TITLE 39

HEALTH AND SAFETY

CHAPTER 37

ANATOMICAL TISSUE, ORGAN, FLUID DONATIONS

39-3704.  directed blood product transfusion. (1) As used in this section, "blood product" includes whole blood, blood plasma, blood derivatives, blood platelets, and blood clotting agents.

(2)  Except as provided in subsection (3) of this section, a health care provider or facility may not prohibit a patient from providing, through a blood establishment complying with all federal requirements for the collection of blood products, the patient’s own blood or the blood product of the patient’s directed donor for any potential transfusion related to such patient’s health care.

(3)  The provisions of subsection (2) of this section shall not apply if:

(a)  The donation or transfusion of the blood product would be detrimental to the donor or patient;

(b)  Insufficient time exists to coordinate and arrange for the patient’s provision of the blood product prior to a surgery or medical procedure; or

(c)  A surgery or medical procedure is for emergency medical services.

(4)  A health care provider or facility operating within the scope of the health care provider or facility’s license shall be immune from liability for injury, damages, or death occurring as a result of using the blood product provided by a patient pursuant to subsection (2) of this section, unless the health care provider or facility’s gross negligence regarding the blood product or transfusion contributed to the injury, damages, or death.

(5)  Nothing in this section shall be construed to conflict with federal law governing the collection, donation, sale, or use of a blood product.

History:

[39-3704, added 2026, ch. 26, sec. 1, p. 122.]