_______________________________________________
ENGROSSED SENATE BILL NO. 3804
_______________________________________________
C 321 L 85
State of Washington 49th Legislature 1985 Regular Session
By Senators Zimmerman, McDermott, Talmadge and Kiskaddon
Read first time 2/6/85 and referred to Committee on Human Services and Corrections.
AN ACT Relating to blood; amending RCW 70.54.120; and creating a new section.
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, and acquired
immune deficiency disease 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. The department of social and health services shall provide a written report to the senate committee on human services and corrections and the house of representatives committee on social and health services by January 1, 1986, providing a description of the current policies and procedures utilized by blood banks for detecting the presence of acquired immune deficiency disease in potential donors, the utilization of such procedures, costs of administering the procedures, and statistics on the number of cases of acquired immune deficiency disease reported as a result of the blood banks' screening procedures and information acquired as a result of transfusions. The department shall have the authority to collect data from blood banks, as necessary to develop the report.