Terms Used In Louisiana Revised Statutes 40:1113.2

  • Decedent: A deceased person.
  • Donor: The person who makes a gift.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Health care provider: means a person, partnership, corporation, facility, or institution licensed by the state or federal government to provide health care or professional services as a physician, osteopath, hospital, blood bank or tissue bank and/or an officer, employee, or agent thereof acting in the course and scope of his employment. See Louisiana Revised Statutes 40:1113.1
  • HIV test: means a laboratory test approved by the Louisiana Department of Health to detect antibodies to the human immunodeficiency virus. See Louisiana Revised Statutes 40:1113.1
  • Patient: means a natural person who receives health care from a health care provider. See Louisiana Revised Statutes 40:1113.1
  • person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
  • positive reaction: means a positive HIV test with a positive confirmatory test, including, but not limited to the western blot. See Louisiana Revised Statutes 40:1113.1

            A. A blood bank, tissue bank, or other blood or tissue storage facility shall perform an HIV test on the blood or tissue of all donors or cause such test to be performed. A blood or tissue storage facility shall not accept a blood or tissue donation from a donor whose HIV test results in a positive reaction unless:

            (1) The secondary, corroborative HIV test provides evidence that the first HIV test was a false positive reaction.

            (2) The blood, tissue, or a product of the blood of the donor will only be used for research purposes.

            B. The results of the tests performed pursuant to this Section shall be released only to:

            (1) The subject of the test;

            (2) The subject’s or patient‘s treating physician;

            (3) A health care provider who procures, processes, distributes, or uses an anatomical gift for the sole purpose of ascertaining the medical acceptability of the anatomical gift;

            (4) The coroner, funeral director, or other person who examines or prepares the body of a decedent for burial or other disposition; or

            (5) The office of public health of the Louisiana Department of Health for the restricted purpose of controlling the spread of communicable diseases as authorized by Title 36 and Title 40 of the Louisiana Revised Statutes and by the Louisiana State Sanitary Code.

            Acts 1987, No. 234, §1; Acts 2010, No. 129, §1, eff. June 8, 2010; Redesignated from La. Rev. Stat. 40:1299.142 by HCR 84 of 2015 R.S.

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