§ 23-17-30 - Blood or tissue transfer services.

SECTION 23-17-30

   § 23-17-30  Blood or tissue transferservices. – (a) The procurement, processing, distribution, or use of whole blood, plasma,blood products, blood derivatives, and other human tissues such as corneas,bones, or organs for the purpose of injecting, transfusing, or transplantingany of them into the human body is declared to be, for all purposes, therendition of a service by every person participating in the rendition of thatservice and, whether or not any remuneration is paid for the service, isdeclared not to be a sale of whole blood, plasma, blood products, bloodderivatives, or other tissues, for any purpose. No health care facility,professional, or other person or organization involved in the procurement,processing, distribution, or use of whole blood, plasma, blood products, orblood derivatives for the purpose of injecting or transfusing any of them intothe human body shall be liable for damages resulting from these activitiesexcept for his or her own negligence or willful misconduct.

   (b) No hospital, nonprofit tissue bank, physician, nurse, orother medical personnel acting under the supervision and direction of aphysician involved in the procurement, processing, distribution, or use ofhuman tissues such as corneas, bones, or organs for the purpose oftransplanting any of them into the human body shall be liable for damagesresulting from those activities except for negligence or willful misconduct bythat hospital, nonprofit tissue bank, physician, nurse, or other medicalpersonnel.