California Health and Safety Code 7151.10 – (a) As used in this section the following terms have the …
(a) As used in this section the following terms have the following meanings:
(1) “Advance health care directive” means a power of attorney for health care or a record signed by a prospective donor containing the prospective donor‘s direction concerning a health care decision for the prospective donor.
Terms Used In California Health and Safety Code 7151.10
- Agent: means an individual who meets either of the following criteria:
California Health and Safety Code 7150.10
- Anatomical gift: means a donation of all or part of a human body to take effect after the donor's death for the purpose of transplantation, therapy, research, or education. See California Health and Safety Code 7150.10
- Donor: The person who makes a gift.
- Donor: means an individual whose body or part is the subject of an anatomical gift. See California Health and Safety Code 7150.10
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Part: means an organ, an eye, or tissue of a human being. See California Health and Safety Code 7150.10
- Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See California Health and Safety Code 7150.10
- Physician: means an individual authorized to practice medicine or osteopathy under the law of any state. See California Health and Safety Code 7150.10
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- Procurement organization: means an eye bank, organ procurement organization, or tissue bank. See California Health and Safety Code 7150.10
- Prospective donor: means an individual who is dead or near death and has been determined by a procurement organization to have a part that could be medically suitable for transplantation, therapy, research, or education. See California Health and Safety Code 7150.10
- Reasonably available: means able to be contacted by a procurement organization, without undue effort, and willing and able to act in a timely manner consistent with existing medical criteria necessary for the making of an anatomical gift. See California Health and Safety Code 7150.10
- Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See California Health and Safety Code 7150.10
(2) “Declaration” means a record signed by a prospective donor specifying the circumstances under which a life-support system may be withheld or withdrawn from the prospective donor.
(3) “Health care decision” means any decision made regarding the health care of the prospective donor.
(b) If a prospective donor has a declaration or advance health care directive and the terms of the declaration or directive and the express or implied terms of a potential anatomical gift are in conflict with regard to the administration of measures necessary to ensure the medical suitability of a part for transplantation or therapy, the prospective donor’s attending physician and prospective donor shall confer to resolve the conflict. If the prospective donor is incapable of resolving the conflict, an agent acting under the prospective donor’s declaration or directive, or, if none, or the agent is not reasonably available, another person authorized by law other than this chapter to make health care decisions on behalf of the prospective donor, shall act for the donor to resolve the conflict. The conflict shall be resolved as expeditiously as possible. Information relevant to the resolution of the conflict may be obtained from the appropriate procurement organization and any other person authorized to make an anatomical gift for the prospective donor under Section 7150.40. Before resolution of the conflict, measures necessary to ensure the medical suitability of the part shall not be withheld or withdrawn from the prospective donor if withholding or withdrawing the measures is not contraindicated by appropriate end-of-life care.
(Added by Stats. 2007, Ch. 629, Sec. 2. Effective January 1, 2008.)