AB 1397 — Tissue donation.

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. 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 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 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

• Enrolled 09/09/09 - Enrolled Current pdf September 09, 2009
• Amended 08/17/09 - Amended Senate pdf August 17, 2009
• Amended 07/13/09 - Amended Senate pdf July 13, 2009
• Amended 06/16/09 - Amended Senate pdf June 16, 2009
• Introduced 02/27/09 - Introduced pdf February 27, 2009
• AB1397 View text html

Action History

1. January 14, 2010

   Consideration of Governor's veto stricken from file.

2. October 26, 2009

   Consideration of Governor's veto pending.

3. October 11, 2009

   Vetoed by Governor.

4. September 11, 2009

   Enrolled and to the Governor at 7 p.m.

5. September 03, 2009

   Urgency clause adopted. Senate amendments concurred in. To enrollment. (Ayes 78. Noes 0. Page 2994.)

6. September 03, 2009

   Assembly Rule 77 suspended. (Page 2970.)

7. September 02, 2009

   In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 4 pursuant to Assembly Rule 77.

8. September 01, 2009

   Read third time. Urgency clause adopted. Passed and to Assembly. (Ayes 31. Noes 0. Page 2051.)

9. August 19, 2009

   Read second time. To third reading.

10. August 18, 2009

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

11. August 17, 2009

    In committee: Hearing postponed by committee.

12. August 17, 2009

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

13. July 13, 2009

    Read second time, amended, and re-referred to Com. on APPR.

14. July 09, 2009

    From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 11. Noes 0.) (June 25).

15. July 01, 2009

    In committee: Hearing postponed by committee.

16. June 22, 2009

    In committee: Hearing postponed by committee.

17. June 16, 2009

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

18. June 11, 2009

    Referred to Com. on HEALTH.

19. June 02, 2009

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

20. June 01, 2009

    Read third time, passed, and to Senate. (Ayes 79. Noes 0. Page 1820.)

21. May 21, 2009

    From Consent Calendar. To third reading.

22. May 18, 2009

    Read second time. To Consent Calendar.

23. May 14, 2009

    From committee: Do pass. To Consent Calendar. (May 13).

24. April 29, 2009

    From committee: Do pass, and re-refer to Com. on APPR. with recommendation: To Consent Calendar. Re-referred. (Ayes 18. Noes 0.) (April 28).

25. March 31, 2009

    Referred to Com. on HEALTH.

26. March 02, 2009

    Read first time.

27. March 01, 2009

    From printer. May be heard in committee March 30.

28. February 27, 2009

    Introduced. To print.

Sponsors

• Hill · Primary
• Leno · Cosponsor

Votes

Subjects