1905-S

AN ACT Relating to increasing the blood supply through directed donations; adding new sections to chapter 70.54 RCW; and declaring an emergency.

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

NEW SECTION. Sec. 1. A new section is added to chapter 70.54 RCW to read as follows:

The legislature finds that maintaining a fresh and stable blood supply for patient transfusion is crucial to the health and safety of the public. The legislature further finds that there is no substitute for blood, and blood donations are a critical part of a patient's lifeline. Natural disasters, large scale industrial accidents, or other emergency events could create critical shortages in needed blood supplies. In addition, routine shortages do occur when many patients concurrently require transfusions of platelets, which can be stored only three to five days. Allowing for directed blood donations could increase or stabilize the regions blood supply and facilitate public safety and health in the event of a severe blood shortage or routine shortages. Direct blood donations between family members or friends of pretested blood is an important component of patient choice and is a currently used medically accepted procedure in various parts of the United States.

NEW SECTION. Sec. 2. A new section is added to chapter 70.54 RCW to read as follows:

Any blood donor program receiving blood donations for medical or health purposes shall establish a program and procedures to honor the requests by donors to have the blood donations directed for use to persons as specified by such donors. The blood donor program may keep up to one-third of the donated blood to increase the general blood supply for other nondirected patient transfusions. If the blood center, in consultation with the hospital transfusion services department, determines that the unused directed donated blood is no longer needed for the directed blood recipient, the blood may be returned to the blood center and used in the general blood supply if the directed donated blood meets all the applicable state and federal standards for quality and safety. If the patient's attending physician requests that the donated blood be kept by the hospital for further use by the patient, the blood center shall keep the donated blood for the time specified by the attending physician. The blood donor program may charge reasonable fees for such directed blood donations to cover administrative costs.

NEW SECTION. Sec. 3. A new section is added to chapter 70.54 RCW to read as follows:

Designated donations shall be accepted only with the written consent of the patient or legal guardian and the donor. Standard written confidential direct blood donor consent forms shall be available at the blood donation program site. The confidential direct blood donor form shall be filled out only by the potential donor. The blood donation program shall provide a private location in the blood donation facility so the potential donor can fill out forms and discuss the donation process with program staff in private and without the presence of family members or friends. The confidential direct blood donor consent form shall contain a check-off box that allows the potential direct blood donor to indicate if any family member or friend has placed undue pressure on the potential blood donor to submit to the direct blood donation procedure. If the confidential consent form filled out by the potential direct blood donor indicates that undue pressure has been placed on the potential donor, the blood donor program staff shall terminate the donation procedure privately and confidentially, and provide the potential donor with a written statement indicating that "the donation is currently incompatible for purposes of this procedure."

All potential direct blood donors who have agreed in writing to the testing and donating procedure shall be counseled privately by trained program staff prior to the procedures to further insure that no undue pressure has been placed on the potential donor by family members or friends. Direct blood donors shall have the opportunity to have their blood tested timely, confidentially, and privately.

Only blood types that are medically suitable shall be used for donation.

NEW SECTION. Sec. 4. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.