May 27, 2016–Sacramento: California Governor Jerry Brown today signed a bill that allows organ transplants between HIV-positive donors and HIV-positive recipients. Senate Bill (SB) 1408 was authored by Sen. Ben Allen (D-Santa Monica) and co-sponsored by Equality California, AIDS Project Los Angeles, the Los Angeles LGBT Center, and Positive Women’s Network-USA. The four organizations are part of the coalition Californians for HIV Criminalization Reform (CHCR), itself a supporter of the bill. SB 1408 brings state law in line with federal law and passed both the Assembly and Senate unanimously earlier in the day.
“These lifesaving surgeries have been proven safe and are now allowable under federal law,” said Allen. “There is no reason for state law to maintain an antiquated prohibition on organ donation by HIV-positive persons. By expanding the pool of organ donors, we will have shortened the time for all persons on the organ donor waiting lists, and saved lives in the process.”
The number of individuals in need of organ transplants far exceeds the availability of healthy organs. Yet California law criminalizes transplantation of organs and tissue from an HIV-positive donor to an HIV-positive recipient. Allowing the donation HIV-positive organs and tissue will save the lives of hundreds of HIV-positive patients each year, and shorten the waiting list for individuals awaiting transplants.