Uniform Anatomical Gift Act

Cal. HSC § 7151.35

California Statutes

(

a) No hospital, physician and surgeon, procurement organization, or other person shall determine the ultimate recipient of an anatomical gift based upon a potential recipient’s physical or mental disability, except to the extent that the physical or mental disability has been found by a physician and surgeon, following a case-by-case evaluation of the potential recipient, to be medically significant to the provision of the anatomical gift. (

b) Subdivision (

a) shall apply to each part of the organ transplant process. The organ transplant process includes, but is not limited to, all of the following:

(1) The referral from a primary care provider to a specialist.

(2) The referral from a specialist to a transplant center.

(3) The evaluation of the patient for the transplant by the transplant center.

(4) The consideration of the patient for placement on the official waiting list. (

c) A person with a physical or mental disability shall not be required to demonstrate postoperative independent living abilities in order to have access to a transplant if there is evidence that the person will have sufficient, compensatory support and assistance. (

d) The court shall accord priority on its calendar and handle expeditiously any action brought to seek any remedy authorized by law for purposes of enforcing compliance with this section. (

e) This

section shall not be deemed to require referrals or recommendations for, or the performance of, medically inappropriate organ transplants. (

f) As used in this

section “disabilities” has the same meaning as used in the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq., P.L. 101-336).

Document details

CollectionCalifornia Statutes
CitationCal. HSC § 7151.35
Date2008-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierHSC7151.35.20076292

Uniform Anatomical Gift Act

Cal. HSC § 7151.35

California Statutes

Uniform Anatomical Gift Act

Cal. HSC § 7151.35

California Statutes

(

a) No hospital, physician and surgeon, procurement organization, or other person shall determine the ultimate recipient of an anatomical gift based upon a potential recipient’s physical or mental disability, except to the extent that the physical or mental disability has been found by a physician and surgeon, following a case-by-case evaluation of the potential recipient, to be medically significant to the provision of the anatomical gift. (

b) Subdivision (

a) shall apply to each part of the organ transplant process. The organ transplant process includes, but is not limited to, all of the following:

(1) The referral from a primary care provider to a specialist.

(2) The referral from a specialist to a transplant center.

(3) The evaluation of the patient for the transplant by the transplant center.

(4) The consideration of the patient for placement on the official waiting list. (

c) A person with a physical or mental disability shall not be required to demonstrate postoperative independent living abilities in order to have access to a transplant if there is evidence that the person will have sufficient, compensatory support and assistance. (

d) The court shall accord priority on its calendar and handle expeditiously any action brought to seek any remedy authorized by law for purposes of enforcing compliance with this section. (

e) This

section shall not be deemed to require referrals or recommendations for, or the performance of, medically inappropriate organ transplants. (

f) As used in this

section “disabilities” has the same meaning as used in the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq., P.L. 101-336).

Document details

CollectionCalifornia Statutes
CitationCal. HSC § 7151.35
Date2008-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierHSC7151.35.20076292