2005 California Health and Safety Code Sections 1645 CHAPTER 4.5. THE PAUL GANN BLOOD SAFETY ACT

1645.  (a) Whenever there is a reasonable possibility, as determined
by a physician and surgeon, that a blood transfusion may be
necessary as a result of a medical or surgical procedure, the
physician and surgeon, by means of a standardized written summary as
most recently developed or revised by the State Department of Health
Services pursuant to subdivision (e), shall inform the patient of the
positive and negative aspects of receiving autologous blood and
directed and nondirected homologous blood from volunteers.  For
purposes of this section, the term "autologous blood" includes, but
is not limited to, predonation, intraoperative autologous
transfusion, plasmapheresis, and hemodilution.
   (b) The physician and surgeon shall note on the patient's medical
record that the standardized written summary described in subdivision
(e) was given to the patient.
   (c) Subdivisions (a) and (b) shall not apply when medical
contraindications or a life-threatening emergency exists.
   (d) When there is no life-threatening emergency and there are no
medical contraindications, the physician and surgeon shall allow
adequate time prior to the procedure for predonation to occur.
Notwithstanding this chapter, if a patient waives allowing adequate
time prior to the procedure for predonation to occur, a physician and
surgeon shall not incur any liability for his or her failure to
allow adequate time prior to the procedure for predonation to occur.
   (e) The State Department of Health Services shall develop and
annually review, and if necessary revise, a standardized written
summary which explains the advantages, disadvantages, risks, and
descriptions of autologous blood, and directed and nondirected
homologous blood from volunteer donors.  These blood options shall
include, but not be limited to, the blood options described in
subdivision (a).  The summary shall be written so as to be easily
understood by a layperson.
   (f) The Medical Board of California shall publish the standardized
written summary prepared pursuant to subdivision (e) by the State
Department of Health Services and shall distribute copies thereof,
upon request, to physicians and surgeons.  The Medical Board of
California shall make the summary available for a fee  not exceeding
in the aggregate the actual costs to the State Department of Health
Services and the Medical Board of California for developing,
updating, publishing and distributing the summary.  Physicians and
surgeons shall purchase the written summary from the Medical Board of
California for, or purchase or otherwise receive the written summary
from any other entity for, distribution to their patients as
specified in subdivision (a).  Clinics, health facilities, and blood
collection centers may purchase the summary if they desire.
   (g) Any entity may reproduce the written summary prepared pursuant
to subdivision (e) by the State Department of Health Services and
distribute the written summary to physicians and surgeons.