Bill Text: NY A09321 | 2011-2012 | General Assembly | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-02-16 - referred to health [A09321 Detail]
Download: New_York-2011-A09321-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 9321 I N A S S E M B L Y February 16, 2012 ___________ Introduced by M. of A. SIMANOWITZ -- 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: 1 Section 1. The public health law is amended by adding a new section 2 2805-u to read as follows: 3 S 2805-U. SELECTIVE PRE-SURGERY BLOOD DONATION. 1. HOSPITALS AND OTHER 4 FACILITIES APPROVED PURSUANT TO THIS ARTICLE SHALL PERMIT A PERSON, 5 PRIOR TO SURGERY ON AN IN-PATIENT OR OUT-PATIENT BASIS: 6 (A) TO DONATE HIS OR HER OWN BLOOD FOR POSSIBLE TRANSFUSION INTO SUCH 7 PATIENT; AND 8 (B) TO BRING OTHER PERSONS TO DONATE BLOOD FOR POSSIBLE TRANSFUSION 9 INTO SUCH PATIENT. BLOOD DONATED PURSUANT TO THIS SUBDIVISION SHALL BE 10 STORED IN A PLACE AND MANNER APPROVED BY THE COMMISSIONER. 11 2. THE COMMISSIONER SHALL PROMULGATE REGULATIONS CONTAINING GUIDELINES 12 FOR FEES TO RECOVER THE COST TO SUCH HOSPITAL OR OTHER FACILITY FOR 13 DRAWING THE BLOOD PURSUANT TO SUBDIVISION ONE OF THIS SECTION AND FOR 14 THE STORAGE THEREOF. 15 3. WHEN A PERSON IS ADMITTED FOR SURGERY ON AN IN-PATIENT OR OUT-PA- 16 TIENT BASIS AND BLOOD HAS BEEN PREVIOUSLY DONATED FOR SUCH PATIENT 17 PURSUANT TO SUBDIVISION ONE OF THIS SECTION, SUCH PERSON SHALL GIVE 18 WRITTEN DIRECTION REGARDING BLOOD TO BE USED FOR TRANSFUSION IN THE 19 EVENT THAT HIS OR HER PRE-DONATED BLOOD SUPPLY IS EXHAUSTED AND MORE 20 BLOOD FOR TRANSFUSION IS NEEDED. 21 S 2. This act shall take effect on the one hundred twentieth day 22 after it shall have become a law, provided, however, that the commis- 23 sioner of health shall promulgate rules and regulations necessary to 24 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. LBD08589-01-1