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.
Exemptions from Public Records Act disclosure include confidentiality regarding donor not being natural father in records on artificial insemination, attorney-client confidential communications.
The results of AIDS blood test may me disclosed without the written consent of the test subject to: the subject or his/her legal representative, the test subject's health care provider or their employee that provides patient care or treatment for the subject, a health care provider that procures, processes, distributes, or uses a human body part as under Uniform Anatomical Gift Act, the designated officer an emergency response employee.
No tissues shall be transferred into the body of another person by means of transplantation, unless the donor of the tissues has been screened and found nonreactive by laboratory tests for evidence of infection with HIV, HBV, HCV, HTLV-1, and syphilis. The State Department of Health Services may adopt regulations requiring additional screening tests of donors of tissues when, the action is necessary for the protection of the public, donors, or recipients.
All donors of sperm shall be screened for HIV, HBV, HCV, HTLV-1, and syphilis, and found nonreactive before sperm is inseminated unless an exception applies. When sperm from a reactive donor is used as per one of the exceptions, both the donor and recipient must sign consent forms and copies must be kept in their medical records.
