2005 Idaho Code - 39-3702 — EXCLUSION OR MODIFICATION OF WARRANTIES ON ANATOMICAL TISSUE, ORGAN, FLUID DONATION SERVICES

                                  TITLE  39
                              HEALTH AND SAFETY
                                  CHAPTER 37
                  ANATOMICAL TISSUE, ORGAN, FLUID DONATIONS
    39-3702.  EXCLUSION OR MODIFICATION OF WARRANTIES ON ANATOMICAL TISSUE,
ORGAN, FLUID DONATION SERVICES. The procurement, processing, storage,
distribution, or use of whole blood, plasma, blood products, blood
derivatives, bodily tissue, tissue products, organs, parts of organs or
products derived therefrom for the purpose of injecting, transfusing or
transplanting the same, or any of them, into the human body for any purpose
whatsoever is declared to be the rendering of a service by any person or
entity (except a paid blood, organ or tissue donor, or a blood, organ or
tissue bank operated for profit) participating therein and does not constitute
a sale, whether or not any consideration is given therefor, and the implied
warranties of merchantability and fitness for a particular purpose shall not
be applicable as to a defect that cannot be detected or removed by reasonable
use of standard established scientific procedures or techniques, except such
person or entity shall remain liable for his or its own negligence or willful
misconduct only.