California 2009-2010 Regular Session Status: Enacted

AB 1487 — Tissue donation.

Last action — Chaptered by Secretary of State - Chapter 444, Statutes of 2010.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 27, 2009. Enacted.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 6 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law prohibits the transfer of any tissues, as defined, into the body of another person by means of transplantation, unless the donor of the tissues has been screened and found nonreactive for evidence of infection with human immunodeficiency virus (HIV) , agents of viral hepatitis (HBV and HCV) , human T lymphotrophic virus-1 (HTLV-1) , and syphilis, except as provided. This bill would require testing for evidence of infection with HTLV only in tissues that are rich in viable leukocytes. Existing law requires that all donors of sperm be screened and found nonreactive under the above provisions, except as provided. Under existing law, a sperm donor who has tested reactive for HIV or HTLV-1 may be used for insemination or advanced reproductive technology for a recipient who has tested negative only after processing to minimize the infectiousness of the sperm. The State Department of Public Health is required to adopt regulations by January 1, 2010, regulating facilities that perform this processing. Existing law further requires the physician providing insemination or advanced reproductive technologies to, among other things, inform the recipient that the processing may not eliminate the risk of infection, that the sperm may be tested to ensure that it is free from HIV or HTLV-1, and about the potential adverse effects of testing on the sperm. This bill would extend until January 1, 2014, the date for adopting regulations and would allow the department to adopt initial regulations based on the "Guidelines for Reducing Risk of Viral Transmission During Fertility Treatment" using a specified process. The bill would also require the physician to inform the recipient that she must provide documentation to the physician providing insemination or advanced reproductive technology services prior to treatment that she has established an ongoing physician relationship with another physician to provide for her medical care during and after completion of fertility services and about the medical guidelines for testing after use of sperm from an HIV or HTLV reactive spouse, partner, or designated donor. Under existing law, the physician performing insemination or advanced reproductive technology is required to provide prophylactic treatments, followup testing, and monitoring, as specified, to the recipient to minimize the risk of infection. This bill would remove those requirements but would require the physician to recommend followup testing of the recipient for HIV and HTLV, as specified. Existing law allows the use of sperm from a donor who has tested reactive for HIV or HTLV-1 if the recipient has also previously been documented with HIV or HTLV-1 and where mutual consent has been obtained. This bill would remove this provision. The bill would also make all of the provisions above applicable to donors who have tested reactive for any of the human T lymphotrophic viruses. This bill would declare that it is to take effect immediately as an urgency statute.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 444, Statutes of 2010.

  2. Approved by the Governor.

  3. Enrolled and to the Governor at 2:30 p.m.

  4. Urgency clause adopted. Senate amendments concurred in. To enrollment. (Ayes 77. Noes 0. Page 6719.)

  5. From committee: With recommendation: That Senate amendments be concurred in. (Ayes 18. Noes 0.) (August 24).

  6. Joint Rule 62(a), file notice suspended. (Page 6462.)

  7. Re-referred to Com. on HEALTH. pursuant to Assembly Rule 77.2.

  8. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 17 pursuant to Assembly Rule 77.

  9. Read third time. Urgency clause adopted. Passed and to Assembly. (Ayes 31. Noes 0. Page 4487.)

  10. Read second time. To third reading.

  11. Read third time, amended. To second reading.

  12. Read second time. To third reading.

  13. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  14. Withdrawn from committee. Re-referred to Com. on APPR.

  15. Read second time and amended. Re-referred to Com. on JUD.

  16. From committee: Amend, do pass as amended, and re-refer to Com. on JUD. (Ayes 5. Noes 0.) (June 9).

  17. Re-referred to Coms. on HEALTH and JUD.

  18. Re-referred to Com. on RLS.

  19. Withdrawn from committee.

  20. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB. S.

  21. In committee: Set, second hearing. Hearing canceled at the request of author.

  22. In committee: Hearing postponed by committee.

  23. In committee: Hearing postponed by committee.

  24. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB. S.

  25. In committee: Set, first hearing. Hearing canceled at the request of author.

  26. Referred to Com. on PUB. S.

  27. In Senate. Read first time. To Com. on RLS. for assignment.

  28. Read third time, passed, and to Senate. (Ayes 74. Noes 0. Page 1551.)

  29. Read second time. To third reading.

  30. From committee: Do pass. (Ayes 6. Noes 1.) (May 12).

  31. Re-referred to Com. on PUB. S.

  32. From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.

  33. Referred to Com. on PUB. S.

  34. Read first time.

  35. From printer. May be heard in committee March 30.

  36. Introduced. To print.

Sponsors

  • Hill · Primary
  • Leno · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 1 co-sponsors · 120 not signed on

Sponsors (1)

  • Hill

Co-sponsors (1)

  • Leno

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 89 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 83001
Democratic 3000
Republican 3000
Total 89001
% of votes cast 99%0%0%1%
How each member voted (90)
Member Party Vote
Carter — Yea
Evans — Yea
Chesbro — Yea
Fuentes — Yea
Conway — Yea
Cook — Yea
Coto — Yea
Bill — Yea
Tom — Yea
Fuller — Yea
Galgiani — Yea
Garrick — Yea
Gilmore — Yea
Hagman — Yea
Charles — Yea
Hall — Yea
Harkey — Yea
Hernandez — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fletcher — Yea
Fong — Yea
Ammiano — Yea
Anderson — Yea
Bass — Yea
Beall — Yea
Davis — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
John — Yea
A. — Yea
Perez — Yea
Huffman — Yea
Knight — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nava — Yea
Nestande — Yea
Norby — Not Voting
Ruskin — Yea
Silva — Yea
Skinner — Yea
Smyth — Yea
Swanson — Yea
Torres — Yea
Torrico — Yea
Villines — Yea
Adams — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Jeffries — Yea
Lieu — Yea
Logue — Yea
Ma — Yea
Nielsen — Yea
Solorio — Yea
Torlakson — Yea
Tran — Yea
Hill — Yea
Eng — Yea
Feuer — Yea
DeVore — Yea
Yamada — Yea
Furutani — Yea
Gatto — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Passed 25 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 23000
Republican 2000
Total 25000
% of votes cast 100%0%0%0%
How each member voted (25)
Member Party Vote
Eng — Yea
Hernandez — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fletcher — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Salas — Yea
Audra — Yea
Carter — Yea
Conway — Yea
Monning — Yea
Nava — Yea
Smyth — Yea
Ammiano — Yea
Hayashi — Yea
Beth Gaines — Yea
Jones, Brian W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Passed 32 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 30006
Republican 1000
Democratic 1001
Total 32007
% of votes cast 82%0%0%18%
How each member voted (39)
Member Party Vote
Yee — Yea
Hancock — Yea
Cedillo — Yea
Cogdill — Yea
Wyland — Not Voting
Corbett — Yea
Ducheny — Yea
Florez — Yea
Hollingsworth — Not Voting
Huff — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Dutton — Yea
Kehoe — Yea
Leno — Yea
McLeod — Yea
Oropeza — Not Voting
Pavley — Yea
Price — Not Voting
Romero — Yea
Simitian — Yea
Walters — Yea
Wiggins — Not Voting
Aanestad — Yea
Alquist — Yea
Ashburn — Yea
Harman — Not Voting
Liu — Yea
Steinberg — Yea
Wolk — Yea
Wright — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Denham — Yea
Calderon, Lisa Democratic Not Voting
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Passed 86 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 78006
Democratic 5000
Republican 3000
Total 86006
% of votes cast 93%0%0%7%
How each member voted (92)
Member Party Vote
Chesbro — Yea
Conway — Yea
Cook — Yea
Bill — Yea
Berryhill — Yea
Tom — Yea
Berryhill — Yea
Charles — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Anderson — Yea
Beall — Yea
Coto — Yea
Davis — Yea
Yamada — Not Voting
Fletcher — Yea
Gaines — Yea
Bonnie — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Audra — Yea
Saldana — Not Voting
Eng — Not Voting
Feuer — Yea
Fuentes — Yea
Fuller — Yea
Galgiani — Yea
Garrick — Yea
Hagman — Yea
Hall — Yea
Hayashi — Yea
Bass — Yea
Duvall — Yea
Hernandez — Yea
Huber — Yea
Huffman — Yea
Knight — Yea
Krekorian — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nestande — Yea
Price — Not Voting
Ruskin — Yea
Silva — Yea
Skinner — Not Voting
Solorio — Yea
Swanson — Yea
Torres — Yea
Torrico — Yea
Tran — Yea
Adams — Yea
Ammiano — Yea
Blakeslee — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Hill — Yea
Jeffries — Yea
Lieu — Yea
Ma — Yea
Nava — Yea
Nielsen — Yea
Smyth — Yea
Torlakson — Yea
Villines — Yea
Carter — Not Voting
Emmerson — Yea
Evans — Yea
DeVore — Yea
Furutani — Yea
Gilmore — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Lowenthal, Josh Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 6 Yea · 1 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6100
Total 6100
% of votes cast 86%14%0%0%
How each member voted (7)
Member Party Vote
Hagman — Yea
Furutani — Yea
Skinner — Nay
Solorio — Yea
Anderson — Yea
Hill — Yea
Ma — Yea

Official roll call →

Subjects

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Frequently asked questions

What does AB 1487 do?
Existing law prohibits the transfer of any tissues, as defined, into the body of another person by means of transplantation, unless the donor of the tissues has been screened and found nonreactive for evidence of infection with human immunodeficiency virus (HIV) , agents of viral hepatitis (HBV and HCV) , human T lymphotrophic virus-1 (HTLV-1) , and syphilis, except as provided. This bill would require testing for evidence of infection with HTLV only in tissues that are rich in viable leukocytes. Existing law requires that all donors of sperm be screened and found nonreactive under the above provisions, except as provided. Under existing law, a sperm donor who has tested reactive for HIV or HTLV-1 may be used for insemination or advanced reproductive technology for a recipient who has tested negative only after processing to minimize the infectiousness of the sperm. The State Department of Public Health is required to adopt regulations by January 1, 2010, regulating facilities that perform this processing. Existing law further requires the physician providing insemination or advanced reproductive technologies to, among other things, inform the recipient that the processing may not eliminate the risk of infection, that the sperm may be tested to ensure that it is free from HIV or HTLV-1, and about the potential adverse effects of testing on the sperm. This bill would extend until January 1, 2014, the date for adopting regulations and would allow the department to adopt initial regulations based on the "Guidelines for Reducing Risk of Viral Transmission During Fertility Treatment" using a specified process. The bill would also require the physician to inform the recipient that she must provide documentation to the physician providing insemination or advanced reproductive technology services prior to treatment that she has established an ongoing physician relationship with another physician to provide for her medical care during and after completion of fertility services and about the medical guidelines for testing after use of sperm from an HIV or HTLV reactive spouse, partner, or designated donor. Under existing law, the physician performing insemination or advanced reproductive technology is required to provide prophylactic treatments, followup testing, and monitoring, as specified, to the recipient to minimize the risk of infection. This bill would remove those requirements but would require the physician to recommend followup testing of the recipient for HIV and HTLV, as specified. Existing law allows the use of sperm from a donor who has tested reactive for HIV or HTLV-1 if the recipient has also previously been documented with HIV or HTLV-1 and where mutual consent has been obtained. This bill would remove this provision. The bill would also make all of the provisions above applicable to donors who have tested reactive for any of the human T lymphotrophic viruses. This bill would declare that it is to take effect immediately as an urgency statute.
Who sponsors AB 1487?
AB 1487 is sponsored by Hill and Leno.
What is the current status of AB 1487?
This bill has been enacted into law. Introduced February 27, 2009. Enacted.
Where can I track AB 1487?
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