§ 12811.4
560 words·~3 min read·
/ca/vehicle-code/12811-4A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)This section shall be known, and may be cited, as Charlie’s Law.
(b)An electronic application for an original or renewal driver’s license or identification card shall contain a solicitation for the applicant to enroll in the registry operated by the National Marrow Donor Program. The application shall include a question regarding enrollment pursuant to subdivision
(c)and check boxes for an applicant to mark either of the following:
(1)Yes, I would like to enroll in the registry to be a potential bone marrow or blood stem cell donor. I consent to my information being shared with the National Marrow Donor Program for the purposes of enrollment. I understand that I am not enrolled at this time and must complete the National Marrow Donor Program enrollment forms and cheek swab to be a registered bone marrow donor. I am aware that after enrollment, if matched, I have the ability to refuse to donate at any point.
(2)No, I do not wish to enroll at this time.
(c)An applicant’s election to enroll in the National Marrow Donor Program’s registry shall constitute consent to their information being transmitted to the National Marrow Donor Program for the purposes of completing enrollment in the registry. After submitting their electronic application for an original or renewal driver’s license or identification card, the applicant shall receive a followup communication to complete the National Marrow Donor Program application.
(d)The department shall enter into a memorandum of understanding with the National Marrow Donor Program to mutually agree upon all of the following:
(1)The language of the question of enrollment required by subdivision (b). The language may define enrollment and donor requirements, including, but not limited to, limits on the transferring of data to only those eligible for enrollment in the National Marrow Donor Program, and may provide the corresponding disclosures.
(2)The language of the followup communication described in subdivision (c).
(3)The operative date for the provisions specified in subdivisions
(b)and (e).
(e)On a weekly basis, the department shall electronically transmit to the National Marrow Donor Program all of the following information from every application that indicates the applicant’s intent to enroll as a potential bone marrow or blood stem cell donor:
(1)The applicant’s true full name.
(2)The applicant’s residence or mailing address.
(3)The applicant’s date of birth.
(4)The applicant’s telephone number.
(5)The applicant’s email address.
(f)The department and the California Health and Human Services Agency shall post the enrollment form on its internet website.
(g)Enrollment in the National Marrow Donor Program registry through the department does not constitute a legal document pursuant to the Uniform Anatomical Gift Act (Chapter 3.5 (commencing with Section 7150) of Part 1 of Division 7 of the Health and Safety Code) and does not require registrants to donate if they are matched.
(h)Information obtained by the National Marrow Donor Program shall be used only for registry operations consistent with the informed consent of the applicant. Information obtained by the National Marrow Donor Program for the purposes of this section shall not be disseminated further by the National Marrow Donor Program.
(i)A public entity or its employee shall not be liable for loss, detriment, or injury resulting directly or indirectly from false or inaccurate information contained in the enrollment form provided pursuant to this section.