California Health and Safety Code

§ 7151.36

HSC § 7151.36 Effective Jan 1, 2016Div. 7 · Part 1 · Ch. 3.5

Statute text

(a)A hospital, physician and surgeon, procurement organization, or other person shall not determine the ultimate recipient of an anatomical gift based solely upon a potential recipient’s status as a qualified patient, as defined in Section 11362.7, or based solely upon a positive test for the use of medical marijuana by a potential recipient who is a qualified patient, as defined in Section 11362.7, except to the extent that the qualified patient’s use of medical marijuana has been found by a physician and surgeon, following a case-by-case evaluation of the potential recipient, to be medically significant to the provision of the anatomical gift.

(b)Subdivision (a) shall apply to each part of the organ transplant process. The organ transplant process includes, but is not limited to, all of the following:

(1)The referral from a primary care provider to a specialist.

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Legislative history

Added by Stats. 2015, Ch. 51, Sec. 1. (AB 258) Effective January 1, 2016.