H-1419              _______________________________________________

                                                   HOUSE BILL NO. 2099

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Representatives Fuhrman, D. Sommers, Padden, Chandler and Wolfe

Read first time 2/22/89 and referred to Committee on Health Care.

AN ACT Relating to directed donations of blood, semen, and body organs; 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.     This act is necessary for the immediate preservation of the public peace, health, morals, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.

NEW SECTION. Sec. 2.     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, the AIDS antibody, or the HIV virus.

NEW SECTION. Sec. 3.     (1) Any person desiring a directed donation, which means 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 ensure 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.

          (2) 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.

          (3) No blood, semen, or organ may be used in any case until it is confirmed that AIDS, pre-AIDS, the AIDS antibody, or the HIV virus is not present in the specimen to be used, 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, the AIDS antibody, or the HIV virus if infection occurs as a result of such use by the recipient, and that the recipient releases the facility or organization providing the blood, semen, or organ from all liability for such infection.

NEW SECTION. Sec. 4.     Sections 2 and 3 of this act are each added to chapter 70.54 RCW.