Assembly Bill A4608

2009-2010 Legislative Session

Requires hospitals to permit selective pre-surgery blood donation

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-A4608 (ACTIVE) - Details

Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Add ยง2805-t, Pub Health L
Versions Introduced in Other Legislative Sessions:
2011-2012: A4970, A9321
2013-2014: A2407
2015-2016: A762
2017-2018: A1309, A9747

2009-A4608 (ACTIVE) - Summary

Requires hospitals and other facilities to permit a person, prior to surgery, to either pre-donate his or her own blood or to bring his or her own donor for selective blood donation on an in-patient or out-patient basis.

2009-A4608 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4608

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 5, 2009
                               ___________

Introduced  by M. of A. MAYERSOHN, POWELL -- Multi-Sponsored by -- M. of
  A. ALFANO, BARRA, CLARK, COLTON, CYMBROWITZ, ENGLEBRIGHT, GALEF, HOOP-
  ER, McDONOUGH, PHEFFER, SWEENEY --  read  once  and  referred  to  the
  Committee on Health

AN ACT to amend the public health law, in relation to selective pre-sur-
  gery blood donation

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The public health law is amended by adding  a  new  section
2805-t to read as follows:
  S 2805-T. SELECTIVE PRE-SURGERY BLOOD DONATION. 1. HOSPITALS AND OTHER
FACILITIES  APPROVED  PURSUANT  TO  THIS  ARTICLE SHALL PERMIT A PERSON,
PRIOR TO SURGERY ON AN IN-PATIENT OR OUT-PATIENT BASIS:
  (A) TO DONATE HIS OR HER OWN BLOOD FOR POSSIBLE TRANSFUSION INTO  SUCH
PATIENT; AND
  (B)  TO  BRING  OTHER PERSONS TO DONATE BLOOD FOR POSSIBLE TRANSFUSION
INTO SUCH PATIENT. BLOOD DONATED PURSUANT TO THIS SUBDIVISION  SHALL  BE
STORED IN A PLACE AND MANNER APPROVED BY THE COMMISSIONER.
  2. THE COMMISSIONER SHALL PROMULGATE REGULATIONS CONTAINING GUIDELINES
FOR  FEES  TO  RECOVER  THE  COST TO SUCH HOSPITAL OR OTHER FACILITY FOR
DRAWING THE BLOOD PURSUANT TO SUBDIVISION ONE OF THIS  SECTION  AND  FOR
THE STORAGE THEREOF.
  3.  WHEN  A PERSON IS ADMITTED FOR SURGERY ON AN IN-PATIENT OR OUT-PA-
TIENT BASIS AND BLOOD HAS  BEEN  PREVIOUSLY  DONATED  FOR  SUCH  PATIENT
PURSUANT  TO  SUBDIVISION  ONE  OF  THIS SECTION, SUCH PERSON SHALL GIVE
WRITTEN DIRECTION REGARDING BLOOD TO BE  USED  FOR  TRANSFUSION  IN  THE
EVENT  THAT  HIS  OR  HER PRE-DONATED BLOOD SUPPLY IS EXHAUSTED AND MORE
BLOOD FOR TRANSFUSION IS NEEDED.
  S 2.  This act shall take effect on  the  one  hundred  twentieth  day
after  it  shall  have become a law, provided, however, that the commis-
sioner of health shall promulgate rules  and  regulations  necessary  to
effectuate the provisions of this act prior to such effective date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

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