Idaho H 528: DIRECTED BLOOD PRODUCT TRANSFUSION – Adds to existing law to establish provisions regarding directed blood product transfusion.

Bill Text

LEGISLATURE OF THE STATE OF IDAHO
Sixty-eighth Legislature Second Regular Session - 2026
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 528
BY HEALTH AND WELFARE COMMITTEE
AN ACT1
RELATING TO DIRECTED BLOOD PRODUCT TRANSFUSION; AMENDING CHAPTER 37, TITLE2
39, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 39-3704, IDAHO CODE, TO3
ESTABLISH PROVISIONS REGARDING DIRECTED BLOOD PRODUCT TRANSFUSION; AND4
DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE.5
Be It Enacted by the Legislature of the State of Idaho:6
SECTION 1. That Chapter 37, Title 39, Idaho Code, be, and the same is7
hereby amended by the addition thereto of a NEW SECTION, to be known and des-8
ignated as Section 39-3704, Idaho Code, and to read as follows:9
39-3704. DIRECTED BLOOD PRODUCT TRANSFUSION. (1) As used in this10
section, "blood product" includes whole blood, blood plasma, blood deriva-11
tives, blood platelets, and blood clotting agents.12
(2) Except as provided in subsection (3) of this section, a health care13
provider or facility may not prohibit a patient from providing, through a14
blood establishment complying with all federal requirements for the collec-15
tion of blood products, the patient's own blood or the blood product of the16
patient's directed donor for any potential transfusion related to such pa-17
tient's health care.18
(3) The provisions of subsection (2) of this section shall not apply if:19
(a) The donation or transfusion of the blood product would be detrimen-20
tal to the donor or patient;21
(b) Insufficient time exists to coordinate and arrange for the pa-22
tient's provision of the blood product prior to a surgery or medical23
procedure; or24
(c) A surgery or medical procedure is for emergency medical services.25
(4) A health care provider or facility operating within the scope of the26
health care provider or facility's license shall be immune from liability27
for injury, damages, or death occurring as a result of using the blood prod-28
uct provided by a patient pursuant to subsection (2) of this section, unless29
the health care provider or facility's gross negligence regarding the blood30
product or transfusion contributed to the injury, damages, or death.31
(5) Nothing in this section shall be construed to conflict with federal32
law governing the collection, donation, sale, or use of a blood product.33
SECTION 2. An emergency existing therefor, which emergency is hereby34
declared to exist, this act shall be in full force and effect on and after35
July 1, 2026.36