Indiana Code 16-41-12-15. Donor information; informed consent
(1) Name.
Terms Used In Indiana Code 16-41-12-15
- 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
- confirmatory test: means a laboratory test or a series of tests approved by the state department and used in conjunction with a screening test to confirm or refute the results of the screening test for the human immunodeficiency virus (HIV) antigen or antibodies to the human immunodeficiency virus (HIV). See Indiana Code 16-41-12-4
- Donor: The person who makes a gift.
- 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
(3) Date of birth.
(4) The blood donor’s Social Security number, if the blood donor is receiving monetary compensation for the donation.
(b) A blood center shall report the name and address of a blood donor to the state department when a confirmatory test of the blood donor’s blood confirms the presence of antibodies to the human immunodeficiency virus (HIV).
(c) A blood center shall provide to a blood donor information to enable the blood donor to give informed consent to the procedures required by this chapter or IC 16-36. The information required by this subsection must be in the following form:
NOTICE
(1) This blood center performs a screening test for the human immunodeficiency virus (HIV) on every donor’s blood.
(2) This blood center reports to the Indiana Department of Health the name and address of a blood donor when a confirmatory test of the blood donor’s blood confirms the presence of antibodies to the human immunodeficiency virus (HIV).
(3) A person who recklessly, knowingly, or intentionally donates (excluding self-donations for stem cell transplantation, other autologous donations, or donations not intended by the blood center for distribution or use), sells, or transfers blood that contains antibodies for the human immunodeficiency virus (HIV) commits a criminal offense as described in IC 35-45-21-1.
[Pre-1993 Recodification Citation: 16-8-7-6.]
As added by P.L.2-1993, SEC.24. Amended by P.L.59-2012, SEC.2; P.L.213-2013, SEC.14; P.L.158-2013, SEC.243; P.L.168-2014, SEC.31; P.L.133-2020, SEC.1; P.L.56-2023, SEC.159.