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.
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.
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).
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.
