What's happening
This bill requires hospitals to allow patients or others to donate blood for a patient's surgery and sets related regulations.
Why it matters
Empowers patients with choice and control. By allowing patients and their associates to donate blood specifically for their own surgeries, the bill lets individuals have more say in their medical care, which can be especially important for those with rare blood types, religious concerns, or fears about the general blood supply.
Establishes clear protocols and safeguards. The requirement that blood be stored in a manner approved by the health commissioner ensures donated blood is handled safely and appropriately, potentially reducing risks of contamination or mismanagement.
Balances patient options with hospital costs. By mandating that the Department of Health set guidelines for fees related to blood collection and storage, the bill aims to make the process accessible while ensuring hospitals can recover actual costs—potentially making selective blood donation feasible for more patients.
Requires advance planning for transfusion needs. The bill obliges patients who pre-donate blood to provide written instructions for what should happen if their supply runs out, helping to avoid confusion or delays during critical moments in surgery.
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Who cares
Headline styles
Allow Pre-Surgery Blood Donation
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to health
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
9747
IN ASSEMBLY
February 5, 2018
Introduced by M. of A. D. ROSENTHAL, M. G. MILLER -- read once and referred to the Committee on Health
AN ACT to amend the public health law, in relation to selective pre-surgery blood donation
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The public health law is amended by adding a new section 2805-z to read as follows:
§ 2805-z. Selective pre-surgery blood donation. 1. Hospitals and other facilities approved pursuant to this article shall permit a person, prior to surgery on an in-patient or out-patient basis:
(a) to donate his or her own blood for possible transfusion into such patient; and
(b) to bring other persons to donate blood for possible transfusion into such patient. Blood donated pursuant to this subdivision shall be stored in a place and manner approved by the commissioner.
2. The commissioner shall promulgate regulations containing guidelines for fees to recover the cost to such hospital or other facility for drawing the blood pursuant to subdivision one of this section and for the storage thereof.
3. When a person is admitted for surgery on an in-patient or out-patient basis and blood has been previously donated for such patient pursuant to subdivision one of this section, such person shall give written direction regarding blood to be used for transfusion in the event that his or her pre-donated blood supply is exhausted and more blood for transfusion is needed.
§ 2. This act shall take effect on the one hundred twentieth day after it shall have become a law, provided, however, that the commissioner of health shall promulgate rules and regulations necessary to 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.
LBD03484-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.