S T A T E O F N E W Y O R K
________________________________________________________________________
9747
I N A S S E M B L Y
February 5, 2018
___________
Introduced by M. of A. D. ROSENTHAL, M. G. MILLER -- 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-z to read as follows:
§ 2805-Z. 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.
§ 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.
LBD03484-01-7