California Health and Safety Code 1603.1 – (a) Except as provided in this subdivision, no blood or blood …
(a) Except as provided in this subdivision, no blood or blood components shall be used in vivo for humans in this state, unless the blood or blood components have been tested and found nonreactive for HIV or the blood or blood components are used for research or vaccination programs pursuant to an informed consent.
Additional exceptions to the requirement of this subdivision are as follows:
Terms Used In California Health and Safety Code 1603.1
- AIDS: as used in this chapter , means acquired immune deficiency syndrome. See California Health and Safety Code 1603.1
- Blood components: as used in this chapter , means preparations separated from single units of whole blood or prepared for hemapheresis and intended for use as final products for transfusions. See California Health and Safety Code 1603.1
- department: means State Department of Health Services. See California Health and Safety Code 20
- Donor: The person who makes a gift.
- HIV: as used in this chapter , means human immunodeficiency virus. See California Health and Safety Code 1603.1
- Person: means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. See California Health and Safety Code 19
- Plasma center: as used in this chapter , means any place where the process of plasmapheresis is conducted, as defined in Section 1025 of Title 17 of the California Code of Regulations and includes a place where leukopheresis or platelet pheresis, or both, is conducted. See California Health and Safety Code 1603.1
- State: means the State of California, unless applied to the different parts of the United States. See California Health and Safety Code 23
(1) Blood or blood components released for transfusion in emergency circumstances, as determined by the department.
(2) Blood or blood components used for autologous purposes.
(b) Blood banks and plasma centers shall make laboratory tests of all human whole blood and blood components received to detect the presence of viral hepatitis and HIV in the manner specified in Section 1603.3. If the blood bank or plasma center finds the presence of viral hepatitis, or an antigen thereof, in the blood or blood components tested, it shall report that finding, the date of the human whole blood or blood components donation, the name, address, and social security number of the person who donated the blood or blood components, and the name and address of the blood bank or plasma center that received the human whole blood or blood components from the person and any additional information required by the department, to the local health officer within 72 hours of the confirmation of the presence of viral hepatitis, or an antigen thereof, in the blood or blood components tested.
(c) A physician, hospital, or other health care provider shall report all AIDS cases, HIV infections, and viral hepatitis infections, including transfusion-associated cases or infections, to the local health officer with the information required, and within the timeframes established by the department, pursuant to Title 17 of the California Code of Regulations.
(d) Upon receipt of a report concerning any transfusion-associated hepatitis or transfusion-associated HIV or AIDS cases, the local health officer shall identify which blood bank or plasma center is the source of the infectious blood or blood components and shall report this fact to the blood bank or plasma center that issued the blood or blood components. The blood bank or plasma center shall undertake an investigation to determine the donor source of the infectious blood or blood components.
(e) Local health officials shall contact all persons who have confirmed cases of AIDS, as determined by a person responsible for the care and treatment of the person with AIDS, to suggest appropriate treatment alternatives and for the purposes of epidemiological studies and followup.
(f) The department may adopt regulations governing the procedures in this section as it deems necessary to protect the public health and safety.
(g) “Plasma center,” as used in this chapter, means any place where the process of plasmapheresis is conducted, as defined in Section 1025 of Title 17 of the California Code of Regulations and includes a place where leukopheresis or platelet pheresis, or both, is conducted.
(h) “AIDS,” as used in this chapter, means acquired immune deficiency syndrome.
(i) “HIV,” as used in this chapter, means human immunodeficiency virus.
(j) “Blood components,” as used in this chapter, means preparations separated from single units of whole blood or prepared for hemapheresis and intended for use as final products for transfusions.
(k) A local health officer may disclose to a blood bank or plasma center, on a confidential basis, whether blood or blood components previously transfused may have been donated by a person infected with HIV, in order to implement the blood bank’s or plasma center’s program to notify a recipient of blood or blood components that might have transmitted HIV. The blood bank or plasma center may not disclose information that would identify a donor to which this subdivision applies and shall destroy information communicated to it as authorized by this subdivision immediately after reviewing its records as necessary to implement this program.
(Amended by Stats. 2003, Ch. 419, Sec. 1. Effective January 1, 2004.)