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SB-851 Blood donations.(2019-2020)

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Date Published: 01/13/2020 09:00 PM
SB851:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 851


Introduced by Senator Atkins

January 13, 2020


An act to add Section 1603.35 to the Health and Safety Code, relating to blood donations.


LEGISLATIVE COUNSEL'S DIGEST


SB 851, as introduced, Atkins. Blood donations.
Existing law requires any person engaged in the production of human whole blood or human whole blood derivatives to be licensed by the State Department of Public Health. Existing law provides for the regulation of, among others, blood banks and plasma centers, as defined. Existing law requires, before donation of blood or blood components, a donor to be notified in writing that, among other things, their blood or blood components will be tested for evidence of antibodies to human immunodeficiency virus, and that donor blood or blood components found to have the antibodies will not be used for transfusion, which is commonly referred to as a deferral. Existing law authorizes a blood bank or plasma center to incorporate voluntary means of self-deferral for donors, as specified. A violation of these provisions is a crime.
This bill would require a blood bank or plasma center to provide information to a potential donor who is subject to a deferral the reason for the deferral, including information relating to standards established pursuant to federal law.
Because a violation of these provisions would be a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 1603.35 is added to the Health and Safety Code, immediately following Section 1603.3, to read:

1603.35.
 Each blood bank or plasma center shall provide information to a potential donor who is subject to a deferral the reason for the deferral, including information relating to standards established pursuant to federal law.

SEC. 2.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.