H.B. 64 Enrolled

1

HUMAN BLOOD PROCUREMENT AND USE
2 2011 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Stephen G. Handy
5 Senate Sponsor: Patricia W. Jones
6
7 LONG TITLE
8 General Description:
9 This bill recodifies, repeals, and amends provisions of the Utah Code relating to the
10 procurement and use of human blood.
11 Highlighted Provisions:
12 This bill:
13 . defines terms;
14 . deletes obsolete provisions relating to the donation of blood by a person who is 18
15 years old;
16 . enacts the Human Blood Act;
17 . clarifies that the procurement and use of a blood product is considered a service
18 rather than a sale;
19 . provides that a minor who is at least 16 years old may donate blood to a voluntary,
20 noncompensatory blood donation program if a parent or legal guardian of the minor
21 consents to the donation; and
22 . makes technical changes.
23 Money Appropriated in this Bill:
24 None
25 Other Special Clauses:
26 None
27 Utah Code Sections Affected:
28 ENACTS:
29 26-31-101, Utah Code Annotated 1953

30 26-31-102, Utah Code Annotated 1953
31 26-31-202, Utah Code Annotated 1953
32 RENUMBERS AND AMENDS:
33 26-31-201, (Renumbered from 26-31-1, as enacted by Laws of Utah 1981, Chapter 126)
34 REPEALS:
35 15-2-5, as last amended by Laws of Utah 2010, Chapter 378
36
37 Be it enacted by the Legislature of the state of Utah:
38 Section 1. Section 26-31-101 is enacted to read:
39 CHAPTER 31. HUMAN BLOOD ACT
40 Part 1. General Provisions
41 26-31-101. Title.
42 This chapter is known as the "Human Blood Act."
43 Section 2. Section 26-31-102 is enacted to read:
44 26-31-102. Definitions.
45 As used in this chapter:
46 (1) "Blood" means human blood.
47 (2) "Blood product" includes:
48 (a) whole blood;
49 (b) blood plasma;
50 (c) a blood derivative;
51 (d) blood platelets; and
52 (e) blood clotting agents.
53 Section 3. Section 26-31-201 , which is renumbered from Section 26-31-1 is
54 renumbered and amended to read:
55 Part 2. Blood Procurement and Use
56 [26-31-1]. 26-31-201. Procurement and use of a blood product is a service and
57 not a sale.

58 The following are considered to be the rendition of a service by each participant and are
59 not considered to be a sale:
60 (1) the procurement, processing, distribution, or use of [whole human blood, plasma,
61 blood products, and blood derivatives] a blood product for the purpose of injecting or
62 transfusing [them] the blood product into the human body [together with]; and
63 (2) the process of injecting or transfusing [the same shall be construed to be the
64 rendition of a service by every person participating therein and shall not be construed to be a
65 sale] a blood product.
66 Section 4. Section 26-31-202 is enacted to read:
67 26-31-202. Blood donation by a minor.
68 A minor who is at least 16 years old may donate blood to a voluntary, noncompensatory
69 blood donation program if a parent or legal guardian of the minor consents to the donation.
70 Section 5. Repealer.
71 This bill repeals:
72 Section 15-2-5, Blood donation by minor.