1645. (a) Whenever there is a reasonable possibility, as determined
by a physician and surgeon or doctor of podiatric medicine, that a
blood transfusion may be necessary as a result of a medical or
surgical procedure, the physician and surgeon or doctor of podiatric
medicine, by means of a standardized written summary as most recently
developed or revised by the State Department of Public Health
pursuant to subdivision (e), shall inform, either directly or through
a nurse practitioner, certified nurse midwife, or a physician
assistant, who is licensed in the state and authorized to order a
blood transfusion, 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 person who provided the patient with the standardized
written summary pursuant to subdivision (a) shall note on the patient'
s medical record that the standardized written summary 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 or doctor of
podiatric medicine 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 or doctor of podiatric medicine
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 Public Health 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 Public Health and shall distribute copies thereof, upon
request, to physicians and surgeons and doctors of podiatric
medicine. 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 Public Health and the Medical Board of
California for developing, updating, publishing and distributing the
summary. Physicians and surgeons and doctors of podiatric medicine
shall purchase the written summary from the Medical Board of
California for, or purchase or otherwise receive the written summary
from the Web site of the board or 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 Public Health and
distribute the written summary to physicians and surgeons and doctors
of podiatric medicine.
1645. (a) Whenever there is a reasonable possibility, as determined
by a physician and surgeon or doctor of podiatric medicine, that a
blood transfusion may be necessary as a result of a medical or
surgical procedure, the physician and surgeon or doctor of podiatric
medicine, by means of a standardized written summary as most recently
developed or revised by the State Department of Public Health
pursuant to subdivision (e), shall inform, either directly or through
a nurse practitioner, certified nurse midwife, or a physician
assistant, who is licensed in the state and authorized to order a
blood transfusion, 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 person who provided the patient with the standardized
written summary pursuant to subdivision (a) shall note on the patient'
s medical record that the standardized written summary 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 or doctor of
podiatric medicine 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 or doctor of podiatric medicine
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 Public Health 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 Public Health and shall distribute copies thereof, upon
request, to physicians and surgeons and doctors of podiatric
medicine. 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 Public Health and the Medical Board of
California for developing, updating, publishing and distributing the
summary. Physicians and surgeons and doctors of podiatric medicine
shall purchase the written summary from the Medical Board of
California for, or purchase or otherwise receive the written summary
from the Web site of the board or 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 Public Health and
distribute the written summary to physicians and surgeons and doctors
of podiatric medicine.
1645. (a) Whenever there is a reasonable possibility, as determined
by a physician and surgeon or doctor of podiatric medicine, that a
blood transfusion may be necessary as a result of a medical or
surgical procedure, the physician and surgeon or doctor of podiatric
medicine, by means of a standardized written summary as most recently
developed or revised by the State Department of Public Health
pursuant to subdivision (e), shall inform, either directly or through
a nurse practitioner, certified nurse midwife, or a physician
assistant, who is licensed in the state and authorized to order a
blood transfusion, 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 person who provided the patient with the standardized
written summary pursuant to subdivision (a) shall note on the patient'
s medical record that the standardized written summary 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 or doctor of
podiatric medicine 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 or doctor of podiatric medicine
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 Public Health 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 Public Health and shall distribute copies thereof, upon
request, to physicians and surgeons and doctors of podiatric
medicine. 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 Public Health and the Medical Board of
California for developing, updating, publishing and distributing the
summary. Physicians and surgeons and doctors of podiatric medicine
shall purchase the written summary from the Medical Board of
California for, or purchase or otherwise receive the written summary
from the Web site of the board or 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 Public Health and
distribute the written summary to physicians and surgeons and doctors
of podiatric medicine.
