S-823 _______________________________________________
SENATE BILL NO. 5212
_______________________________________________
State of Washington 51st Legislature 1989 Regular Session
By Senators Moore, Lee and Rasmussen
Read first time 1/18/89 and referred to Committee on Health Care & Corrections.
AN ACT Relating to personalized blood transfusions; and amending RCW 70.54.120.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. Section 1, chapter 56, Laws of 1971 as last amended by section 1, chapter 84, Laws of 1987 and RCW 70.54.120 are each amended to read as follows:
(1)
The procurement, processing, storage, distribution, administration, or use of
whole blood, plasma, blood products and blood derivatives for the purpose of
injecting or transfusing the same, or any of them, or of tissues, organs, or
bones for the purpose of transplanting them, or any of them, into the human
body is declared to be, for all purposes whatsoever, the rendition of a service
by each and every person, firm, or corporation participating therein, and is
declared not to be covered by any implied warranty under the Uniform Commercial
Code, Title 62A RCW, or otherwise, and no civil liability shall be incurred as
a result of any of such acts, except in the case of willful or negligent
conduct((: PROVIDED, HOWEVER, That this)).
(2)
Subsection (1) of this section shall apply only to liability alleged in the
contraction of hepatitis, malaria, and acquired immune deficiency disease and
shall not apply to any transaction in which the donor receives compensation((:
PROVIDED FURTHER, That this)).
(3)
Subsection (1) of this section shall only apply where the person, firm or
corporation rendering the above service shall have maintained records of donor
suitability and donor identification((: PROVIDED FURTHER, That)).
(4) Nothing in this section shall be considered by the courts in determining or applying the law to any blood transfusion occurring before June 10, 1971 and the court shall decide such case as though this section had not been passed.
(5) A person, firm, or corporation may render a service described in subsection (1) of this section, specifically donate whole blood, plasma, blood products, or blood derivatives and designate the recipient of that donor's whole blood, plasma, blood products, or blood derivatives.