Tissue donation.

Existing law prohibits the transfer of any tissues, as defined, into the body of another person by means of transplantation, unless the donor of the tissues has been screened and found nonreactive for evidence of infection with human immunodeficiency virus (HIV) , agents of viral hepatitis (HBV and HCV) , human T lymphotrophic virus-1 (HTLV-1) , and syphilis, except as provided. This bill would require testing for evidence of infection with HTLV only in tissues that are rich in viable leukocytes. Existing law requires that all donors of sperm be screened and found nonreactive under the above provisions, except as provided. Under existing law, a sperm donor who has tested reactive for HIV or HTLV-1 may be used for insemination or advanced reproductive technology for a recipient who has tested negative only after processing to minimize the infectiousness of the sperm. The State Department of Public Health is required to adopt regulations by January 1, 2010, regulating facilities that perform this processing. Existing law further requires the physician providing insemination or advanced reproductive technologies to, among other things, inform the recipient that the processing may not eliminate the risk of infection, that the sperm may be tested to ensure that it is free from HIV or HTLV-1, and about the potential adverse effects of testing on the sperm. This bill would extend until January 1, 2014, the date for adopting regulations and would allow the department to adopt initial regulations based on the "Guidelines for Reducing Risk of Viral Transmission During Fertility Treatment" using a specified process. The bill would also require the physician to inform the recipient that she must provide documentation to the physician providing insemination or advanced reproductive technology services prior to treatment that she has established an ongoing physician relationship with another physician to provide for her medical care during and after completion of fertility services and about the medical guidelines for testing after use of sperm from an HIV or HTLV reactive spouse, partner, or designated donor. Under existing law, the physician performing insemination or advanced reproductive technology is required to provide prophylactic treatments, followup testing, and monitoring, as specified, to the recipient to minimize the risk of infection. This bill would remove those requirements but would require the physician to recommend followup testing of the recipient for HIV and HTLV, as specified. Existing law allows the use of sperm from a donor who has tested reactive for HIV or HTLV-1 if the recipient has also previously been documented with HIV or HTLV-1 and where mutual consent has been obtained. This bill would remove this provision. The bill would also make all of the provisions above applicable to donors who have tested reactive for any of the human T lymphotrophic viruses. This bill would declare that it is to take effect immediately as an urgency statute.