HOUSE BILL REPORT

SSB 5830

BYSenate Committee on Human Services & Corrections (originally sponsored by Senators Deccio, Wojahn, Lee, Stratton, Kiskaddon, Anderson, Kreidler, Johnson, Tanner and Rinehart)

Exempting the procurement, processing, storage, and distribution of organs for transplantation from implied warranties under the Uniform Commercial Code.

House Committe on Health Care

Majority Report:  Do pass.  (9)

      Signed by Representatives Braddock, Chair; Day, Vice Chair; Bristow, Brooks, Bumgarner, Cantwell, D. Sommers, Sprenkle and Vekich.

House Staff:John Welsh (786-7133)

AS PASSED HOUSE APRIL 1, 1987

BACKGROUND:

The Uniform Commercial Code governs the rights and obligations of commercial transactions.  Under this code, there is an implied warranty that goods shall be fit for a particular purpose, and the buyer must rely on the seller's skill and judgment to select suitable products.

The implied warranty of fitness exposes the seller of an organ (most likely a hospital or kidney center, eye bank, etc.) to strict liability for damages should the patient contract a virus.

Currently, blood transfusion products are exempt from the Uniform Commercial Code, but other body parts are not.

SUMMARY:

The procurement, processing, storage, distribution, administration or use of tissues, organs or bones for transplanting purposes is exempted from any implied warranty under the Uniform Commercial Code in matters relating to hepatitis, malaria and AIDS.  Liability based on willful or negligent conduct in the transplanting procedure otherwise exists, however.

References to repealed federal law and regulations pertaining to blood are repealed.

Fiscal Note:      No Impact.

House Committee ‑ Testified For:    Linda Christophersen, Northwest Kidney Center.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    Kidney centers, eye banks and other health facilities which are involved in organ transplants are currently held to a standard of strict liability should the patient contact a virus in the process of the procedure.  Body parts are not products contemplated by the Uniform Commercial Code which regulates commercial sales transactions.  Negligence is the standard under which liability and accountability are established for health services.

House Committee - Testimony Against:      None Presented.