Sec. 11. (a) The:

(1) procurement, processing, distribution, or use of:

Terms Used In Indiana Code 16-41-12-11

  • bank: has the meaning set forth in Indiana Code 16-41-12-2
  • blood: means any of the following:

    Indiana Code 16-41-12-2.5

  • blood center: includes a blood bank, a blood storage facility, a plasma center, a hospital, or other facility where blood is collected. See Indiana Code 16-41-12-3
  • Donor: The person who makes a gift.
  • hospital: has the meaning set forth in Indiana Code 16-41-12-6
  • physician: has the meaning set forth in Indiana Code 16-41-12-7
  • screening test: means a laboratory screening test or a series of tests approved by the federal Food and Drug Administration and required by the state department to be performed on blood collected under this chapter, including the following:

    Indiana Code 16-41-12-8

  • storage facility: has the meaning set forth in Indiana Code 16-41-12-9
  • surgeon: has the meaning set forth in Indiana Code 16-41-12-10
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
(A) blood;

(B) plasma;

(C) human cells, tissues, or cellular or tissue-based products; or

(D) other human tissue, such as corneas, bones, or organs;

by a bank, storage facility, or hospital; and

(2) injection, transfusion, or transplantation of any of the human tissue listed in subdivision (1) into the human body by a hospital, physician, or surgeon, whether or not any remuneration is paid;

is the rendition of a service and not the sale of a product. Such services do not give rise to an implied warranty of merchantability or fitness for a particular purpose, nor do the services give rise to strict liability in tort.

     (b) A hospital, physician, or other person is not required to perform another screening test on blood or plasma that:

(1) is provided by a blood center if the blood or plasma is labeled indicating that the blood or plasma has been tested as required under section 13(b) of this chapter; or

(2) is provided by a blood center under section 13(j) of this chapter and is labeled as required by 21 C.F.R. § 606.121(h).

     (c) An autologous blood donor may specify that the donor’s blood must be used for the donor. Blood that is donated under this section must be tested for the human immunodeficiency virus (HIV). The blood center shall reserve the donor’s blood for the purposes specified by the donor and shall label the blood accordingly.

     (d) A directed blood donor may specify that the donor’s blood is to be used for another person. The blood center shall consider the medical suitability and the wishes of the donor and recipient in making final distribution of the blood.

     (e) The blood center is subject to penalties under this chapter if the blood center knowingly fails to reserve the blood for the purposes specified by the recipient under this section or if the blood center fails to comply with subsections (c) through (d).

     (f) A blood center located outside Indiana may not distribute:

(1) blood; or

(2) plasma;

in Indiana unless the blood center has certified to the state department that the blood has undergone a screening test as required under this chapter.

[Pre-1993 Recodification Citation: 16-8-7-2.]

As added by P.L.2-1993, SEC.24. Amended by P.L.213-2013, SEC.11.

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