SB 851

Bill Subjects

Abstract

Existing law requires any person engaged in the production of human whole blood or human whole blood derivatives to be licensed by the State Department of Public Health. Existing law provides for the regulation of, among others, blood banks and plasma centers, as defined. Existing law requires, before donation of blood or blood components, a donor to be notified in writing that, among other things, their blood or blood components will be tested for evidence of antibodies to human immunodeficiency virus, and that donor blood or blood components found to have the antibodies will not be used for transfusion, which is commonly referred to as a deferral. Existing law authorizes a blood bank or plasma center to incorporate voluntary means of self-deferral for donors, as specified. A violation of these provisions is a crime. This bill would require a blood bank or plasma center to develop a protocol to provide information to a potential donor who is subject to a deferral, including the reason for the deferral and information relating to standards established pursuant to federal law. The bill would require the information provided under these protocols to be consistent with federal standards and medical standards of care. The bill would require the protocols to be provided to the department annually, and would require the department to review those protocols and compliance as part of the administration and enforcement of licensure. Because a violation of these provisions would be a crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.