reglab/statecodes huggingface dataset:
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 1 - GENERAL PROVISIONS › CHAPTER 3 - Custody, and Duty of Interment › Section 7101.

7101. When any decedent leaves an estate in this state, the reasonable cost of interment and an interment plot of sufficient size to constitute a family plot and memorial including reasonable sums for either, or both, general and special endowment care of the plot proportionate to the value of the estate and in keeping with the standard of living adopted by the decedent prior to his demise, together with interest thereon from 60 days after the date of death, shall be considered as a part of the funeral expenses of the decedent and shall be paid as a preferred charge against his estate as provided in the Probate Code.
Reasonable costs of funeral services, together with interest thereon from 60 days after the date of death, shall be considered as a part of the funeral expenses of the decedent and shall be paid as a preferred charge against his estate as provided in the Probate Code.
If a claim for mortuary and funeral services, an interment plot or memorial is rejected the burden of proving that the cost of the funeral service, interment plot or memorial is disproportionate to the value of the estate and the standard of living adopted by the decedent while living shall be upon the executor or administrator rejecting the claim. This chapter does not prohibit any relative or friend of a decedent from assuming the duty or paying the expense of interment or the funeral services.
(Amended by Stats. 1968, Ch. 267.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 1 - GENERAL PROVISIONS › CHAPTER 3 - Custody, and Duty of Interment › Section 7102.

7102. When a person is charged by law with the duty of interment he is entitled to the custody of the remains for the purpose of interment or, with respect to cremated remains, for the purpose of burial at sea in accordance with the provisions of this division; except that in any case where a coroner is required by law to investigate the cause of death, the coroner is entitled to the custody of the remains of the person whose death is the subject of investigation until the conclusion of the autopsy or medical investigation by the coroner. Any person in whose possession such remains are found, shall, upon demand by the coroner, surrender such remains to him.
(Amended by Stats. 1965, Ch. 1421.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 1 - GENERAL PROVISIONS › CHAPTER 3 - Custody, and Duty of Interment › Section 7103.

7103. (a) Every person, upon whom the duty of interment is imposed by law, who omits to perform that duty within a reasonable time is guilty of a misdemeanor.
(b) Every licensee or registrant pursuant to Chapter 12 (commencing with Section 7600) of Division 3 of the Business and Professions Code, and the agents and employees of the licensee or registrant, or any unlicensed person acting in a capacity in which a license from the Cemetery and Funeral Bureau is required, upon whom the duty of interment is imposed by law, who omits to perform that duty within a reasonable time is guilty of a misdemeanor that shall be punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding ten thousand dollars ($10,000), or both that imprisonment and fine.
(c) In addition, any person, registrant, or licensee described in subdivision (a) or (b) is liable to pay the person performing the duty in his or her stead treble the expenses incurred by the latter in making the interment, to be recovered in a civil action.
(Amended by Stats. 2018, Ch. 571, Sec. 32. (SB 1480) Effective January 1, 2019.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 1 - GENERAL PROVISIONS › CHAPTER 3 - Custody, and Duty of Interment › Section 7104.

7104. (a)  When no provision is made by the decedent, or where the estate is insufficient to provide for interment and the duty of interment does not devolve upon any other person residing in the state or if such person can not after reasonable diligence be found within the state the person who has custody of the remains may require the coroner of the county where the decedent resided at time of death to take possession of the remains and the coroner shall inter the remains in the manner provided for the interment of indigent dead.
(b)  A county exercising jurisdiction over the death of an individual pursuant to Section 27491, or who assumes jurisdiction pursuant to Section 27491.55 of the Government Code, shall be responsible for the disposition of the remains of that decedent. If the decedent is an indigent, the costs associated with disposition of the remains shall be borne by the county exercising jurisdiction.
(Amended by Stats. 1988, Ch. 1139, Sec. 2.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 1 - GENERAL PROVISIONS › CHAPTER 3 - Custody, and Duty of Interment › Section 7104.1.

7104.1. If, within 30 days after the coroner notifies or diligently attempts to notify the person responsible for the interment of a decedent’s remains which are in the possession of the coroner, the person fails, refuses, or neglects to inter the remains, the coroner may inter the remains. The coroner may recover any expenses of the interment from the responsible person.
(Amended by Stats. 2001, Ch. 436, Sec. 18. Effective January 1, 2002.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 1 - GENERAL PROVISIONS › CHAPTER 3 - Custody, and Duty of Interment › Section 7106.

7106. A cemetery authority may seek an order providing for the interment of the remains of one or more decedents. Where a proceeding is commenced involving the remains of more than one decedent the allegations of the petition shall separately state the facts as to each, and the court may make a separate order as to each.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 1 - GENERAL PROVISIONS › CHAPTER 3 - Custody, and Duty of Interment › Section 7107.

7107. Notice of the time and place of the hearing on the petition shall be given as the court may direct. Upon the hearing the court shall make its order providing for the interment of the remains in such manner, at such time, and at such place as the court may determine to be just and proper, and for the best interests of the public health.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 1 - GENERAL PROVISIONS › CHAPTER 3 - Custody, and Duty of Interment › Section 7108.

7108. If the coroner is directed to make such interment he shall make it in the manner provided by law for the interment of the indigent dead.
(Amended by Stats. 1939, Ch. 339.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 1 - GENERAL PROVISIONS › CHAPTER 3 - Custody, and Duty of Interment › Section 7109.

7109. The court shall allow costs and reasonable attorney’s fees to a prevailing plaintiff against all defendants, other than the coroner.
(Amended by Stats. 2001, Ch. 436, Sec. 19. Effective January 1, 2002.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 1 - GENERAL PROVISIONS › CHAPTER 3 - Custody, and Duty of Interment › Section 7110.

7110. Any person signing any authorization for the interment or cremation of any remains warrants the truthfulness of any fact set forth in the authorization, the identity of the person whose remains are sought to be interred or cremated, and his or her authority to order interment or cremation. He or she is personally liable for all damage occasioned by or resulting from breach of such warranty.
(Amended by Stats. 1993, Ch. 1232, Sec. 23. Effective January 1, 1994.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 1 - GENERAL PROVISIONS › CHAPTER 3 - Custody, and Duty of Interment › Section 7111.

7111. A cemetery authority or crematory may make an interment or cremation of any remains upon the receipt of a written authorization of a person representing himself or herself to be a person having the right to control the disposition of the remains pursuant to Section 7100.
A cemetery authority or crematory is not liable for cremating, making an interment, or for other disposition of remains permitted by law, pursuant to that authorization, unless it has actual notice that the representation is untrue.
(Amended by Stats. 2002, Ch. 819, Sec. 7. Effective January 1, 2003.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 1 - GENERAL PROVISIONS › CHAPTER 3 - Custody, and Duty of Interment › Section 7112.

7112. No action shall lie against any cemetery authority relating to the cremated remains of any person which have been left in its possession for a period of one year, unless a written contract has been entered into with the cemetery authority for their care or unless permanent interment has been made.
No licensed funeral director shall be liable in damages for the lawful disposition of any cremated human remains.
(Amended by Stats. 1993, Ch. 1232, Sec. 25. Effective January 1, 1994.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 1 - GENERAL PROVISIONS › CHAPTER 3 - Custody, and Duty of Interment › Section 7113.

7113. A cemetery authority or licensed funeral director or a licensed hospital or its authorized personnel may permit or assist, and a physician may perform, an autopsy of any remains in its or his custody if the decedent, prior to his death, authorizes an autopsy in his will or other written instrument, or upon the receipt of a written authorization, telegram, or a verbal authorization obtained by telephone and recorded on tape or other recording device, from a person representing himself to be any of the following:
(a) The surviving spouse; (b) a surviving child or parent; (c) a surviving brother or sister; (d) any other kin or person who has acquired the right to control the disposition of the remains; (e) a public administrator; (f) a coroner or any other duly authorized public officer. A cemetery authority or a licensed funeral director or a licensed hospital or its authorized personnel is not liable for permitting or assisting, and a physician is not liable for performing, an autopsy pursuant to such authorization unless he or it has actual notice that such representation is untrue at the time the autopsy is performed. If such authorization is contained in a will, the autopsy may be performed regardless of the validity of the will in other respects or of the fact that the will may not be offered for or admitted to probate until a later date.
This section shall not authorize the obtaining of a verbal authorization by telephone and recorded on tape or other recording device for an autopsy of a deceased person if it is made known to the physician who is to perform the autopsy that the deceased was, at the time of his death, a member of a religion, church, or denomination which relies solely upon prayer for the healing of disease.
(Amended by Stats. 1971, Ch. 99.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 1 - GENERAL PROVISIONS › CHAPTER 3 - Custody, and Duty of Interment › Section 7114.

7114. Any person who performs, permits or assists at, an autopsy on a dead body without having first obtained (a) the authorization of the deceased in writing, including, but not limited to, the last will of the deceased; or (b) the authorization in writing of the person designated by Section 7100 of this code as having the right to control the disposition of the remains of the deceased; or (c) in the case of a cemetery authority or a licensed funeral director or a licensed hospital or its agents or a physician, the written or verbal authorization described in Section 7113 or 7151.6 of this code, is guilty of a misdemeanor, except that this section shall not be applicable to the performance of an autopsy by the coroner or other officer authorized by law to perform autopsies.
(Amended by Stats. 1972, Ch. 1048.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 1 - GENERAL PROVISIONS › CHAPTER 3 - Custody, and Duty of Interment › Section 7116.

7116. (a) Cremated remains or hydrolyzed human remains may be scattered in an area where no local prohibition exists, provided that the cremated remains or hydrolyzed human remains are not distinguishable to the public, are not in a container, and that the person who has control over disposition of the cremated remains or hydrolyzed human remains has obtained written permission of the property owner or governing agency to scatter on the property. A state or local agency may adopt an ordinance, regulation, or policy, as appropriate, authorizing, consistent with this section, or specifically prohibiting, the scattering of cremated human remains or hydrolyzed human remains on lands under the agency’s jurisdiction. The scattering of the cremated remains or hydrolyzed human remains of more than one person in one location pursuant to this section shall not create a cemetery pursuant to Section 7003 or any other law.
(b) Commencing January 1, 2027, reduced human remains may be integrated into the soil in an area where no local prohibition exists, provided that the reduced human remains are not distinguishable to the public, are not in a container, and that the person who has control over disposition of the reduced human remains has obtained written permission of the property owner or governing agency to integrate into soil on the property. A state or local agency may adopt an ordinance, regulation, or policy, as appropriate, authorizing or specifically prohibiting the integration of reduced human remains into the soil on lands under the agency’s jurisdiction. The integration into the soil of the reduced human remains of more than one person in one location pursuant to this section does not create a cemetery pursuant to Section 7003 or any other law.
(Amended by Stats. 2022, Ch. 399, Sec. 44. (AB 351) Effective January 1, 2023.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 1 - GENERAL PROVISIONS › CHAPTER 3 - Custody, and Duty of Interment › Section 7117.

7117. (a) Cremated remains or hydrolyzed human remains may be taken by boat from any harbor in this state, or by air, and scattered at sea. Cremated remains or hydrolyzed human remains shall be removed from their container before the remains are scattered at sea.
(b) Any person who scatters at sea, either from a boat or from the air, any cremated human remains or hydrolyzed human remains shall file with the local registrar of births and deaths in the county nearest the point where the remains were scattered, a verified statement containing the name of the deceased person, the time and place of death, the place at which the cremated remains or hydrolyzed human remains were scattered, and any other information that the local registrar of births and deaths may require. The first copy of the endorsed permit shall be filed with the local registrar of births and deaths within 10 days of disposition. The third copy shall be returned to the office of issuance.
(c) For purposes of this section, the phrase “at sea” includes the inland navigable waters of this state, exclusive of lakes and streams, provided that no such scattering may take place within 500 yards of the shoreline. This section does not allow the scattering of cremated human remains or hydrolyzed human remains from a bridge or pier.
(d) Notwithstanding any other provision of this code, the cremated remains or hydrolyzed human remains of a deceased person may be scattered at sea as provided in this section and Section 103060.
(e) This section shall become operative on July 1, 2020.
(Amended (as added by Stats. 2017, Ch. 846, Sec. 68) by Stats. 2018, Ch. 92, Sec. 139. (SB 1289) Effective January 1, 2019.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 1 - GENERAL PROVISIONS › CHAPTER 3 - Custody, and Duty of Interment › Section 7117.1.

7117.1. (a) Notwithstanding subdivision (a) of Section 7117, cremated remains may be transferred from a durable container into a scattering urn no more than seven days before scattering the cremated remains at sea from a boat. For purposes of this section, “scattering urn” means a closed container containing cremated remains that will dissolve and release its contents within four hours of being placed at sea.
(b) This section shall not be construed to allow the use of a scattering urn when the cremated remains are to be scattered by a plane over land or at sea.
(Added by Stats. 2012, Ch. 79, Sec. 1. (AB 1777) Effective January 1, 2013.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 1 - GENERAL PROVISIONS › CHAPTER 3.5 - Uniform Anatomical Gift Act › Section 7150.

7150. This chapter shall be known, and may be cited, as the Uniform Anatomical Gift Act.
(Repealed and added by Stats. 2007, Ch. 629, Sec. 2. Effective January 1, 2008.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 1 - GENERAL PROVISIONS › CHAPTER 3.5 - Uniform Anatomical Gift Act › Section 7150.15.

7150.15. Subject to Section 7150.35, an anatomical gift of a donor’s body or part may be made during the life of the donor for the purpose of transplantation, therapy, research, or education in the manner provided in Section 7150.20 by any of the following individuals:
(a) The donor, if the donor is an adult or if the donor is a minor and is either of the following:
(1) An emancipated minor.
(2) Between 15 and 18 years of age, only upon the written consent of a parent or guardian.
(b) An agent of the donor, provided that the power of attorney for health care or other record expressly permits the agent to make an anatomical gift.
(Added by Stats. 2007, Ch. 629, Sec. 2. Effective January 1, 2008.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 1 - GENERAL PROVISIONS › CHAPTER 3.5 - Uniform Anatomical Gift Act › Section 7150.20.

7150.20. (a) A donor may make an anatomical gift through any of the following:
(1) By authorizing a statement or symbol indicating that the donor has made an anatomical gift to be imprinted on the donor’s driver’s license or identification card and included on a donor database registry.
(2) Directly through the Donate Life California Organ and Tissue Donor Registry Internet Web site.
(3) In a will.
(4) During a terminal illness or injury of the donor, by any form of communication that clearly expresses the donor’s wish, addressed to at least two adults, at least one of whom is a disinterested witness. The witnesses shall memorialize this communication in a writing and sign and date the writing.
(5) As provided in subdivision (b).
(b) A donor or other person authorized to make an anatomical gift under Section 7150.15 may make a gift by a donor card or other record signed by the donor or other person making the gift or by authorizing that a statement or symbol, indicating that the donor has made an anatomical gift, be included on a donor registry. If the donor or other person is physically unable to sign a record, the record may be signed by another individual at the direction of the donor or other person and shall comply with all of the following:
(1) Be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or the other person.
(2) State that it has been signed and witnessed as provided in paragraph (1).
(c) Revocation, suspension, expiration, or cancellation of a driver’s license or identification card upon which an anatomical gift is indicated does not invalidate the gift.
(d) An anatomical gift made by will takes effect upon the donor’s death whether or not the will is probated. Invalidation of the will after the donor’s death does not invalidate the gift.
(e) Notwithstanding subdivision (i) of Section 7150.65, a document of gift may designate a particular physician to carry out the recovery procedures. In the absence of this designation, or if the designee is not reasonably available or is deemed by the organ procurement organization not to be qualified to perform the required procedure, the organ procurement organization may authorize another physician or technician to carry out the recovery.
(Added by Stats. 2007, Ch. 629, Sec. 2. Effective January 1, 2008.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 1 - GENERAL PROVISIONS › CHAPTER 3.5 - Uniform Anatomical Gift Act › Section 7150.25.

7150.25. (a) Subject to Section 7150.35, a donor or other person authorized to make an anatomical gift under Section 7150.15 may amend or revoke an anatomical gift by either of the following:
(1) A record signed by any of the following and recorded in a donor registry database:
(A) The donor.
(B) The other person.
(C) Subject to subdivision (b), another individual acting at the direction of the donor or of the other person, if the donor or other person is physically unable to sign.
(2) A later-executed document of gift that amends or revokes a previous anatomical gift or portion of an anatomical gift, either expressly or by inconsistency.
(b) A record signed pursuant to subparagraph (C) of paragraph (1) of subdivision (a) shall comply with all of the following:
(1) It shall be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or the other person.
(2) It shall state that it has been signed and witnessed as provided in paragraph (1).
(c) Subject to Section 7150.35, a donor or other person authorized to make an anatomical gift under Section 7150.15 may revoke an anatomical gift by the destruction of the document of gift or cancellation of the document of gift on a donor database registry, or the portion of the document of gift used to make the gift, with the intent to revoke the gift.
(d) A donor may amend or revoke an anatomical gift that was not made in a will by any form of communication during a terminal illness or injury addressed to at least two adults, at least one of whom is a disinterested witness. The witnesses shall memorialize this communication in a writing and sign and date the writing.
(e) A donor who makes an anatomical gift in a will may amend or revoke the gift in the manner provided for amendment or revocation of wills or as provided in subdivision (a).
(Added by Stats. 2007, Ch. 629, Sec. 2. Effective January 1, 2008.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 1 - GENERAL PROVISIONS › CHAPTER 3.5 - Uniform Anatomical Gift Act › Section 7150.30.

7150.30. (a) An individual may refuse to make an anatomical gift of the individual’s body or part by any of the following:
(1) A record signed by either of the following:
(A) The individual.
(B) Subject to subdivision (b), another individual acting at the direction of the individual if the individual is physically unable to sign.
(2) The individual’s will, whether or not the will is admitted to probate or invalidated after the individual’s death.
(3) Any form of communication made by the individual during the individual’s terminal illness or injury addressed to at least two adults, at least one of whom is a disinterested witness. The witnesses shall memorialize this communication in a writing and sign and date the writing.
(b) A record signed pursuant to subparagraph (B) of paragraph (1) of subdivision (a) shall comply with both of the following:
(1) It shall be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the individual.
(2) It shall state that it has been signed and witnessed as provided in paragraph (1).
(c) An individual who has made a refusal may amend or revoke the refusal by any of the following:
(1) In the manner provided in subdivision (a) for making a refusal.
(2) By subsequently making an anatomical gift pursuant to Section 7150.20 that is inconsistent with the refusal.
(3) By destroying or canceling the record evidencing the refusal, or the portion of the record used to make the refusal, with the intent to revoke the refusal.
(d) Except as otherwise provided in subdivision (h) of Section 7150.35, in the absence of an express, contrary indication by the individual set forth in the refusal, an individual’s unrevoked refusal to make an anatomical gift of the individual’s body or part bars all other persons from making an anatomical gift of the individual’s body or part.
(e) Notwithstanding any provision to the contrary, including, but not limited to, Section 7150.40, only an individual shall make an anatomical gift of all or part of that individual’s body or pacemaker, if it is made known that the individual, at the time of death, was a member of a religion, church, sect, or denomination that relies solely upon prayer for healing of disease or that has religious tenets that would be violated by the disposition of the human body or parts or pacemakers for the purposes of transplantation, therapy, research, or education.
(Added by Stats. 2007, Ch. 629, Sec. 2. Effective January 1, 2008.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 1 - GENERAL PROVISIONS › CHAPTER 3.5 - Uniform Anatomical Gift Act › Section 7150.35.

7150.35. (a) Except as otherwise provided in subdivision (g) and subject to subdivision (f), in the absence of an express, contrary indication by the donor, a person other than the donor is barred from making, amending, or revoking an anatomical gift of a donor’s body or part if the donor made an anatomical gift of the donor’s body or part under Section 7150.20 or an amendment to an anatomical gift of the donor’s body or part under Section 7150.25.
(b) A donor’s revocation of an anatomical gift of the donor’s body or part under Section 7150.25 is not a refusal and does not bar another person specified in Section 7150.15 or 7150.40 from making an anatomical gift of the donor’s body or part under Section 7150.20 or 7150.45.
(c) If a person other than the donor makes an unrevoked anatomical gift of the donor’s body or part under Section 7150.20 or an amendment to an anatomical gift of the donor’s body or part under Section 7150.25, another person may not make, amend, or revoke the gift of the donor’s body or part under Section 7150.45.
(d) A revocation of an anatomical gift of a donor’s body or part under Section 7150.25 by a person other than the donor does not bar another person from making an anatomical gift of the body or part under Section 7150.20 or 7150.45.
(e) In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under Section 7150.15, an anatomical gift of a part is neither a refusal to give another part nor a limitation on the making of an anatomical gift of another part at a later time by the donor or another person.
(f) In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under Section 7150.15, an anatomical gift of a part for one or more of the purposes set forth in Section 7150.15 is not a limitation on the making of an anatomical gift of the part for any of the other purposes by the donor or any other person under Section 7150.20 or 7150.45.
(g) Notwithstanding subdivision (a), an individual who is between 15 and 18 years of age may make an anatomical gift for any purpose authorized in this chapter, may limit an anatomical gift to one or more of those purposes, may refuse to make an anatomical gift, or may amend or revoke an anatomical gift, only upon the written consent of the parent or guardian. If a donor who is an unemancipated minor dies, a parent of the donor who is reasonably available may revoke or amend an anatomical gift of the donor’s body or part.
(Added by Stats. 2007, Ch. 629, Sec. 2. Effective January 1, 2008.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 1 - GENERAL PROVISIONS › CHAPTER 3.5 - Uniform Anatomical Gift Act › Section 7150.40.

7150.40. (a) Subject to subdivisions (b) and (c), and unless barred by Section 7150.30 or 7150.35, an anatomical gift of a decedent’s body or part for the purpose of transplantation, therapy, research, or education may be made by any member of the following classes of persons who is reasonably available, in the following order of priority:
(1) An agent of the decedent at the time of death who could have made an anatomical gift under subdivision (b) of Section 7150.15 immediately before the decedent’s death.
(2) The spouse or domestic partner of the decedent.
(3) Adult children of the decedent.
(4) Parents of the decedent.
(5) Adult siblings of the decedent.
(6) Adult grandchildren of the decedent.
(7) Grandparents of the decedent.
(8) An adult who exhibited special care and concern for the decedent during the decedent’s lifetime.
(9) The persons who were acting as the guardians or conservators of the person of the decedent at the time of death.
(10) (A) Any other person having the authority to dispose of the decedent’s body, including, but not limited to, a coroner, medical examiner, or hospital administrator, provided that reasonable effort has been made to locate and inform persons listed in paragraphs (1) to (9), inclusive, of their option to make, or object to making, an anatomical gift.
(B) Except in the case where the useful life of the part does not permit, a reasonable effort shall be deemed to have been made when a search for the persons has been underway for at least 12 hours. The search shall include a check of local police missing persons records, examination of personal effects, and the questioning of any persons visiting the decedent before his or her death or in the hospital, accompanying the decedent’s body, or reporting the death, in order to obtain information that might lead to the location of any persons listed.
(b) If there is more than one member of a class listed in paragraph (1), (3), (4), (5), (6), (7), or (9) of subdivision (a) entitled to make an anatomical gift, an anatomical gift may be made by a member of the class unless that member or a person to which the gift may pass under Section 7150.50 knows of an objection by another member of the class. If an objection is known, the gift may be made only by a majority of the members of the class who are reasonably available.
(c) A person shall not make an anatomical gift if, at the time of the decedent’s death, a person in a prior class under subdivision (a) is reasonably available to make, or to object to the making of, an anatomical gift.
(Added by Stats. 2007, Ch. 629, Sec. 2. Effective January 1, 2008.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 1 - GENERAL PROVISIONS › CHAPTER 3.5 - Uniform Anatomical Gift Act › Section 7150.45.

7150.45. (a) A person authorized to make an anatomical gift under Section 7150.40 may make an anatomical gift by a document of gift signed by the person making the gift or by that person’s oral communication that is electronically recorded or is contemporaneously reduced to a record and signed by the individual receiving the oral communication.
(b) Subject to subdivision (c), an anatomical gift by a person authorized under Section 7150.40 may be amended or revoked orally or in a record by any member of a prior class who is reasonably available. If more than one member of the prior class is reasonably available, the gift made by a person authorized under Section 7150.40 may be amended or revoked as follows:
(1) Amended only if a majority of the reasonably available members agree to the amending of the gift.
(2) Revoked only if a majority of the reasonably available members agree to the revoking of the gift or if they are equally divided as to whether to revoke the gift.
(c) A revocation under subdivision (b) is effective only if, before an incision has been made to remove a part from the donor’s body or before invasive procedures have begun to prepare the recipient, the procurement organization, transplant hospital, or physician or technician knows of the revocation.
(Added by Stats. 2007, Ch. 629, Sec. 2. Effective January 1, 2008.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 1 - GENERAL PROVISIONS › CHAPTER 3.5 - Uniform Anatomical Gift Act › Section 7150.55.

7150.55. (a) All of the following persons shall make a reasonable search of an individual who the person reasonably believes is dead or near death for a document of gift or other information identifying the individual as a donor or as an individual who made a refusal:
(1) A law enforcement officer, firefighter, paramedic, or other emergency rescuer finding the individual.
(2) If no other source of the information is immediately available, a hospital, as soon as practical after the individual’s arrival at the hospital.
(b) If a document of gift or a refusal to make an anatomical gift is located by the search required by paragraph (1) of subdivision (a) and the individual or deceased individual to whom it relates is taken to a hospital, the person responsible for conducting the search shall send the document of gift or refusal to the hospital.
(c) A person is not subject to criminal or civil liability for failing to discharge the duties imposed by this section, but may be subject to administrative sanctions.
(Added by Stats. 2007, Ch. 629, Sec. 2. Effective January 1, 2008.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 1 - GENERAL PROVISIONS › CHAPTER 3.5 - Uniform Anatomical Gift Act › Section 7150.60.

7150.60. (a) A document of gift need not be delivered during the donor’s lifetime to be effective.
(b) Upon or after an individual’s death, a person in possession of a document of gift or a refusal to make an anatomical gift with respect to the individual shall allow examination and copying of the document of gift or refusal by a person authorized to make or object to the making of an anatomical gift with respect to the individual or by a person to which the gift could pass under Section 7150.50.
(Added by Stats. 2007, Ch. 629, Sec. 2. Effective January 1, 2008.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 1 - GENERAL PROVISIONS › CHAPTER 3.5 - Uniform Anatomical Gift Act › Section 7150.70.

7150.70. Each hospital in this state shall enter into agreements or affiliations with procurement organizations for coordination of procurement and use of anatomical gifts.
(Added by Stats. 2007, Ch. 629, Sec. 2. Effective January 1, 2008.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 1 - GENERAL PROVISIONS › CHAPTER 3.5 - Uniform Anatomical Gift Act › Section 7150.75.

7150.75. (a) Except as otherwise provided in subdivision (b), a person that, for valuable consideration, knowingly purchases or sells a part for transplantation or therapy, if removal of a part from an individual is intended to occur after the individual’s death, is guilty of a felony and is subject to a fine not exceeding fifty thousand dollars ($50,000), or imprisonment not exceeding five years, or both the fine and imprisonment.
(b) A person may charge a reasonable amount for the removal, processing, preservation, quality control, storage, transportation, implantation, or disposal of a part.
(Added by Stats. 2007, Ch. 629, Sec. 2. Effective January 1, 2008.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 1 - GENERAL PROVISIONS › CHAPTER 3.5 - Uniform Anatomical Gift Act › Section 7150.80.

7150.80. (a) A person that acts in accordance with this chapter or with the applicable anatomical gift law of another state, or attempts in good faith to do so, is not liable for the act in a civil action or criminal prosecution.
(b) Neither the person making an anatomical gift nor the donor’s estate is liable for any injury or damage that results from the making or use of the gift.
(c) In determining whether an anatomical gift has been made, amended, or revoked under this chapter, a person may rely upon representations of an individual listed in paragraphs (2) to (8), inclusive, of subdivision (a) of Section 7150.40 relating to the individual’s relationship to the donor or prospective donor, unless the person knows that the representation is untrue.
(Added by Stats. 2007, Ch. 629, Sec. 2. Effective January 1, 2008.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 1 - GENERAL PROVISIONS › CHAPTER 3.5 - Uniform Anatomical Gift Act › Section 7150.85.

7150.85. (a) A document of gift is valid if executed in accordance with any of the following:
(1) This chapter.
(2) The laws of the state or country where it was executed.
(3) The laws of the state or country where the person making the anatomical gift was domiciled, has a place of residence, or was a national at the time the document of gift was executed.
(b) If a document of gift is valid under this section, the law of this state governs the interpretation of the document of gift.
(c) A person may presume that a document of gift or amendment of an anatomical gift is valid unless that person knows that it was not validly executed, or that it was revoked.
(Added by Stats. 2007, Ch. 629, Sec. 2. Effective January 1, 2008.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 1 - GENERAL PROVISIONS › CHAPTER 3.5 - Uniform Anatomical Gift Act › Section 7150.90.

7150.90. (a) The California organ procurement organizations designated pursuant to Section 273 and following of Title 42 of the United States Code, are hereby authorized to establish a not-for-profit entity that shall be designated the California Organ and Tissue Donor Registrar, which shall establish and maintain the California Organ and Tissue Donor Registry, to be known as the Donate Life California Organ and Tissue Donor Registry. The registry shall contain information regarding persons who have identified themselves as organ and tissue donors upon their death. The registrar shall be responsible for developing methods to increase the number of donors who enroll in the registry.
(b) The registrar shall make available to the federally designated organ procurement organizations (OPOs) in California and the state licensed tissue and eye banks information contained in the registry regarding potential donors on a 24-hour-a-day, seven-day-a-week basis. This information shall be used to expedite a match between identified organ and tissue donors and potential recipients.
(c) The registrar may receive voluntary contributions to support the registry and its activities.
(d) The registrar shall submit an annual written report to the State Public Health Officer and the Legislature that includes all of the following:
(1) The number of donors on the registry.
(2) The changes in the number of donors on the registry.
(3) The nonidentifiable information, as set forth in a memorandum of understanding or other specified language in Section 12811.3 of the Vehicle Code, of donors as may be determined by information provided on the donor registry forms pursuant to Sections 12811.3 and 13005 of the Vehicle Code.
(4) The nonidentifiable information, as set forth in a memorandum of understanding or other specified language in Section 12811.3 of the Vehicle Code, of donors as may be determined by information transmitted to the registry pursuant to Section 1798.90.1 of the Civil Code to identify an individual as a registered organ donor.
(Amended by Stats. 2021, Ch. 211, Sec. 1. (AB 1374) Effective January 1, 2022.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 1 - GENERAL PROVISIONS › CHAPTER 3.5 - Uniform Anatomical Gift Act › Section 7151.10.

7151.10. (a) As used in this section the following terms have the following meanings:
(1) “Advance health care directive” means a power of attorney for health care or a record signed by a prospective donor containing the prospective donor’s direction concerning a health care decision for the prospective donor.
(2) “Declaration” means a record signed by a prospective donor specifying the circumstances under which a life-support system may be withheld or withdrawn from the prospective donor.
(3) “Health care decision” means any decision made regarding the health care of the prospective donor.
(b) If a prospective donor has a declaration or advance health care directive and the terms of the declaration or directive and the express or implied terms of a potential anatomical gift are in conflict with regard to the administration of measures necessary to ensure the medical suitability of a part for transplantation or therapy, the prospective donor’s attending physician and prospective donor shall confer to resolve the conflict. If the prospective donor is incapable of resolving the conflict, an agent acting under the prospective donor’s declaration or directive, or, if none, or the agent is not reasonably available, another person authorized by law other than this chapter to make health care decisions on behalf of the prospective donor, shall act for the donor to resolve the conflict. The conflict shall be resolved as expeditiously as possible. Information relevant to the resolution of the conflict may be obtained from the appropriate procurement organization and any other person authorized to make an anatomical gift for the prospective donor under Section 7150.40. Before resolution of the conflict, measures necessary to ensure the medical suitability of the part shall not be withheld or withdrawn from the prospective donor if withholding or withdrawing the measures is not contraindicated by appropriate end-of-life care.
(Added by Stats. 2007, Ch. 629, Sec. 2. Effective January 1, 2008.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 1 - GENERAL PROVISIONS › CHAPTER 3.5 - Uniform Anatomical Gift Act › Section 7151.15.

7151.15. (a) A county coroner shall cooperate with procurement organizations to maximize the opportunity to recover anatomical gifts for the purpose of transplantation, therapy, research, or education.
(b) If a county coroner receives notice from a procurement organization that an anatomical gift might be available or was made with respect to a decedent whose body is under the jurisdiction of the coroner and a post mortem examination or investigation is going to be performed, unless the coroner denies recovery in accordance with Section 7151.20, the coroner or designee shall conduct a post mortem examination or investigation of the body or the part in a manner and within a period compatible with its preservation for the purposes of the gift.
(c) A part shall not be removed from the body of a decedent under the jurisdiction of a coroner for transplantation, therapy, research, or education unless the part is the subject of an anatomical gift. The body of a decedent under the jurisdiction of the coroner shall not be delivered to a person for research or education unless the body is the subject of an anatomical gift. This subdivision does not preclude a coroner from performing the medicolegal investigation upon the body or parts of a decedent under the jurisdiction of the coroner.
(d) Notwithstanding any other law, when an anatomical gift might be available or has been made by a person whose death is imminent due to the lawful withdrawal of medical treatment and if that person’s body, post mortem, will be subject to the coroner’s jurisdiction pursuant to Section 27491 of the Government Code, a procurement organization may notify a coroner of the anatomical gift, and a coroner shall accept the notification, whenever that notification will facilitate the coroner’s ability to conduct a postmortem examination or investigation of the body or the part in a manner and within a period compatible with its preservation for the purposes of the gift.
(Amended by Stats. 2013, Ch. 341, Sec. 2. (AB 1297) Effective January 1, 2014.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 1 - GENERAL PROVISIONS › CHAPTER 3.5 - Uniform Anatomical Gift Act › Section 7151.20.

7151.20. (a) On request from a qualified procurement organization, the county coroner may permit the removal of organs that constitute an anatomical gift from a decedent who died under circumstances requiring an inquest by the coroner.
(b) If no autopsy is required, the organs to be removed may be released to the qualified procurement organization.
(c) If an autopsy is required and the county coroner determines that the removal of the organs will not interfere with the subsequent course of an investigation or autopsy, the organs may be released for removal. The autopsy shall be performed following the removal of the organs.
(d) If a county coroner is considering withholding one or more organs of a potential donor for any reason, the county coroner, or his or her designee, upon request from a qualified organ procurement organization, shall be present during the procedure to remove the organs. The county coroner, or his or her designee, may request a biopsy of those organs or deny removal of the organs if necessary. If the county coroner, or his or her designee, denies removal of the organs, the county coroner may do any of the following:
(1) In the investigative report, explain in writing the reasons for the denial.
(2) Provide the explanation to the qualified organ procurement organization.
(e) If the county coroner, or his or her designee, is present during the removal of the organs, the qualified procurement organization requesting the removal of the organ shall reimburse the county of the coroner, or his or her designee, for the actual costs incurred in performing the duty specified in subdivision (d), if reimbursement is requested by the county coroner. The payment shall be applied to the additional costs incurred by the county coroner’s office in performing the duty specified in subdivision (d).
(f) The health care professional removing organs from a decedent who died under circumstances requiring an inquest shall file with the county coroner a report detailing the condition of the organs removed and their relationship, if any, to the cause of death.
(Added by Stats. 2007, Ch. 629, Sec. 2. Effective January 1, 2008.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 1 - GENERAL PROVISIONS › CHAPTER 3.5 - Uniform Anatomical Gift Act › Section 7151.25.

7151.25. In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
(Added by Stats. 2007, Ch. 629, Sec. 2. Effective January 1, 2008.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 1 - GENERAL PROVISIONS › CHAPTER 3.5 - Uniform Anatomical Gift Act › Section 7151.30.

7151.30. This act modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act (15 U.S.C. Sec. 7001 et seq.), but does not modify, limit or supersede Section 101(a) of that act (15 U.S.C. Sec. 7001), or authorize electronic delivery of any of the notices described in Section 103(b) of that act (15 U.S.C. Sec. 7003(b)).
(Added by Stats. 2007, Ch. 629, Sec. 2. Effective January 1, 2008.)