Bill Text: NY A00762 | 2015-2016 | General Assembly | Introduced

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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 2-0)

Status: (Introduced - Dead) 2016-01-06 - referred to health [A00762 Detail]

Download: New_York-2015-A00762-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          762
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                    January 7, 2015
                                      ___________
       Introduced  by  M. of A. SIMANOWITZ, 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:
    1    Section  1.  The  public health law is amended by adding a new section
    2  2805-x to read as follows:
    3    S 2805-X. 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.
                                                                  LBD00198-01-5