The coroner is authorized to assist medical and health service agencies in identifying donors of human organs and tissues, for purposes of providing life-enhancing benefits of transplant surgery to recipients under duly sanctioned medical conditions.
Prior to a donation of blood or blood components, each donor shall be notified in writing of that the blood will be tested for HIV and that the donor will be notified of confirmed positive test results.
If a blood given by a blood donor is found to be reactive for HIV antibodies and the blood bank's reasonable efforts have failed to locate the donor, the test results may be disclosed to a local health officer to locate and notify the donor of a reactive result. No civil liability or criminal sanction shall be imposed for disclosure of test results.
In a criminal investigation for a knowing donation of HIV-infected blood, tissue, organs, semen or breast milk, no person shall disclose the results of a blood test to detect AIDS to any state or local agency or department unless the test results are disclosed as otherwise required by law pursuant to a search warrant, court order or subpoena.
A home dialysis agency shall maintain clinical records of all the patients, a medical history and physical provided by the patient's physician and surgeon. The physical shall be updated annually, and the annual update shall be maintained in the patient's medical files. the clinical records shall also include clinical progress notes written by the patient's physician and surgeon, a qualified registered nurse, a qualified social worker, and a dietician.
Prior to the performance of any dialysis treatment, the home dialysis agency shall obtain orders from a patient's physician and surgeon which outline the specifics of prescribed treatment. The initial orders from the patient's physician and surgeon for home dialysis services shall be received prior to the first treatment and shall include the patient's diagnosis (e.g. patient's mental status, the prognosis of the patient, and functional limitations of the patient).
A procurement organization is allowed reasonable access to information in the records of the Donate Life California Organ and Tissue Donor Registry to ascertain if an individual at or near death is a donor. Personally identifiable information on the donor registry shall not be used nor disclosed without the express consent of the donor for purposes outside ascertaining whether the individual has made, amended, or revoked an anatomical gift.
When a hospital refers an individual at or near death to a procurement organization, the organization may conduct any reasonable examination necessary to ensure the medical suitability of the anatomical gift. Additionally, the person to whom a part passes under Health & Safety Code 7150.50 may conduct any reasonable examination necessary to ensure the medical suitability of the body or part for its intended purpose. Such examinations may include a review of all medical and dental records of the donor or prospective donor.
If a prospective donor has a declaration or advance health care directive whose terms are in conflict with the administration of measures necessary to ensure the medical suitability of a part, the prospective donor and attending physician shall confer to resolve the conflict.
Where a wife is inseminated artificially with semen donated by a man other than her husband, the physician and surgeon must retain the husband's consent form as part of the medical record. The record must be kept confidential and in a sealed file. However, the physician and surgeon's failure to do so does not affect the father and child relationship. All papers and records pertaining to the insemination, whether part of the permanent record of a court or of a file held by the supervising physician and surgeon or elsewhere, are subject to inspection only through a court order.
