Bill Text: IN HB1216 | 2012 | Regular Session | Amended
Bill Title: Self-donated blood.
Spectrum: Bipartisan Bill
Status: (Enrolled - Dead) 2012-03-14 - Signed by the Governor [HB1216 Detail]
Download: Indiana-2012-HB1216-Amended.html
Citations Affected: IC 16-41; IC 35-42.
Synopsis: Self-donated blood. Provides that certain disposal
requirements do not apply to autologous blood donations for stem cell
transplantation. Provides that the crime of transferring contaminated
body fluids does not apply to autologous blood donations for stem cell
transplantation.
Effective: July 1, 2012.
January 9, 2012, read first time and referred to Committee on Public Health.
January 25, 2012, amended, reported _ Do Pass.
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A BILL FOR AN ACT to amend the Indiana Code concerning
health.
(b) The blood center shall label blood, plasma, a blood product, or a blood derivative before distribution by the blood center to indicate the results of the tests required by this chapter. The blood center shall also label each blood sample according to the regulations of the federal Food and Drug Administration.
(c) The blood center shall perform a confirmatory test on a blood donation from a donor when the screening test performed under subsection (a) yields repeatedly reactive results.
(d) Except for:
(1) a sample retained to perform a confirmatory test;
(2) units used for research purposes or in the production of pharmaceutical products if the blood center has obtained approval
from the federal Food and Drug Administration; or
(3) an autologous blood donations for stem cell
transplantation;
the blood center shall dispose of a blood donation after an inconclusive
or repeatedly reactive screening test has been performed. The disposal
must be made under rules adopted by the state department under this
chapter and IC 16-41-16.
(e) A blood center shall report to the state department the results of
each positive confirmatory test conducted under subsection (c).
(f) A blood center shall attempt to notify a donor and refer the donor
to counseling when the confirmatory test on the donor's blood is
inconclusive or indicates the presence of antibodies to the human
immunodeficiency virus (HIV).
(g) Each health care provider that administers blood transfusions
shall keep a record of the following:
(1) Blood center that furnished the blood.
(2) Unit number assigned to the blood.
The records shall be made available to the state department for
inspection.
(h) An employee who is responsible for conducting the screening
test required under this section who knowingly or intentionally fails to
conduct the screening test commits a Class A misdemeanor.
(1) Name.
(2) Address.
(3) Date of birth.
(b) A blood center shall request a blood donor to provide the blood donor's Social Security number.
(c) A blood center shall report the name and address of a blood donor to the state department when a confirmatory test of the blood donor's blood confirms the presence of antibodies to the human immunodeficiency virus (HIV).
(d) A blood center shall provide to a blood donor information to enable the blood donor to give informed consent to the procedures required by this chapter or IC 16-36. The information required by this subsection must be in the following form:
(1) This blood center performs a screening test for the human immunodeficiency virus (HIV) on every donor's blood.
(2) This blood center reports to the state department of health the name and address of a blood donor when a confirmatory test of the blood donor's blood confirms the presence of antibodies to the human immunodeficiency virus (HIV).
(3) A person who recklessly, knowingly, or intentionally donates (excluding self-donations for stem cell transplantation), sells, or transfers blood or a blood component that contains antibodies for the human immunodeficiency virus (HIV) commits transferring contaminated blood, a Class C felony. The offense is a Class A felony if the offense results in the transmission of the virus to another person.
(b) A person who recklessly, knowingly, or intentionally donates, sells, or transfers blood, a blood component, or semen for artificial insemination (as defined in IC 16-41-14-2) that contains the human immunodeficiency virus (HIV) commits transferring contaminated body fluids, a Class C felony.
(c) However, the offense is a Class A felony if it results in the transmission of the human immunodeficiency virus (HIV) to any person other than the defendant.
(d) This section does not apply to:
(1) a person who, for reasons of privacy, donates, sells, or transfers blood or a blood component at a blood center (as defined in IC 16-41-12-3) after the person has notified the blood center that the blood or blood component must be disposed of and may not be used for any purpose;
(2) a person who transfers blood, a blood component, semen, or another body fluid that contains the human immunodeficiency virus (HIV) for research purposes; or
(3) a person who is an autologous blood donor for stem cell transplantation.
