2005 Texas Health & Safety Code CHAPTER 162. BLOOD BANKS AND DONATION OF BLOOD

HEALTH & SAFETY CODE

CHAPTER 162. BLOOD BANKS AND DONATION OF BLOOD


	§ 162.001. DEFINITIONS.  In this chapter:                                   
		(1)  "Blood bank" means a facility that obtains blood 
from voluntary donors, as that term is defined by the United States 
Food and Drug Administration, the American Association of Blood 
Banks, and the American Red Cross Blood Services and that is 
registered or licensed by the Office of Biologics of the United 
States Food and Drug Administration and accredited by the American 
Association of Blood Banks or the American Red Cross Blood 
Services, or is qualified for membership in the American 
Association of Tissue Banks.  The term includes a blood center, 
regional collection center, tissue bank, and transfusion service.
		(2)  "AIDS" means acquired immune deficiency syndrome 
as defined by the Centers for Disease Control of the United States 
Public Health Service.
		(3)  "HIV" means human immunodeficiency virus.                                

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.  Amended 
by Acts 1989, 71st Leg., ch. 1100, § 5.08(a), eff. Sept. 1, 1989.


	§ 162.002. REQUIRED TESTING OF BLOOD.  (a) For each 
donation of blood, a blood bank shall require the donor to submit to 
tests for infectious diseases, including tests for AIDS, HIV, or 
hepatitis, and serological tests for contagious venereal diseases.
	(b)  A blood bank is not required to obtain the donor's 
informed consent before administering tests for infectious 
diseases and is not required to provide counseling concerning the 
test results.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.                    


	§ 162.003. CONFIDENTIALITY OF BLOOD BANK RECORDS.  The 
medical and donor records of a blood bank are confidential and may 
not be disclosed except as provided by this chapter.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.                    


	§ 162.004. DISCLOSURE REQUIRED BY LAW.  A blood bank 
shall disclose all information required by law, including HIV test 
results, to:
		(1)  the department and a local health authority as 
required under Chapter 81 (Communicable Disease Prevention and 
Control Act); 
		(2)  the Centers for Disease Control of the United 
States Public Health Service, as required by federal law or 
regulation;  or
		(3)  any other local, state, or federal entity, as 
required by law, rule, or regulation.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.                    


	§ 162.005. DISCLOSURE TO CERTAIN PHYSICIANS OR PERSON 
TESTED.  A blood bank shall disclose blood test results and the 
name of the person tested to:
		(1)  the physician or other person authorized by law 
who ordered the test;  
		(2)  the physician attending the person tested;  or                           
		(3)  the person tested or a person legally authorized 
to consent to the test on behalf of the person tested.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.                    


	§ 162.006. DISCLOSURE TO OTHER BLOOD BANKS.  (a) A blood 
bank may report to other blood banks the name of a donor with a 
possible infectious disease according to positive blood test 
results.
	(b)  A blood bank that reports a donor's name to other blood 
banks under this section may not disclose the infectious disease 
that the donor has or is suspected of having.
	(c)  A blood bank that reports as provided by this section 
does not breach a confidence arising out of any confidential 
relationship.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.                    


	§ 162.007. REPORT TO RECIPIENT OR TRANSFUSER.  (a) A 
blood bank shall report blood test results for blood confirmed as 
HIV positive by the normal procedures blood banks presently use or 
found to be contaminated by any other infectious disease to:
		(1)  the hospital or other facility in which the blood 
was transfused or provided; 
		(2)  the physician who transfused the infected blood;  
or                   
		(3)  the recipient of the blood.                                              
	(b)  A blood bank may report blood test results for 
statistical purposes.    
	(c)  A blood bank that reports test results under this 
section may not disclose the name of the donor or person tested or 
any other information that could result in the disclosure of the 
donor's or person's identity, including an address, social security 
number, designated recipient, or replacement donation information.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.                    


	§ 162.008. PROCEDURES FOR NOTIFYING BLOOD 
RECIPIENTS.  Each hospital, physician, health agency, and other 
transfuser of blood shall strictly follow the official "Operation 
Look-Back" procedure of the American Association of Blood Banks or 
the American Red Cross Blood Services in notifying past and future 
recipients of blood.  The only exception to notifying a recipient of 
blood is if the recipient is dead or cannot be located.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.  Amended 
by Acts 1989, 71st Leg., ch. 1100, § 5.08(b), eff. Sept. 1, 1989.


	§ 162.009. PROVISION OF BLOOD SAMPLES FOR TESTING.  On 
request, a blood bank shall provide blood samples to hospitals, 
laboratories, and other blood banks for additional, repetitive, or 
different testing.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.                    


	§ 162.010. GENERAL POWERS AND DUTIES OF COURT.  (a) After 
notice and hearing, a court of competent jurisdiction may require a 
blood bank to provide a recipient of blood from the blood bank with 
the results of tests of the blood of each donor of blood transfused 
into the recipient.  The court may also require the test results to 
be given to an heir, parent, or guardian of the recipient, or a 
personal representative of the recipient's estate. The test results 
must be given in accordance with Section 162.007.
	(b)  If a blood bank fails to or cannot provide the test 
results as required under Subsection (a), the court may require the 
blood bank to use every reasonable effort, including any effort 
directed by the court, to locate any donor of the blood in question.  
The court may require the blood bank to obtain from that donor a 
blood sample for testing and may direct the blood bank to provide 
blood test results, samples of the blood, or both, to an independent 
laboratory designated by the court for testing.  The results of the 
independent laboratory test must be made available to the 
recipient, an heir, parent, or guardian of the recipient, or the 
personal representative of the recipient's estate.
	(c)  Section 162.002 applies if a blood bank requires a donor 
to provide a blood sample for testing under Subsection (b).
	(d)  If a blood test result is positive or if the blood bank 
fails to or cannot provide a blood test result or blood sample as 
required under Subsection (b), the court may require the blood bank 
to provide any information that the court determines is necessary 
to satisfy the court that the blood bank has complied in all 
respects with this section and the court's order or has 
demonstrated every reasonable effort to comply.  The blood bank 
must provide the information to the judge of the court in camera and 
under seal.
	(e)  The court may not disclose to any other person the name 
of a donor or any other information that could result in the 
disclosure of a donor's identity, including an address, social 
security number, designated recipient, or replacement donation 
information.  However, on the motion of any party, the court shall 
order the taking of the donor's deposition at a specified time and 
in a manner that maintains the donor's anonymity.
	(f)  The court may not deny a party's attorney the right to 
orally cross-examine the donor.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.                    


	§ 162.011. DISCOVERY POWERS OF COURT.  (a) A court of 
competent jurisdiction shall exercise the discovery powers granted 
in this section on the motion of any party.  The court shall 
exercise the powers to the extent reasonably necessary to obtain 
information from or relating to a donor if that information:
		(1)  is reasonably calculated to lead to the discovery 
of admissible evidence regarding any matter relevant to the subject 
matter of a pending proceeding;  and
		(2)  cannot otherwise be obtained without threatening 
the disclosure of the name of a donor or other information that 
could result in the disclosure of a donor's identity, including an 
address, social security number, designated recipient, or 
replacement donation information.
	(b)  This section does not apply to information obtainable 
under Section 162.010.
	(c)  The court may:                                                            
		(1)  order the deposition of any witness, including a 
donor, orally, on written questions and cross-questions propounded 
by the parties, or both;  and
		(2)  compel the production of documents and things.                           
	(d)  A subpoena issued to a donor under this section may be 
served only in person at the donor's residence address.  On a 
showing that service in person cannot be made at the donor's 
residence despite diligent efforts to do so, the court may order 
service on the donor at other places as directed by the court.
	(e)  The court shall deliver to the parties all discoverable 
information obtained through the exercise of powers provided by 
this section, including testimony, documents, or things.  The court 
shall first delete from that information the name of any donor or 
any other information that could result in the disclosure of a 
donor's identity, including information described by Subsection 
(a)(2).  The court may substitute fictitious names, such as "John 
Doe," or make other changes as necessary to protect the 
confidentiality of the donor's identity in the information made 
available to the parties.
	(f)  The court may not disclose confidential donor 
information to any person other than a person acting under Section 
162.010(e) or (f).  That person may not disclose the information to 
others.
	(g)  The exercise of the court's powers under this section is 
governed by the Texas Rules of Civil Procedure, except to the extent 
of any conflict with this section.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.                    


	§ 162.012. LIMITATION ON LIABILITY.  (a) A donor who 
provides information or blood samples under Section 162.010 is 
immune from all liability arising out of the donation of the blood 
transfused into a recipient.
	(b)  A blood bank is not liable for the disclosure of 
information to a court in accordance with an order issued under 
Sections 162.010(b)-(f).
	(c)  A presumption of negligence or causation does not attach 
to a donor's positive test result if the test result is obtained 
after the donation of blood or blood components that is the subject 
of discovery as provided under Section 162.011.
	(d)  Except as provided by Section 162.013 or 162.014, a 
person who negligently or intentionally discloses blood bank 
records in violation of this chapter is liable only for actual 
damages resulting from the negligent or intentional disclosure.
	(e)  This chapter does not give rise to any liability under 
Subchapter E, Chapter 17, Business & Commerce Code (Deceptive Trade 
Practices-Consumer Protection Act) .

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.                    


	§ 162.013. CIVIL PENALTY.  (a) A person who is injured by 
a violation of Section 162.006, 162.007, 162.010, or 162.011 may 
bring a civil action for damages.  In addition, any person may bring 
an action to restrain such a violation or threatened violation.
	(b)  If it is found in a civil action that a person has 
violated a section listed in Subsection (a), that person is liable 
for:
		(1)  actual damages;                                                          
		(2)  a civil penalty of not more than $1,000;  and                            
		(3)  court costs and reasonable attorney's fees 
incurred by the person bringing the action.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.                    


	§ 162.014. CRIMINAL PENALTY.  (a) A person commits an 
offense if the person discloses information in violation of Section 
162.006, 162.007, 162.010, or 162.011.
	(b)  An offense under this section is a Class C misdemeanor.                   
	(c)  Each disclosure made in violation of Section 162.006 or 
162.007 constitutes a separate offense.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.                    


	§ 162.015. DONATION OF BLOOD BY PERSONS YOUNGER THAN 18 
YEARS OF AGE.  A person who is 17 years of age may consent to the 
donation of the person's blood or blood components.  A person 
younger than 18 years of age may not receive any compensation from a 
blood bank for a donation of the person's blood or blood components.

Added by Acts 1993, 73rd Leg., ch. 160, § 1, eff. Sept. 1, 1993.           


	§ 162.016. BE A BLOOD DONOR ACCOUNT.  (a) The be a blood 
donor account is a separate account in the general revenue fund.  
The account is composed of:
		(1)  money deposited to the credit of the account under 
Section 504.641, Transportation Code;  and
		(2)  gifts, grants, donations, and legislative 
appropriations.              
	(b)  The department administers the account and may spend 
money credited to the account only to:
		(1)  make grants to nonprofit blood centers in this 
state for programs to recruit and retain volunteer blood donors;  
and
		(2)  defray the cost of administering the account.                            
	(c)  The board:                                                                
		(1)  may accept gifts, grants, and donations from any 
source for the benefit of the account;  and
		(2)  by rule shall establish guidelines for spending 
money credited to the account.

Added by Acts 2003, 78th Leg., ch. 1320, § 9, eff. Sept. 1, 2003.          


	§ 162.017. BE A BLOOD DONOR ADVISORY COMMITTEE.  (a) The 
commissioner shall appoint a five-member be a blood donor advisory 
committee composed of:
		(1)  one volunteer blood donor who has given at least 
one gallon of blood in the two years preceding the appointment;
		(2)  two representatives from nonprofit blood centers;                        
		(3)  one person who has received a blood transfusion in 
the five years preceding the appointment;  and
		(4)  one representative from the department.                                  
	(b)  The commissioner shall designate one member as 
presiding officer of the committee.
	(c)  The committee shall:                                                      
		(1)  meet at least annually or as called by the 
commissioner;               
		(2)  assist the board in establishing guidelines for 
the expenditure of money credited to the be a blood donor account;  
and
		(3)  review and make recommendations to the department 
on applications submitted to the department for grants funded with 
money credited to the be a blood donor account.
	(d)  Members of the committee serve without compensation and 
are not entitled to reimbursement for expenses.  Members of the 
committee serve staggered four-year terms, with the terms of as 
near one-half as possible of the members expiring on January 31 of 
each even-numbered year.

Added by Acts 2003, 78th Leg., ch. 1320, § 9, eff. Sept. 1, 2003.