H-1232              _______________________________________________

                                                   HOUSE BILL NO. 1165

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Representatives Brooks, Ballard, Doty, B. Williams, L. Smith, Silver, S. Wilson, Dobbs, Walker and May

Read first time 2/8/85 and referred to Committee on Social & Health Services.

AN ACT Relating to immunity from implied warranties and civil liability for blood transfusions; and amending RCW 70.54.120.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 1, chapter 56, Laws of 1971 and RCW 70.54.120 are each amended to read as follows:

          The procurement, processing, storage, distribution, administration, or use of whole blood, plasma, blood products and blood derivatives for the purpose of injecting or transfusing the same, or any of them, into the human body is declared to be, for all purposes whatsoever, the rendition of a service by each and every person, firm, or corporation participating therein, and is declared not to be covered by any implied warranty under the Uniform Commercial Code, Title 62A RCW, or otherwise, and no civil liability shall be incurred as a result of any of such acts, except in the case of wilful or negligent conduct:  PROVIDED, HOWEVER, That this section shall apply only to liability alleged in the contraction of ((hepatitis and malaria)) a transmissible infection and shall not apply to any transaction in which the blood donor receives compensation:  PROVIDED FURTHER, That this section shall only apply where the person, firm or corporation rendering the above service shall have maintained records of donor suitability and donor identification similar to those specified in sections 73.301 and 73.302(e) as now written or hereafter amended in Title 42, Public Health Service Regulations adopted pursuant to the Public Health Service Act, 42 U.S.C.  262:  PROVIDED FURTHER, That nothing in this section shall be considered by the courts in determining or applying the law to any blood transfusion occurring before June 10, 1971 and the court shall decide such case as though this section had not been passed.

NEW SECTION. Sec. 2.     If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.