FINAL BILL REPORT

SSB 5830

                                   C 84 L 87

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.

Senate Committee on Human Services & Corrections

House Committe on Health Care

SYNOPSIS AS ENACTED

BACKGROUND:

Current law grants immunity from implied warranties and civil liability under the Uniform Commercial Code for persons using blood or its by-products for injections or transfusions into the human body.  In recent years, tissue and organ procurement and banking of them for transplantation has become a viable medical procedure.  Just as immunity was needed for blood transfusions, proponents believe that persons involved in tissue and organ transplantations should be granted immunity.

It is common practice for organs to be transported from one state to another.  Washington is not among the 33 states which have exemption from implied warranty and civil liability for persons involved in transplants.

SUMMARY:

Procurement, processing, storage, distribution, administration or use of tissues, organs or bones for the purpose of transplantation into the human body is exempt from any implied warranty under the Uniform Commercial Code in matters relating to hepatitis, malaria and AIDS.  No civil liability can be incurred except in the case of wilful or negligent conduct.

VOTES ON FINAL PASSAGE:

      Senate    42     0

      House 96   0

EFFECTIVE:July 26, 1987