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Assembly Bill A4475

2009-2010 Legislative Session

Establishes disclosure and collection requirements for autologous blood transfusions

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Archive: Last Bill Status - In Assembly Committee

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2009-A4475 (ACTIVE) - Details

Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Add ยงยง3101 & 3102, Pub Health L

2009-A4475 (ACTIVE) - Summary

Requires a physician, in non-emergency cases, to disclose option of receiving self-donated or designated blood during a surgical procedure; requires health care facilities where transfusions are performed to accept autologous or designated blood subject to testing and preparation requirements of the department of health or the federal government.

2009-A4475 (ACTIVE) - Bill Text download pdf 

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

                                  4475

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2009
                               ___________

Introduced  by M. of A. BRODSKY -- Multi-Sponsored by -- M. of A. GALEF,
  PHEFFER -- read once and referred to the Committee on Health

AN ACT to amend the public health law, in relation to blood transfusions

  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 two new sections
3101 and 3102 to read as follows:
  S  3101.  BLOOD  TRANSFUSIONS;  DISCLOSURE REQUIREMENTS. 1. WHENEVER A
BLOOD TRANSFUSION MAY BE NECESSARY DURING A SURGICAL PROCEDURE,  AND  IF
NO  EMERGENCY  MEDICAL  CONTRAINDICATIONS  EXIST  OR  THE SURGERY IS NOT
PERFORMED ON AN EMERGENCY BASIS, A PHYSICIAN OR SURGEON SHALL INFORM THE
SURGERY PATIENT, PRIOR TO PERFORMING  THE  SURGICAL  PROCEDURE,  OF  THE
POSITIVE  AND  NEGATIVE  ASPECTS  OF THE OPTIONS OF RECEIVING AUTOLOGOUS
BLOOD TRANSFUSIONS, DESIGNATED BLOOD TRANSFUSIONS, OR  HOMOLOGOUS  BLOOD
TRANSFUSIONS.
  2. THE PHYSICIAN OR SURGEON WHO WILL PERFORM THE SURGERY SHALL NOTE ON
THE  MEDICAL  RECORD  OF THE PATIENT THAT THE PATIENT WAS ADVISED OF THE
OPPORTUNITY TO RECEIVE AN AUTOLOGOUS, DESIGNATED  BLOOD,  OR  HOMOLOGOUS
BLOOD TRANSFUSION IF A TRANSFUSION BECOMES NECESSARY.
  3.  IF  NO EMERGENCY MEDICAL CONTRAINDICATIONS EXIST OR THE SURGERY IS
NOT PERFORMED ON AN EMERGENCY BASIS,  THE  PHYSICIAN  OR  SURGEON  SHALL
ALLOW  ADEQUATE  TIME,  PRIOR  TO  SURGERY,  FOR PREDONATION OF BLOOD TO
OCCUR.
  S 3102. PROCEDURE FOR COLLECTION OF AUTOLOGOUS  OR  DESIGNATED  BLOOD.
ANY  HEALTH CARE FACILITY WHICH PERFORMS A TRANSFUSION SHALL BE REQUIRED
TO ACCEPT AUTOLOGOUS OR DESIGNATED BLOOD FOR A POTENTIAL TRANSFUSION  TO
A  PATIENT  IF  THE  BLOOD IS RECEIVED FROM A BLOOD BANK LICENSED BY THE
DEPARTMENT AND HAS BEEN TESTED AND PREPARED IN ACCORDANCE WITH STANDARDS
APPROVED BY THE DEPARTMENT OR BY A BLOOD BANK WITH AN INTERSTATE LICENSE
APPROVED AND REGISTERED BY THE FEDERAL GOVERNMENT.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

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

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