Blood Safety Act Exposed

The Blood Safety Act is listed under ALEC's Health and Human Services Task Force and was included in the 1995 ALEC Sourcebook of American State Legislation. ALEC has attempted to distance itself from this piece of legislation after the launch of ALECexposed.org in 2011, but it has done nothing to get it repealed in the states where it previously pushed for it to be made into law.

ALEC Bill Text

Summary

This bill ensures that all donated blood, semen, tissue, or organ shall be tested for evidence of viral infections known to be blood-borne, including, but not limited to HIV and HCV. All the public and private facilities or organizations that accept directly from the donor any blood, semen, tissue, or organ donation must test for blood-borne viral infections. This bill allows for any individual to make a designated donation, which means the exclusive use of the donor’s own blood, or blood, semen, tissue, or organ as donated for a specific individual or use, or for storage to be held for a later specified use. Except in cases of bonafide medical emergency, blood, semen, tissue or organ may not be used in any case until it is confirmed that the specimen to be used does not evidence any viral infection known to be blood-borne, including, but not limited to, HIV and HCV.

Model Legislation

Section 1. {Title}

This Act may be cited as the ”Blood Safety Act.”

Section 2. {Definitions}

For the purposes of this Act the following definitions apply:

(A.) “HIV” means the human immunodeficiency virus identified or any other identified causative agents of acquired immunodeficiency syndrome (AIDS).

(B.) “HCV” means the Hepatitis C virus.

(C.) “Donor” means the individual who voluntarily gives blood, semen, tissue or organs for his or her future use or for a recipient in need of blood, semen, tissue or organs.

(D.) “ Medically Appropriate Purpose” means use of donated blood, semen, tissue or organs to be determined by certified medical care individuals.

Section 3. {Testing of Donations}

All the public and private facilities or organizations that accept directly from the donor any blood, semen, tissue, or organ donation, with or without recompense to the donor and for any purpose, shall test or have tested the blood, semen, or organ for evidence of viral infections known to be bloodborne, including, but not limited to HIV and HCV.

Section 4. {Designated Donation}

(A.) Any individual desiring a designated donation, which means the exclusive use of the donor’s own blood, or blood, semen, tissue, or organ as donated for a specific individual or use, or for storage to be held for a later specified use, shall inform the facility of the donor’s intent to make a designated donation. The individual in charge of the facility shall accept a designated donation and ensure that the donor’s blood, semen, tissue or organ will be held and used exclusively for the use specified by the donor. The facility may charge reasonable fees to cover the administrative and storage costs for such directed donations.

(B.) Any blood, semen, tissue, or organ donated for designated use under Subsection (A) of this Section shall be reserved for use by the designated recipient. Any individual desiring a designated donation, must be notified and provide consent upon donation that thirty (30) days prior to the expiration date of the donation, but not less than thirty days from the date of the donation, if it has not been used, it may be used for any other medically appropriate purpose. The individual donor must be notified {insert amount} days ahead of the other medically appropriate purpose

Section 5.

Except in cases of bonafide medical emergency, blood, semen, tissue or organ may not be used in any case until it is confirmed that the specimen to be used does not evidence any viral infection known to be blood-borne, including, but not limited to, HIV and HCV, unless the recipient, or his or her legal representative, signs a waiver providing that the recipient assumes all liability for becoming infected with AIDS, the AIDS antibodies, HIV or HCV virus if infection occurs as a result of such use by the recipient and that the recipient releases the facility or organization providing the blood, semen, or organ from all liability for such infection.

Section 6. {Facility Registration}

The state Department of Health shall establish a registry of all blood, tissue, organ, or sperm banks operating in this state. All blood tissue, organ or sperm banks operating in this state shall register with the Department of Health prior to the opening of a facility and annually by May 1 of each year. Any person, hospital, clinic, corporation, partnership, or other legal entity, which operates a blood tissue, organ or sperm bank in this state and fails to register with the Department pursuant to this Section, shall be subject to a fine of $10,000 per occurrence.

Section 7. {Disclosures for Elective Surgery}

(A.) Physicians and surgeons shall explain to each elective surgery patient the probability of a blood transfusion during the patient’s surgery and the positive and negative aspects of autologous blood options, including intraoperative autologous transfusions, blood from relatives and friends, and blood products from blood banks.

(B.) Prior to the scheduled date of surgery the physician or surgeon shall obtain a consent form signed by the patient stating the explanation required pursuant to Subsection (A) has been made, and that the patient consents to any needed blood transfusion.

(C.) The failure of a physician and surgeon to comply with the provisions of this Act shall constitute unprofessional conduct.

Section 8. {Severability Clause}

Section 9. {Repealer Claus}

Section 10. {Effective Date}

1995 Sourcebook of American State Legislation