H-2108              _______________________________________________

                                                   HOUSE BILL NO. 1216

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Representatives Fuhrman, B. Williams, Barnes and Holland

Read first time 3/16/87 and referred to Committee on Health Care.

AN ACT Relating to directed donations of blood, semen, and body organs; adding a new section to chapter 70.54 RCW; and declaring an emergency.

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

NEW SECTION. Sec. 1.     This act is necessary for the immediate preservation of the public peace, health, morals, and safety, the support of the state government and its existing public institutions, and shall take effect immediately.

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

          All public and private facilities or organizations that accept directly from the donor any blood, semen, or organ donation, with or without recompense to the donor and for any purpose, shall test or have tested the blood, semen, or organ for the presence of AIDS, pre-AIDS, or the AIDS antibody.  The person in charge of the facility has a duty to immediately submit a report in writing to the local health officer regarding any donor whose blood, semen, or organ contains AIDS, pre-AIDS, or the AIDS antibody.  Any person desiring a directed donation (the exclusive use of the donor's own blood, semen, or organ as donated for a specific individual or use, or for storage to be held for a later specified use) shall inform the facility of the donor's intent to make a directed donation.  The person in charge of the facility shall accept a directed donation and shall insure that the donor's own blood, semen, or organ as donated will be held and used exclusively for the use specified by the donor.  The facility or organization may charge reasonable fees to cover administrative and storage costs for such directed donations.

          Thirty days prior to the expiration date of the donation, the facility shall notify the donor in writing of the expiration date and shall request the donor to release the donation for a credit of equal kind or amount.  Release by the donor of a directed donation shall be in writing, dated, and signed by the donor.  The facility shall further notify the donor that if a release or a directed use is not executed prior to ten days before the expiration date of the donation the donation shall become the property of the facility and the facility shall have all rights of ownership thereof and may use or dispose of the donation as they determine without any liability or obligation to the donor.  No blood, semen, or organ may be used in any case until it is confirmed that AIDS, pre-AIDS, or the AIDS antibody is not present, unless the recipient, or his or her legal representative, signs a waiver providing that the recipient assumes all liability for becoming infected with AIDS, pre-AIDS, or the AIDS antibody if infection occurs as a result of such use by the recipient and releases the facility or organization providing the blood, semen, or organ from all liability for such infection.