BILL ANALYSIS
SENATE RULES COMMITTEE AB 2861
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THIRD READING
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Bill No: AB 2861
Author: Villaraigosa (D), et al
Amended: 5/23/96 in Assembly
Vote: 21
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SENATE HEALTH & HUMAN SERV. COMMITTEE: 5-0, 6/12/96
AYES: Watson, Hughes, Leslie, Mello, Solis
NOT VOTING: Haynes, Maddy, Polanco, Thompson
ASSEMBLY FLOOR: 72-0, 5/28/96
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SUBJECT: Anatomical gifts
SOURCE: Author
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DIGEST: This bill:
1. Prohibits assignment of an anatomical gift based on a
potential recipient's physical or mental disability
unless such a disability is medically significant to the
provision of the gift. Requires that each disabled
recipient be assessed on a case-by-case basis.
2. Prohibits discrimination against disabled recipients in
every phase of the organ donation process. Specifies
that disabled recipients are not required to demonstrate
postoperative independent living ability; states that
this section shall not require medically inappropriate
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organ transplants; and defines necessary terms.
ANALYSIS: Recent pharmacological and surgical
innovations have substantially improved the outcomes of
organ transplant procedures. A regional system for
procurement and distribution of donated organs operates in
California assigning available organs to qualified lists of
recipients. Transplant centers are selected based on their
success rates, and a system of specializing hospitals have
evolved in recent years. Shortages continue for many
organs: demand exceeds supply for kidneys, hearts,
heart/lungs and livers.
This measure responds to the Sandra Jensen case, in which a
young woman with Down's Syndrome was denied life-saving
placement on a transplant waiting list because of her
disability. Ms. Jensen was initially rejected for a
heart-lung transplant by the two accepted California
centers for heart-lung transplantation (U.C. San Diego and
Stanford Medical Center) based solely on her disability.
The case generated substantial news coverage with a
sympathetic public response, and the medical centers
reconsidered their initial position. Ms. Jensen, who,
despite a very low IQ, had acted as an effective advocate
for the disabled, received her transplant and is now
recovering.
While the Americans with Disabilities Act clearly prohibits
discrimination based on disabilities, it is silent on organ
transplants and would have required court interpretation.
This bill prohibits discrimination, but also clarifies that
futile or inappropriate transplants are not required by the
law and that a case-be-case assessment of legitimate
medical circumstances shall be considered.
FISCAL EFFECT: Appropriation: No Fiscal Com.: No
Local: No
SUPPORT: (Verified 6/13/96)
State Council on Developmental Disabilities
Association of Regional Center Agencies
California Medical Association
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Organization of Area Boards
ARC of California
Protection and Advocacy
National Down Syndrome Society
California Coalition of UCP Associations
Autism Society of Los Angeles
Tri-Counties Association for the Disabled
California Healthcare Association
CP:ctl 6/18/96 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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