Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 400 (2025GS)

Sponsor

Rep. Chevrier, Kristen

Final action

House/ filed 3/7/2025

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• except in certain situations, disallows a health care facility or provider from prohibiting a patient from providing the patient's own blood product or the blood product of the patient's directed donor for any potential transfusion related to the patient's health care; and
• provides immunity from liability to health care providers and facilities for a patient's injury, damages, or death occurring in connection with a transfusion of blood product provided by the patient.

Every vote on this bill

Bill text

7
26B-7-408.5
Blood Transfusion Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Kristen Chevrier
Senate Sponsor: 
LONG TITLE
General Description:
This bill addresses blood transfusions.
Highlighted Provisions:
This bill:
except in certain situations, disallows a health care facility or provider from prohibiting a 
patient from providing the patient's own blood product, or the blood product of the 
patient's provided donor, to be used for a transfusion for the patient's scheduled surgery 
or medical procedure;
prescribes the allowable uses of unused blood product that was donated by a patient or a 
patient's provided donor; and
shields health care facilities and providers from liability for injury, damages, or death to a 
patient occurring as a result of the use of the patient's own blood product or the blood 
product of the patient's provided donor.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
26B-7-408.5
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
26B-7-408.5
 is enacted to read:
26B-7-408.5. Directed blood donation.
(1)
(a)
Except as provided in Subsection 
(1)(b)
, a health care facility at which a patient is 
scheduled in advance for a surgery or medical procedure, or the health care provider 
performing the surgery or medical procedure, may not prohibit the patient from 
providing the patient's own blood product, or the blood product of a selected donor 
provided by the patient, to be used for any transfusion that may be necessary for the 
surgery or medical procedure if:
(i)
there is sufficient time prior to the surgery or medical procedure to allow the 
patient to provide the patient's or the selected donor's blood product, without 
threatening the health of the patient or the donor; and
(ii)
the donation is made no less than three days before, but not more than 10 days 
before, the day on which the surgery or medical procedure occurs.
(b)
Subsection 
(1)(a)
 does not apply if:
(i)
the donation or transfusion would be detrimental to the donor or patient; or
(ii)
the surgery or medical procedure is for emergency medical services.
(2)
A health care facility in possession of blood product provided under Subsection 
(1)(a)
but unused for the intended patient, may:
(a)
use the blood product for any lawful medical purpose;
(b)
donate the blood product to a community blood product bank; or
(c)
incinerate and destroy the blood product.
(3)
A health care facility or licensed medical provider, acting within the facility's or 
provider's license and lawful scope of practice, is not liable to the patient under 
Subsection 
(1)(a)
 for injury, damages, or death occurring as a result of using blood 
product provided under Subsection 
(1)(a)
, unless the facility's or provider's gross 
negligence regarding the blood product or transfusion contributed to the injury, 
damages, or death.
(4)
Nothing in this section shall be construed to conflict with federal law governing the 
collection, donation, sale, or use of a blood product.
Section 2. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
2-3-25 4:31 PM