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).