| 1 | 1 | | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2432Introduced by Assembly Member MaienscheinFebruary 19, 2020 An act to amend Sections 7001 and 117700 of, and to add Sections 1210.5 and 1275.9 to, the Health and Safety Code, relating to human body parts. LEGISLATIVE COUNSEL'S DIGESTAB 2432, as introduced, Maienschein. Disposition of human body parts by hospitals.(1) Existing law requires the State Department of Public Health to license and regulate clinics, including surgical clinics, and general acute care hospitals. This bill would require a surgical clinic or general acute care hospital, as part of the admissions process, to ask the patient whether the patient has a religious observation that requires the retention of human body parts, as defined, and, if so, if the patient has a funeral home to which a human body part that is severed from the patient may be released. The bill would require a surgical clinic or general acute care hospital, when a patient requests retention of a severed human body part, to note that fact on the patients record, and to retain the severed human body part until releasing the human body part to the patient-specified funeral home. The bill exempts from the retention requirement a human body part that the surgical clinic or general acute care hospital deems to be potentially infectious.(2) Existing law, the Cemetery and Funeral Act, requires the Cemetery and Funeral Bureau to license and regulate funeral homes and prescribes the means by which human remains may be properly disposed. Existing law defines human remains for this purpose as the body of a deceased person, regardless of its stage of decomposition, and cremated remains. Improper disposition of human remains is a crime.This bill would include in the definition of human remains a severed human body part that was requested to be retained pursuant to the above provisions and that has not been deemed to be potentially infectious by the surgical clinic or general acute care hospital. By expanding the definition of a crime, this bill would impose a state-mandated local program.(3) Existing law prescribes the methods by which medical waste generators dispose of medical waste and defines medical waste for that purpose. Existing law exempts specified materials from the definition of medical waste, including waste generated in biotechnology that does not contain human blood or blood products or animal blood or blood products suspected of being contaminated with infectious agents known to be communicable to humans or a highly communicable disease.This bill would exempt from the definition of medical waste a severed human body part that was requested to be retained pursuant to the above provisions, unless the human body part has been deemed by the surgical clinic or general acute care hospital to be potentially infectious.(4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1210.5 is added to the Health and Safety Code, to read:1210.5. (a) A surgical clinic, as part of the admissions process, shall ask the patient whether the patient has a religious observation that requires the retention of human body parts and, if so, if the patient has a funeral home to which a human body part that is removed from that patient may be released. The surgical clinic shall accept a declaration from either the patient or a family member or person with legal authority to make medical decisions for the patient.(b) A surgical clinic shall, if the patient requests retention of a human body part pursuant to subdivision (a), note that fact on the patients record in an appropriate place and manner to provide notice to relevant clinic staff.(c) (1) When a patient who has requested retention of a human body part pursuant to subdivision (a) undergoes a procedure severing a human body part from that patient, the severed human body part shall be retained by the surgical clinic and the selected funeral home shall be contacted to take possession of the human body part. If no funeral home has been specified by the patient, the surgical clinic shall retain the human body part until the patient or the patients designee specifies a funeral home for release.(2) A human body part that is deemed by the surgical clinic to be potentially infectious shall not be retained or surrendered to a funeral home pursuant to this section, but shall be disposed pursuant to Part 14 (commencing with Section 117600) of Division 104.(d) For purposes of this section, human body part means the limb of a human body, including, but not limited to, arms, legs, hands, feet, toes, or fingers.(e) Notwithstanding Section 1235, violation of this section is not a crime.SEC. 2. Section 1275.9 is added to the Health and Safety Code, to read:1275.9. (a) A general acute care hospital, as part of the admissions process, shall ask the patient whether the patient has a religious observation that requires the retention of human body parts and, if so, if the patient has a funeral home to which a human body part that is removed from that patient may be released. The general acute care hospital shall accept a declaration from either the patient or a family member or person with legal authority to make medical decisions for the patient.(b) A general acute care hospital shall, if the patient requests retention of a human body part pursuant to subdivision (a), note that fact on the patients record in an appropriate place and manner to provide notice to relevant hospital staff.(c) (1) When a patient who has requested retention of a human body part pursuant to subdivision (a) undergoes a procedure severing a human body part from that patient, the severed human body part shall be retained by the hospital and the selected funeral home shall be contacted to take possession of the human body part. If no funeral home has been specified by the patient, the hospital shall retain the human body part until the patient or the patients designee specifies a funeral home for release.(2) A human body part that is deemed by the hospital to be potentially infectious shall not be retained or surrendered to a funeral home pursuant to this section, but shall be disposed pursuant to Part 14 (commencing with Section 117600) of Division 104.(d) For purposes of this section, human body part means the limb of a human body, including, but not limited to, arms, legs, hands, feet, toes, or fingers.(e) Notwithstanding Section 1290, violation of this section is not a crime.SEC. 3. Section 7001 of the Health and Safety Code is amended to read:7001. Human remains or remains means the body of a deceased person, regardless of its stage of decomposition, and cremated remains. Human remains or remains also includes a human body part severed from a living person that is requested to be retained pursuant to Section 1210.5 or 1275.9 that has not been deemed by the surgical clinic or general acute care hospital to be potentially infectious.SEC. 4. Section 117700 of the Health and Safety Code is amended to read:117700. Medical waste does not include any of the following:(a) Waste generated in food processing or biotechnology that does not contain an infectious agent, as defined in Section 117675, or an agent capable of causing an infection that is highly communicable, a highly communicable disease, as defined in Section 117665.(b) Waste generated in biotechnology that does not contain human blood or blood products or animal blood or blood products suspected of being contaminated with infectious agents known to be communicable to humans or a highly communicable disease.(c) Urine, feces, saliva, sputum, nasal secretions, sweat, tears, or vomitus, unless it contains visible or recognizable fluid blood, as provided in subparagraph (C) of paragraph (1) of subdivision (b) of Section 117690.(d) Waste which that is not biohazardous, such as paper towels, paper products, articles containing nonfluid blood, and other medical solid waste products commonly found in the facilities of medical waste generators.(e) Hazardous waste, radioactive waste, or household waste, including, but not limited to, home-generated sharps waste, as defined in Section 117671.(f) Waste generated from normal and legal veterinarian, agricultural, and animal livestock management practices on a farm or ranch unless otherwise specified in law.(g) A human body part that is severed from a living person and that is requested to be retained for disposition pursuant to Section 1210.5 or 1275.9, unless that human body part has been deemed by the surgical clinic or general acute care hospital to be potentially infectious.SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2432Introduced by Assembly Member MaienscheinFebruary 19, 2020 An act to amend Sections 7001 and 117700 of, and to add Sections 1210.5 and 1275.9 to, the Health and Safety Code, relating to human body parts. LEGISLATIVE COUNSEL'S DIGESTAB 2432, as introduced, Maienschein. Disposition of human body parts by hospitals.(1) Existing law requires the State Department of Public Health to license and regulate clinics, including surgical clinics, and general acute care hospitals. This bill would require a surgical clinic or general acute care hospital, as part of the admissions process, to ask the patient whether the patient has a religious observation that requires the retention of human body parts, as defined, and, if so, if the patient has a funeral home to which a human body part that is severed from the patient may be released. The bill would require a surgical clinic or general acute care hospital, when a patient requests retention of a severed human body part, to note that fact on the patients record, and to retain the severed human body part until releasing the human body part to the patient-specified funeral home. The bill exempts from the retention requirement a human body part that the surgical clinic or general acute care hospital deems to be potentially infectious.(2) Existing law, the Cemetery and Funeral Act, requires the Cemetery and Funeral Bureau to license and regulate funeral homes and prescribes the means by which human remains may be properly disposed. Existing law defines human remains for this purpose as the body of a deceased person, regardless of its stage of decomposition, and cremated remains. Improper disposition of human remains is a crime.This bill would include in the definition of human remains a severed human body part that was requested to be retained pursuant to the above provisions and that has not been deemed to be potentially infectious by the surgical clinic or general acute care hospital. By expanding the definition of a crime, this bill would impose a state-mandated local program.(3) Existing law prescribes the methods by which medical waste generators dispose of medical waste and defines medical waste for that purpose. Existing law exempts specified materials from the definition of medical waste, including waste generated in biotechnology that does not contain human blood or blood products or animal blood or blood products suspected of being contaminated with infectious agents known to be communicable to humans or a highly communicable disease.This bill would exempt from the definition of medical waste a severed human body part that was requested to be retained pursuant to the above provisions, unless the human body part has been deemed by the surgical clinic or general acute care hospital to be potentially infectious.(4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | |
|---|
| 8 | 8 | | |
|---|
| 9 | 9 | | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION |
|---|
| 10 | 10 | | |
|---|
| 11 | 11 | | Assembly Bill |
|---|
| 12 | 12 | | |
|---|
| 13 | 13 | | No. 2432 |
|---|
| 14 | 14 | | |
|---|
| 15 | 15 | | Introduced by Assembly Member MaienscheinFebruary 19, 2020 |
|---|
| 16 | 16 | | |
|---|
| 17 | 17 | | Introduced by Assembly Member Maienschein |
|---|
| 18 | 18 | | February 19, 2020 |
|---|
| 19 | 19 | | |
|---|
| 20 | 20 | | An act to amend Sections 7001 and 117700 of, and to add Sections 1210.5 and 1275.9 to, the Health and Safety Code, relating to human body parts. |
|---|
| 21 | 21 | | |
|---|
| 22 | 22 | | LEGISLATIVE COUNSEL'S DIGEST |
|---|
| 23 | 23 | | |
|---|
| 24 | 24 | | ## LEGISLATIVE COUNSEL'S DIGEST |
|---|
| 25 | 25 | | |
|---|
| 26 | 26 | | AB 2432, as introduced, Maienschein. Disposition of human body parts by hospitals. |
|---|
| 27 | 27 | | |
|---|
| 28 | 28 | | (1) Existing law requires the State Department of Public Health to license and regulate clinics, including surgical clinics, and general acute care hospitals. This bill would require a surgical clinic or general acute care hospital, as part of the admissions process, to ask the patient whether the patient has a religious observation that requires the retention of human body parts, as defined, and, if so, if the patient has a funeral home to which a human body part that is severed from the patient may be released. The bill would require a surgical clinic or general acute care hospital, when a patient requests retention of a severed human body part, to note that fact on the patients record, and to retain the severed human body part until releasing the human body part to the patient-specified funeral home. The bill exempts from the retention requirement a human body part that the surgical clinic or general acute care hospital deems to be potentially infectious.(2) Existing law, the Cemetery and Funeral Act, requires the Cemetery and Funeral Bureau to license and regulate funeral homes and prescribes the means by which human remains may be properly disposed. Existing law defines human remains for this purpose as the body of a deceased person, regardless of its stage of decomposition, and cremated remains. Improper disposition of human remains is a crime.This bill would include in the definition of human remains a severed human body part that was requested to be retained pursuant to the above provisions and that has not been deemed to be potentially infectious by the surgical clinic or general acute care hospital. By expanding the definition of a crime, this bill would impose a state-mandated local program.(3) Existing law prescribes the methods by which medical waste generators dispose of medical waste and defines medical waste for that purpose. Existing law exempts specified materials from the definition of medical waste, including waste generated in biotechnology that does not contain human blood or blood products or animal blood or blood products suspected of being contaminated with infectious agents known to be communicable to humans or a highly communicable disease.This bill would exempt from the definition of medical waste a severed human body part that was requested to be retained pursuant to the above provisions, unless the human body part has been deemed by the surgical clinic or general acute care hospital to be potentially infectious.(4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason. |
|---|
| 29 | 29 | | |
|---|
| 30 | 30 | | (1) Existing law requires the State Department of Public Health to license and regulate clinics, including surgical clinics, and general acute care hospitals. |
|---|
| 31 | 31 | | |
|---|
| 32 | 32 | | This bill would require a surgical clinic or general acute care hospital, as part of the admissions process, to ask the patient whether the patient has a religious observation that requires the retention of human body parts, as defined, and, if so, if the patient has a funeral home to which a human body part that is severed from the patient may be released. The bill would require a surgical clinic or general acute care hospital, when a patient requests retention of a severed human body part, to note that fact on the patients record, and to retain the severed human body part until releasing the human body part to the patient-specified funeral home. The bill exempts from the retention requirement a human body part that the surgical clinic or general acute care hospital deems to be potentially infectious. |
|---|
| 33 | 33 | | |
|---|
| 34 | 34 | | (2) Existing law, the Cemetery and Funeral Act, requires the Cemetery and Funeral Bureau to license and regulate funeral homes and prescribes the means by which human remains may be properly disposed. Existing law defines human remains for this purpose as the body of a deceased person, regardless of its stage of decomposition, and cremated remains. Improper disposition of human remains is a crime. |
|---|
| 35 | 35 | | |
|---|
| 36 | 36 | | This bill would include in the definition of human remains a severed human body part that was requested to be retained pursuant to the above provisions and that has not been deemed to be potentially infectious by the surgical clinic or general acute care hospital. By expanding the definition of a crime, this bill would impose a state-mandated local program. |
|---|
| 37 | 37 | | |
|---|
| 38 | 38 | | (3) Existing law prescribes the methods by which medical waste generators dispose of medical waste and defines medical waste for that purpose. Existing law exempts specified materials from the definition of medical waste, including waste generated in biotechnology that does not contain human blood or blood products or animal blood or blood products suspected of being contaminated with infectious agents known to be communicable to humans or a highly communicable disease. |
|---|
| 39 | 39 | | |
|---|
| 40 | 40 | | This bill would exempt from the definition of medical waste a severed human body part that was requested to be retained pursuant to the above provisions, unless the human body part has been deemed by the surgical clinic or general acute care hospital to be potentially infectious. |
|---|
| 41 | 41 | | |
|---|
| 42 | 42 | | (4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. |
|---|
| 43 | 43 | | |
|---|
| 44 | 44 | | This bill would provide that no reimbursement is required by this act for a specified reason. |
|---|
| 45 | 45 | | |
|---|
| 46 | 46 | | ## Digest Key |
|---|
| 47 | 47 | | |
|---|
| 48 | 48 | | ## Bill Text |
|---|
| 49 | 49 | | |
|---|
| 50 | 50 | | The people of the State of California do enact as follows:SECTION 1. Section 1210.5 is added to the Health and Safety Code, to read:1210.5. (a) A surgical clinic, as part of the admissions process, shall ask the patient whether the patient has a religious observation that requires the retention of human body parts and, if so, if the patient has a funeral home to which a human body part that is removed from that patient may be released. The surgical clinic shall accept a declaration from either the patient or a family member or person with legal authority to make medical decisions for the patient.(b) A surgical clinic shall, if the patient requests retention of a human body part pursuant to subdivision (a), note that fact on the patients record in an appropriate place and manner to provide notice to relevant clinic staff.(c) (1) When a patient who has requested retention of a human body part pursuant to subdivision (a) undergoes a procedure severing a human body part from that patient, the severed human body part shall be retained by the surgical clinic and the selected funeral home shall be contacted to take possession of the human body part. If no funeral home has been specified by the patient, the surgical clinic shall retain the human body part until the patient or the patients designee specifies a funeral home for release.(2) A human body part that is deemed by the surgical clinic to be potentially infectious shall not be retained or surrendered to a funeral home pursuant to this section, but shall be disposed pursuant to Part 14 (commencing with Section 117600) of Division 104.(d) For purposes of this section, human body part means the limb of a human body, including, but not limited to, arms, legs, hands, feet, toes, or fingers.(e) Notwithstanding Section 1235, violation of this section is not a crime.SEC. 2. Section 1275.9 is added to the Health and Safety Code, to read:1275.9. (a) A general acute care hospital, as part of the admissions process, shall ask the patient whether the patient has a religious observation that requires the retention of human body parts and, if so, if the patient has a funeral home to which a human body part that is removed from that patient may be released. The general acute care hospital shall accept a declaration from either the patient or a family member or person with legal authority to make medical decisions for the patient.(b) A general acute care hospital shall, if the patient requests retention of a human body part pursuant to subdivision (a), note that fact on the patients record in an appropriate place and manner to provide notice to relevant hospital staff.(c) (1) When a patient who has requested retention of a human body part pursuant to subdivision (a) undergoes a procedure severing a human body part from that patient, the severed human body part shall be retained by the hospital and the selected funeral home shall be contacted to take possession of the human body part. If no funeral home has been specified by the patient, the hospital shall retain the human body part until the patient or the patients designee specifies a funeral home for release.(2) A human body part that is deemed by the hospital to be potentially infectious shall not be retained or surrendered to a funeral home pursuant to this section, but shall be disposed pursuant to Part 14 (commencing with Section 117600) of Division 104.(d) For purposes of this section, human body part means the limb of a human body, including, but not limited to, arms, legs, hands, feet, toes, or fingers.(e) Notwithstanding Section 1290, violation of this section is not a crime.SEC. 3. Section 7001 of the Health and Safety Code is amended to read:7001. Human remains or remains means the body of a deceased person, regardless of its stage of decomposition, and cremated remains. Human remains or remains also includes a human body part severed from a living person that is requested to be retained pursuant to Section 1210.5 or 1275.9 that has not been deemed by the surgical clinic or general acute care hospital to be potentially infectious.SEC. 4. Section 117700 of the Health and Safety Code is amended to read:117700. Medical waste does not include any of the following:(a) Waste generated in food processing or biotechnology that does not contain an infectious agent, as defined in Section 117675, or an agent capable of causing an infection that is highly communicable, a highly communicable disease, as defined in Section 117665.(b) Waste generated in biotechnology that does not contain human blood or blood products or animal blood or blood products suspected of being contaminated with infectious agents known to be communicable to humans or a highly communicable disease.(c) Urine, feces, saliva, sputum, nasal secretions, sweat, tears, or vomitus, unless it contains visible or recognizable fluid blood, as provided in subparagraph (C) of paragraph (1) of subdivision (b) of Section 117690.(d) Waste which that is not biohazardous, such as paper towels, paper products, articles containing nonfluid blood, and other medical solid waste products commonly found in the facilities of medical waste generators.(e) Hazardous waste, radioactive waste, or household waste, including, but not limited to, home-generated sharps waste, as defined in Section 117671.(f) Waste generated from normal and legal veterinarian, agricultural, and animal livestock management practices on a farm or ranch unless otherwise specified in law.(g) A human body part that is severed from a living person and that is requested to be retained for disposition pursuant to Section 1210.5 or 1275.9, unless that human body part has been deemed by the surgical clinic or general acute care hospital to be potentially infectious.SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. |
|---|
| 51 | 51 | | |
|---|
| 52 | 52 | | The people of the State of California do enact as follows: |
|---|
| 53 | 53 | | |
|---|
| 54 | 54 | | ## The people of the State of California do enact as follows: |
|---|
| 55 | 55 | | |
|---|
| 56 | 56 | | SECTION 1. Section 1210.5 is added to the Health and Safety Code, to read:1210.5. (a) A surgical clinic, as part of the admissions process, shall ask the patient whether the patient has a religious observation that requires the retention of human body parts and, if so, if the patient has a funeral home to which a human body part that is removed from that patient may be released. The surgical clinic shall accept a declaration from either the patient or a family member or person with legal authority to make medical decisions for the patient.(b) A surgical clinic shall, if the patient requests retention of a human body part pursuant to subdivision (a), note that fact on the patients record in an appropriate place and manner to provide notice to relevant clinic staff.(c) (1) When a patient who has requested retention of a human body part pursuant to subdivision (a) undergoes a procedure severing a human body part from that patient, the severed human body part shall be retained by the surgical clinic and the selected funeral home shall be contacted to take possession of the human body part. If no funeral home has been specified by the patient, the surgical clinic shall retain the human body part until the patient or the patients designee specifies a funeral home for release.(2) A human body part that is deemed by the surgical clinic to be potentially infectious shall not be retained or surrendered to a funeral home pursuant to this section, but shall be disposed pursuant to Part 14 (commencing with Section 117600) of Division 104.(d) For purposes of this section, human body part means the limb of a human body, including, but not limited to, arms, legs, hands, feet, toes, or fingers.(e) Notwithstanding Section 1235, violation of this section is not a crime. |
|---|
| 57 | 57 | | |
|---|
| 58 | 58 | | SECTION 1. Section 1210.5 is added to the Health and Safety Code, to read: |
|---|
| 59 | 59 | | |
|---|
| 60 | 60 | | ### SECTION 1. |
|---|
| 61 | 61 | | |
|---|
| 62 | 62 | | 1210.5. (a) A surgical clinic, as part of the admissions process, shall ask the patient whether the patient has a religious observation that requires the retention of human body parts and, if so, if the patient has a funeral home to which a human body part that is removed from that patient may be released. The surgical clinic shall accept a declaration from either the patient or a family member or person with legal authority to make medical decisions for the patient.(b) A surgical clinic shall, if the patient requests retention of a human body part pursuant to subdivision (a), note that fact on the patients record in an appropriate place and manner to provide notice to relevant clinic staff.(c) (1) When a patient who has requested retention of a human body part pursuant to subdivision (a) undergoes a procedure severing a human body part from that patient, the severed human body part shall be retained by the surgical clinic and the selected funeral home shall be contacted to take possession of the human body part. If no funeral home has been specified by the patient, the surgical clinic shall retain the human body part until the patient or the patients designee specifies a funeral home for release.(2) A human body part that is deemed by the surgical clinic to be potentially infectious shall not be retained or surrendered to a funeral home pursuant to this section, but shall be disposed pursuant to Part 14 (commencing with Section 117600) of Division 104.(d) For purposes of this section, human body part means the limb of a human body, including, but not limited to, arms, legs, hands, feet, toes, or fingers.(e) Notwithstanding Section 1235, violation of this section is not a crime. |
|---|
| 63 | 63 | | |
|---|
| 64 | 64 | | 1210.5. (a) A surgical clinic, as part of the admissions process, shall ask the patient whether the patient has a religious observation that requires the retention of human body parts and, if so, if the patient has a funeral home to which a human body part that is removed from that patient may be released. The surgical clinic shall accept a declaration from either the patient or a family member or person with legal authority to make medical decisions for the patient.(b) A surgical clinic shall, if the patient requests retention of a human body part pursuant to subdivision (a), note that fact on the patients record in an appropriate place and manner to provide notice to relevant clinic staff.(c) (1) When a patient who has requested retention of a human body part pursuant to subdivision (a) undergoes a procedure severing a human body part from that patient, the severed human body part shall be retained by the surgical clinic and the selected funeral home shall be contacted to take possession of the human body part. If no funeral home has been specified by the patient, the surgical clinic shall retain the human body part until the patient or the patients designee specifies a funeral home for release.(2) A human body part that is deemed by the surgical clinic to be potentially infectious shall not be retained or surrendered to a funeral home pursuant to this section, but shall be disposed pursuant to Part 14 (commencing with Section 117600) of Division 104.(d) For purposes of this section, human body part means the limb of a human body, including, but not limited to, arms, legs, hands, feet, toes, or fingers.(e) Notwithstanding Section 1235, violation of this section is not a crime. |
|---|
| 65 | 65 | | |
|---|
| 66 | 66 | | 1210.5. (a) A surgical clinic, as part of the admissions process, shall ask the patient whether the patient has a religious observation that requires the retention of human body parts and, if so, if the patient has a funeral home to which a human body part that is removed from that patient may be released. The surgical clinic shall accept a declaration from either the patient or a family member or person with legal authority to make medical decisions for the patient.(b) A surgical clinic shall, if the patient requests retention of a human body part pursuant to subdivision (a), note that fact on the patients record in an appropriate place and manner to provide notice to relevant clinic staff.(c) (1) When a patient who has requested retention of a human body part pursuant to subdivision (a) undergoes a procedure severing a human body part from that patient, the severed human body part shall be retained by the surgical clinic and the selected funeral home shall be contacted to take possession of the human body part. If no funeral home has been specified by the patient, the surgical clinic shall retain the human body part until the patient or the patients designee specifies a funeral home for release.(2) A human body part that is deemed by the surgical clinic to be potentially infectious shall not be retained or surrendered to a funeral home pursuant to this section, but shall be disposed pursuant to Part 14 (commencing with Section 117600) of Division 104.(d) For purposes of this section, human body part means the limb of a human body, including, but not limited to, arms, legs, hands, feet, toes, or fingers.(e) Notwithstanding Section 1235, violation of this section is not a crime. |
|---|
| 67 | 67 | | |
|---|
| 68 | 68 | | |
|---|
| 69 | 69 | | |
|---|
| 70 | 70 | | 1210.5. (a) A surgical clinic, as part of the admissions process, shall ask the patient whether the patient has a religious observation that requires the retention of human body parts and, if so, if the patient has a funeral home to which a human body part that is removed from that patient may be released. The surgical clinic shall accept a declaration from either the patient or a family member or person with legal authority to make medical decisions for the patient. |
|---|
| 71 | 71 | | |
|---|
| 72 | 72 | | (b) A surgical clinic shall, if the patient requests retention of a human body part pursuant to subdivision (a), note that fact on the patients record in an appropriate place and manner to provide notice to relevant clinic staff. |
|---|
| 73 | 73 | | |
|---|
| 74 | 74 | | (c) (1) When a patient who has requested retention of a human body part pursuant to subdivision (a) undergoes a procedure severing a human body part from that patient, the severed human body part shall be retained by the surgical clinic and the selected funeral home shall be contacted to take possession of the human body part. If no funeral home has been specified by the patient, the surgical clinic shall retain the human body part until the patient or the patients designee specifies a funeral home for release. |
|---|
| 75 | 75 | | |
|---|
| 76 | 76 | | (2) A human body part that is deemed by the surgical clinic to be potentially infectious shall not be retained or surrendered to a funeral home pursuant to this section, but shall be disposed pursuant to Part 14 (commencing with Section 117600) of Division 104. |
|---|
| 77 | 77 | | |
|---|
| 78 | 78 | | (d) For purposes of this section, human body part means the limb of a human body, including, but not limited to, arms, legs, hands, feet, toes, or fingers. |
|---|
| 79 | 79 | | |
|---|
| 80 | 80 | | (e) Notwithstanding Section 1235, violation of this section is not a crime. |
|---|
| 81 | 81 | | |
|---|
| 82 | 82 | | SEC. 2. Section 1275.9 is added to the Health and Safety Code, to read:1275.9. (a) A general acute care hospital, as part of the admissions process, shall ask the patient whether the patient has a religious observation that requires the retention of human body parts and, if so, if the patient has a funeral home to which a human body part that is removed from that patient may be released. The general acute care hospital shall accept a declaration from either the patient or a family member or person with legal authority to make medical decisions for the patient.(b) A general acute care hospital shall, if the patient requests retention of a human body part pursuant to subdivision (a), note that fact on the patients record in an appropriate place and manner to provide notice to relevant hospital staff.(c) (1) When a patient who has requested retention of a human body part pursuant to subdivision (a) undergoes a procedure severing a human body part from that patient, the severed human body part shall be retained by the hospital and the selected funeral home shall be contacted to take possession of the human body part. If no funeral home has been specified by the patient, the hospital shall retain the human body part until the patient or the patients designee specifies a funeral home for release.(2) A human body part that is deemed by the hospital to be potentially infectious shall not be retained or surrendered to a funeral home pursuant to this section, but shall be disposed pursuant to Part 14 (commencing with Section 117600) of Division 104.(d) For purposes of this section, human body part means the limb of a human body, including, but not limited to, arms, legs, hands, feet, toes, or fingers.(e) Notwithstanding Section 1290, violation of this section is not a crime. |
|---|
| 83 | 83 | | |
|---|
| 84 | 84 | | SEC. 2. Section 1275.9 is added to the Health and Safety Code, to read: |
|---|
| 85 | 85 | | |
|---|
| 86 | 86 | | ### SEC. 2. |
|---|
| 87 | 87 | | |
|---|
| 88 | 88 | | 1275.9. (a) A general acute care hospital, as part of the admissions process, shall ask the patient whether the patient has a religious observation that requires the retention of human body parts and, if so, if the patient has a funeral home to which a human body part that is removed from that patient may be released. The general acute care hospital shall accept a declaration from either the patient or a family member or person with legal authority to make medical decisions for the patient.(b) A general acute care hospital shall, if the patient requests retention of a human body part pursuant to subdivision (a), note that fact on the patients record in an appropriate place and manner to provide notice to relevant hospital staff.(c) (1) When a patient who has requested retention of a human body part pursuant to subdivision (a) undergoes a procedure severing a human body part from that patient, the severed human body part shall be retained by the hospital and the selected funeral home shall be contacted to take possession of the human body part. If no funeral home has been specified by the patient, the hospital shall retain the human body part until the patient or the patients designee specifies a funeral home for release.(2) A human body part that is deemed by the hospital to be potentially infectious shall not be retained or surrendered to a funeral home pursuant to this section, but shall be disposed pursuant to Part 14 (commencing with Section 117600) of Division 104.(d) For purposes of this section, human body part means the limb of a human body, including, but not limited to, arms, legs, hands, feet, toes, or fingers.(e) Notwithstanding Section 1290, violation of this section is not a crime. |
|---|
| 89 | 89 | | |
|---|
| 90 | 90 | | 1275.9. (a) A general acute care hospital, as part of the admissions process, shall ask the patient whether the patient has a religious observation that requires the retention of human body parts and, if so, if the patient has a funeral home to which a human body part that is removed from that patient may be released. The general acute care hospital shall accept a declaration from either the patient or a family member or person with legal authority to make medical decisions for the patient.(b) A general acute care hospital shall, if the patient requests retention of a human body part pursuant to subdivision (a), note that fact on the patients record in an appropriate place and manner to provide notice to relevant hospital staff.(c) (1) When a patient who has requested retention of a human body part pursuant to subdivision (a) undergoes a procedure severing a human body part from that patient, the severed human body part shall be retained by the hospital and the selected funeral home shall be contacted to take possession of the human body part. If no funeral home has been specified by the patient, the hospital shall retain the human body part until the patient or the patients designee specifies a funeral home for release.(2) A human body part that is deemed by the hospital to be potentially infectious shall not be retained or surrendered to a funeral home pursuant to this section, but shall be disposed pursuant to Part 14 (commencing with Section 117600) of Division 104.(d) For purposes of this section, human body part means the limb of a human body, including, but not limited to, arms, legs, hands, feet, toes, or fingers.(e) Notwithstanding Section 1290, violation of this section is not a crime. |
|---|
| 91 | 91 | | |
|---|
| 92 | 92 | | 1275.9. (a) A general acute care hospital, as part of the admissions process, shall ask the patient whether the patient has a religious observation that requires the retention of human body parts and, if so, if the patient has a funeral home to which a human body part that is removed from that patient may be released. The general acute care hospital shall accept a declaration from either the patient or a family member or person with legal authority to make medical decisions for the patient.(b) A general acute care hospital shall, if the patient requests retention of a human body part pursuant to subdivision (a), note that fact on the patients record in an appropriate place and manner to provide notice to relevant hospital staff.(c) (1) When a patient who has requested retention of a human body part pursuant to subdivision (a) undergoes a procedure severing a human body part from that patient, the severed human body part shall be retained by the hospital and the selected funeral home shall be contacted to take possession of the human body part. If no funeral home has been specified by the patient, the hospital shall retain the human body part until the patient or the patients designee specifies a funeral home for release.(2) A human body part that is deemed by the hospital to be potentially infectious shall not be retained or surrendered to a funeral home pursuant to this section, but shall be disposed pursuant to Part 14 (commencing with Section 117600) of Division 104.(d) For purposes of this section, human body part means the limb of a human body, including, but not limited to, arms, legs, hands, feet, toes, or fingers.(e) Notwithstanding Section 1290, violation of this section is not a crime. |
|---|
| 93 | 93 | | |
|---|
| 94 | 94 | | |
|---|
| 95 | 95 | | |
|---|
| 96 | 96 | | 1275.9. (a) A general acute care hospital, as part of the admissions process, shall ask the patient whether the patient has a religious observation that requires the retention of human body parts and, if so, if the patient has a funeral home to which a human body part that is removed from that patient may be released. The general acute care hospital shall accept a declaration from either the patient or a family member or person with legal authority to make medical decisions for the patient. |
|---|
| 97 | 97 | | |
|---|
| 98 | 98 | | (b) A general acute care hospital shall, if the patient requests retention of a human body part pursuant to subdivision (a), note that fact on the patients record in an appropriate place and manner to provide notice to relevant hospital staff. |
|---|
| 99 | 99 | | |
|---|
| 100 | 100 | | (c) (1) When a patient who has requested retention of a human body part pursuant to subdivision (a) undergoes a procedure severing a human body part from that patient, the severed human body part shall be retained by the hospital and the selected funeral home shall be contacted to take possession of the human body part. If no funeral home has been specified by the patient, the hospital shall retain the human body part until the patient or the patients designee specifies a funeral home for release. |
|---|
| 101 | 101 | | |
|---|
| 102 | 102 | | (2) A human body part that is deemed by the hospital to be potentially infectious shall not be retained or surrendered to a funeral home pursuant to this section, but shall be disposed pursuant to Part 14 (commencing with Section 117600) of Division 104. |
|---|
| 103 | 103 | | |
|---|
| 104 | 104 | | (d) For purposes of this section, human body part means the limb of a human body, including, but not limited to, arms, legs, hands, feet, toes, or fingers. |
|---|
| 105 | 105 | | |
|---|
| 106 | 106 | | (e) Notwithstanding Section 1290, violation of this section is not a crime. |
|---|
| 107 | 107 | | |
|---|
| 108 | 108 | | SEC. 3. Section 7001 of the Health and Safety Code is amended to read:7001. Human remains or remains means the body of a deceased person, regardless of its stage of decomposition, and cremated remains. Human remains or remains also includes a human body part severed from a living person that is requested to be retained pursuant to Section 1210.5 or 1275.9 that has not been deemed by the surgical clinic or general acute care hospital to be potentially infectious. |
|---|
| 109 | 109 | | |
|---|
| 110 | 110 | | SEC. 3. Section 7001 of the Health and Safety Code is amended to read: |
|---|
| 111 | 111 | | |
|---|
| 112 | 112 | | ### SEC. 3. |
|---|
| 113 | 113 | | |
|---|
| 114 | 114 | | 7001. Human remains or remains means the body of a deceased person, regardless of its stage of decomposition, and cremated remains. Human remains or remains also includes a human body part severed from a living person that is requested to be retained pursuant to Section 1210.5 or 1275.9 that has not been deemed by the surgical clinic or general acute care hospital to be potentially infectious. |
|---|
| 115 | 115 | | |
|---|
| 116 | 116 | | 7001. Human remains or remains means the body of a deceased person, regardless of its stage of decomposition, and cremated remains. Human remains or remains also includes a human body part severed from a living person that is requested to be retained pursuant to Section 1210.5 or 1275.9 that has not been deemed by the surgical clinic or general acute care hospital to be potentially infectious. |
|---|
| 117 | 117 | | |
|---|
| 118 | 118 | | 7001. Human remains or remains means the body of a deceased person, regardless of its stage of decomposition, and cremated remains. Human remains or remains also includes a human body part severed from a living person that is requested to be retained pursuant to Section 1210.5 or 1275.9 that has not been deemed by the surgical clinic or general acute care hospital to be potentially infectious. |
|---|
| 119 | 119 | | |
|---|
| 120 | 120 | | |
|---|
| 121 | 121 | | |
|---|
| 122 | 122 | | 7001. Human remains or remains means the body of a deceased person, regardless of its stage of decomposition, and cremated remains. Human remains or remains also includes a human body part severed from a living person that is requested to be retained pursuant to Section 1210.5 or 1275.9 that has not been deemed by the surgical clinic or general acute care hospital to be potentially infectious. |
|---|
| 123 | 123 | | |
|---|
| 124 | 124 | | SEC. 4. Section 117700 of the Health and Safety Code is amended to read:117700. Medical waste does not include any of the following:(a) Waste generated in food processing or biotechnology that does not contain an infectious agent, as defined in Section 117675, or an agent capable of causing an infection that is highly communicable, a highly communicable disease, as defined in Section 117665.(b) Waste generated in biotechnology that does not contain human blood or blood products or animal blood or blood products suspected of being contaminated with infectious agents known to be communicable to humans or a highly communicable disease.(c) Urine, feces, saliva, sputum, nasal secretions, sweat, tears, or vomitus, unless it contains visible or recognizable fluid blood, as provided in subparagraph (C) of paragraph (1) of subdivision (b) of Section 117690.(d) Waste which that is not biohazardous, such as paper towels, paper products, articles containing nonfluid blood, and other medical solid waste products commonly found in the facilities of medical waste generators.(e) Hazardous waste, radioactive waste, or household waste, including, but not limited to, home-generated sharps waste, as defined in Section 117671.(f) Waste generated from normal and legal veterinarian, agricultural, and animal livestock management practices on a farm or ranch unless otherwise specified in law.(g) A human body part that is severed from a living person and that is requested to be retained for disposition pursuant to Section 1210.5 or 1275.9, unless that human body part has been deemed by the surgical clinic or general acute care hospital to be potentially infectious. |
|---|
| 125 | 125 | | |
|---|
| 126 | 126 | | SEC. 4. Section 117700 of the Health and Safety Code is amended to read: |
|---|
| 127 | 127 | | |
|---|
| 128 | 128 | | ### SEC. 4. |
|---|
| 129 | 129 | | |
|---|
| 130 | 130 | | 117700. Medical waste does not include any of the following:(a) Waste generated in food processing or biotechnology that does not contain an infectious agent, as defined in Section 117675, or an agent capable of causing an infection that is highly communicable, a highly communicable disease, as defined in Section 117665.(b) Waste generated in biotechnology that does not contain human blood or blood products or animal blood or blood products suspected of being contaminated with infectious agents known to be communicable to humans or a highly communicable disease.(c) Urine, feces, saliva, sputum, nasal secretions, sweat, tears, or vomitus, unless it contains visible or recognizable fluid blood, as provided in subparagraph (C) of paragraph (1) of subdivision (b) of Section 117690.(d) Waste which that is not biohazardous, such as paper towels, paper products, articles containing nonfluid blood, and other medical solid waste products commonly found in the facilities of medical waste generators.(e) Hazardous waste, radioactive waste, or household waste, including, but not limited to, home-generated sharps waste, as defined in Section 117671.(f) Waste generated from normal and legal veterinarian, agricultural, and animal livestock management practices on a farm or ranch unless otherwise specified in law.(g) A human body part that is severed from a living person and that is requested to be retained for disposition pursuant to Section 1210.5 or 1275.9, unless that human body part has been deemed by the surgical clinic or general acute care hospital to be potentially infectious. |
|---|
| 131 | 131 | | |
|---|
| 132 | 132 | | 117700. Medical waste does not include any of the following:(a) Waste generated in food processing or biotechnology that does not contain an infectious agent, as defined in Section 117675, or an agent capable of causing an infection that is highly communicable, a highly communicable disease, as defined in Section 117665.(b) Waste generated in biotechnology that does not contain human blood or blood products or animal blood or blood products suspected of being contaminated with infectious agents known to be communicable to humans or a highly communicable disease.(c) Urine, feces, saliva, sputum, nasal secretions, sweat, tears, or vomitus, unless it contains visible or recognizable fluid blood, as provided in subparagraph (C) of paragraph (1) of subdivision (b) of Section 117690.(d) Waste which that is not biohazardous, such as paper towels, paper products, articles containing nonfluid blood, and other medical solid waste products commonly found in the facilities of medical waste generators.(e) Hazardous waste, radioactive waste, or household waste, including, but not limited to, home-generated sharps waste, as defined in Section 117671.(f) Waste generated from normal and legal veterinarian, agricultural, and animal livestock management practices on a farm or ranch unless otherwise specified in law.(g) A human body part that is severed from a living person and that is requested to be retained for disposition pursuant to Section 1210.5 or 1275.9, unless that human body part has been deemed by the surgical clinic or general acute care hospital to be potentially infectious. |
|---|
| 133 | 133 | | |
|---|
| 134 | 134 | | 117700. Medical waste does not include any of the following:(a) Waste generated in food processing or biotechnology that does not contain an infectious agent, as defined in Section 117675, or an agent capable of causing an infection that is highly communicable, a highly communicable disease, as defined in Section 117665.(b) Waste generated in biotechnology that does not contain human blood or blood products or animal blood or blood products suspected of being contaminated with infectious agents known to be communicable to humans or a highly communicable disease.(c) Urine, feces, saliva, sputum, nasal secretions, sweat, tears, or vomitus, unless it contains visible or recognizable fluid blood, as provided in subparagraph (C) of paragraph (1) of subdivision (b) of Section 117690.(d) Waste which that is not biohazardous, such as paper towels, paper products, articles containing nonfluid blood, and other medical solid waste products commonly found in the facilities of medical waste generators.(e) Hazardous waste, radioactive waste, or household waste, including, but not limited to, home-generated sharps waste, as defined in Section 117671.(f) Waste generated from normal and legal veterinarian, agricultural, and animal livestock management practices on a farm or ranch unless otherwise specified in law.(g) A human body part that is severed from a living person and that is requested to be retained for disposition pursuant to Section 1210.5 or 1275.9, unless that human body part has been deemed by the surgical clinic or general acute care hospital to be potentially infectious. |
|---|
| 135 | 135 | | |
|---|
| 136 | 136 | | |
|---|
| 137 | 137 | | |
|---|
| 138 | 138 | | 117700. Medical waste does not include any of the following: |
|---|
| 139 | 139 | | |
|---|
| 140 | 140 | | (a) Waste generated in food processing or biotechnology that does not contain an infectious agent, as defined in Section 117675, or an agent capable of causing an infection that is highly communicable, a highly communicable disease, as defined in Section 117665. |
|---|
| 141 | 141 | | |
|---|
| 142 | 142 | | (b) Waste generated in biotechnology that does not contain human blood or blood products or animal blood or blood products suspected of being contaminated with infectious agents known to be communicable to humans or a highly communicable disease. |
|---|
| 143 | 143 | | |
|---|
| 144 | 144 | | (c) Urine, feces, saliva, sputum, nasal secretions, sweat, tears, or vomitus, unless it contains visible or recognizable fluid blood, as provided in subparagraph (C) of paragraph (1) of subdivision (b) of Section 117690. |
|---|
| 145 | 145 | | |
|---|
| 146 | 146 | | (d) Waste which that is not biohazardous, such as paper towels, paper products, articles containing nonfluid blood, and other medical solid waste products commonly found in the facilities of medical waste generators. |
|---|
| 147 | 147 | | |
|---|
| 148 | 148 | | (e) Hazardous waste, radioactive waste, or household waste, including, but not limited to, home-generated sharps waste, as defined in Section 117671. |
|---|
| 149 | 149 | | |
|---|
| 150 | 150 | | (f) Waste generated from normal and legal veterinarian, agricultural, and animal livestock management practices on a farm or ranch unless otherwise specified in law. |
|---|
| 151 | 151 | | |
|---|
| 152 | 152 | | (g) A human body part that is severed from a living person and that is requested to be retained for disposition pursuant to Section 1210.5 or 1275.9, unless that human body part has been deemed by the surgical clinic or general acute care hospital to be potentially infectious. |
|---|
| 153 | 153 | | |
|---|
| 154 | 154 | | SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. |
|---|
| 155 | 155 | | |
|---|
| 156 | 156 | | SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. |
|---|
| 157 | 157 | | |
|---|
| 158 | 158 | | SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. |
|---|
| 159 | 159 | | |
|---|
| 160 | 160 | | ### SEC. 5. |
|---|