remain binding after the donor’s death despite any express desires of next of kin opposed to the donation.
(6) The agency shall ensure that all additions and deletions to the registry shall occur within 30 days of receipt.
(7) Information obtained by the department for the purposes of this subdivision shall be used for these purposes only and shall not be disseminated further by the department or the California Health and Human Services Agency.
(c) A public entity or employee shall not be liable for any loss, detriment, or injury resulting directly or indirectly from false or inaccurate information contained in the form provided pursuant to subdivision (b).
(d) No contract may be let to any nongovernmental entity for the processing of driver’s licenses, unless the department receives two or more qualified bids from independent, responsible bidders.
(e) This section shall become operative on the date the Director of Finance makes the determination described in subdivision (d) of Section 7152.7 of the Health and Safety Code.

SEC. 6.

 Section 13005 of the Vehicle Code, as added by Section 9 of Chapter 887 of the Statutes of 1998, is amended to read:

13005.
 (a) The identification card shall resemble in appearance, so far as is practicable, a driver’s license issued pursuant to this code. It shall adequately describe the applicant, bear his or her picture, and be produced in color or engraved by a process or processes that prohibit as near as possible, the ability to alter or reproduce the identification card, or prohibit the ability to superimpose a picture or photograph on the identification card without ready detection.
(b) With every identification card, the department shall provide the form described in subdivisions (b) and (c) of Section 12811. The form may be carried with the identification card and may be used by the cardholder to indicate his or her willingness and intent to make an anatomical gift, his or her refusal to make an anatomical gift pursuant to Section 7150.5 of the Health and Safety Code, or the date that a pacemaker was implanted. The department shall present this form, and explain its use, to each applicant for an identification card or identification card renewal.
(c) The anatomical gift shall become effective upon the death of the holder of the card.
(d) No contract may be let to any nongovernmental entity for the processing of identification cards unless the department receives two or more qualified bids from independent, responsible bidders.
(e) This section shall become operative on the date determined under subdivision (a) of Section 1672.3.
(f) This section shall become inoperative on the date the Director of Finance makes the determination described in subdivision (d) of Section 7152.7 of the Health and Safety Code.

SEC. 6.5.

 Section 13005 of the Vehicle Code, as amended by Section 9 of Chapter 887 of the Statutes of 1998, is amended to read:

13005.
 (a) The identification card shall resemble in appearance, so far as is practicable, a driver’s license issued pursuant to this code. It shall adequately describe the applicant, bear his or her picture, and be produced in color or engraved by a process or processes that prohibit as near as possible, the ability to alter or reproduce the identification card, or prohibit the ability to superimpose a picture or photograph on the identification card without ready detection.
(b) (1) Upon issuance of a new identification card, or renewal of an identification card, the department shall provide information on organ and tissue donation, including a standardized form to be filled out by an individual who desires to enroll in the Organ and Tissue Donor Registry with instructions for mailing the completed form to the California Health and Human Services Agency.
(2) The enrollment form shall be simple in design and shall be produced by the department, in cooperation with the California Health and Human Services Agency, and shall require all of the following information to be supplied by the enrollee:
(A) Date of birth, sex, full name, address, and home telephone number.
(B) Consent for organs or tissues to be donated for transplant after death.
(C) Any limitation of the donation to specific organs or tissues.
(3) The form shall also include a description of the process for having a name removed from the registry, and the process for donating money to the Organ and Tissue Donor Registry Fund.
(4) The registry enrollment form shall be posted on the Web sites for the department and the California Health and Human Services Agency.
(5) The form shall constitute a legal document under the Uniform Anatomical Gift Act (Chapter 3.5 (commencing with Section 7150) of Part 1 of Division 7 of the Health and Safety Code).
(6) The agency shall ensure that all additions and deletions to the registry shall occur within 30 days of receipt.
(7) Information obtained by the department for the purposes of this subdivision shall be used for these purposes only and shall not further be disseminated by the department or the California Health and Human Services Agency.
(c) No contract may be let to any nongovernmental entity for the processing of identification cards unless the department receives two or more qualified bids from independent, responsible bidders.
(d) This section shall become operative on the date the Director of Finance makes the determination described in subdivision (d) of Section 7152.7 of the Health and Safety Code.