2005 California Health and Safety Code Sections 1644-1644.5 CHAPTER 4.2. DONATIONS OF ORGANS, TISSUES, OR BODY FLUIDS

1644.  For purposes of this chapter, "donor," "person," "tissue,"
"transplantation," and "state department" shall have the meaning as
defined for those terms in Section 1635.
1644.5.  (a) 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, agents of viral hepatitis (HBV
and HCV), human T lymphotrophic virus-1 (HTLV-1), and syphilis.  The
state department may adopt regulations requiring additional screening
tests of donors or tissues when, in the opinion of the state
department, the action is necessary for the protection of the public,
donors, or recipients.
   (b) Notwithstanding subdivision (a), infectious disease screening
of blood and blood products shall be carried out solely in accordance
with Article 2 (commencing with Section 1601) of Chapter 4.
   (c) All donors of sperm shall be screened and found nonreactive as
required under subdivision (a), except in the following instances:
   (1) A recipient of sperm, from a sperm donor known to the
recipient, may waive a second or other repeat testing of that donor
if the recipient is informed of the requirements for testing donors
under this section and signs a written waiver.
   (2) A recipient of sperm may consent to therapeutic insemination
of sperm or use of sperm in other advanced reproductive technologies
even if the sperm donor is found reactive for hepatitis B, hepatitis
C, or syphilis if the sperm donor is the spouse of, partner of, or
designated donor for that recipient.  The physician providing
insemination or advanced reproductive technology services shall
advise the donor and recipient of the potential medical risks
associated with receiving sperm from a reactive donor.  The donor and
the recipient shall sign a document affirming that each comprehends
the medical repercussions of using sperm from a reactive donor for
the proposed procedure and that each consents to it.  Copies of the
document shall be placed in the medical records of the donor and the
recipient.
   (3) Sperm whose donor has tested reactive for syphilis may be used
for the purposes of insemination or advanced reproductive technology
only after the donor has been treated for syphilis.  Sperm whose
donor has tested reactive for hepatitis B may be used for the
purposes of insemination or advanced reproductive technology only
after the recipient has been vaccinated against hepatitis B.
   (d) Subdivision (a) shall not apply to the transplantation of
tissue from a donor who has not been tested or, with the exception of
HIV, has been found reactive for the infectious diseases listed in
subdivision (a) or for which the state department has, by regulation,
required additional screening tests, if both of the following
conditions are satisfied:
   (1) The physician and surgeon performing the transplantation has
determined any one or more of the following:
   (A) Without the transplantation the intended recipient will most
likely die during the period of time necessary to obtain other tissue
or to conduct the required tests.
   (B) The intended recipient already is diagnosed with the
infectious disease for which the donor has tested positive.
   (C) The symptoms from the infectious disease for which the donor
has tested positive will most likely not appear during the intended
recipient's likely lifespan after transplantation with the tissue or
may be treated prophylactically if they do appear.
   (2) Consent for the use of the tissue has been obtained from the
recipient, if possible, or if not possible, from a member of the
recipient's family, or the recipient's legal guardian.  For purposes
of this section, "family" shall mean spouse, adult son or daughter,
either parent, adult brother or sister, or grandparent.
   (e) Human breast milk from donors who test reactive for agents of
viral hepatitis (HBV and HCV), human T lymphotrophic virus-1
(HTLV-1), HIV, or syphilis shall not be used for deposit into a milk
bank for human ingestion in California.