SENATE BILL REPORT

SB 5830

BYSenators 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

Senate Hearing Date(s):February 24, 1987; March 2, 1987

Majority Report:  That Substitute Senate Bill No. 5830 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Wojahn, Chairman; Stratton, Vice Chairman; Anderson, Deccio, Johnson, Kiskaddon, Kreidler.

Senate Staff:Carol Pedigo (786-7417)

                  March 3, 1987

AS REPORTED BY COMMITTEE ON HUMAN SERVICES & CORRECTIONS, MARCH 2, 1987

BACKGROUND:

Current law grants immunity from implied warranties and civil liability under the Uniform Commercial Code for persons using blood or its by-products in injections or transfusions into the human body.  Washington is one of 47 states with this statute.  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 need immunity.

It is common practice for organs to be transported from one state to another.  Thirty-three states have legal protection from implied warranty and civil liability for persons involved in transplants.  Proponents are attempting to include Washington among the states with this protection.

SUMMARY:

Procurement, processing, storage, distribution, administration or use of tissues, organs or bones for the purpose of transplantation into the human body is declared to be not covered by an implied warranty under the Uniform Commercial Code.  No civil liability can be incurred except in the case of wilful or negligent conduct.

EFFECT OF PROPOSED SUBSTITUTE:

An unnecessary reference to an outdated Code of Federal Regulations cite is eliminated.  Other technical amendments are made.

Fiscal Note:      requested

Senate Committee - Testified: Christopher Blagg, M.D., Northwest Kidney Center, UW Transplant Program, Lions Eye Bank; Linda Christopherson, Bogel & Gates, Northwest Kidney Center; Darlene Burgess, Group Health