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.
When an individual is pronounced dead on account of having sustained an irreversible cessation of all functions of the brain including the brain stem, complete patient medical records required of a health facility pursuant to Health & Safety Code 1275 shall be kept, maintained, and preserved.
In conjunction with entering into an agreement with a coroner or medical examiner for release and removal of organs from bodies within that official's custody, a procurement organization must develop a protocol for organ recovery that includes personally identifiable information of the deceased such as medical records, information identifying the deceased, blood samples.
