Indiana § 16-41-12-11 - Implied warranties; strict liability; screening tests; specification of blood use; distributions by foreign blood centers

§ 16-41-12-11. Implied warranties; strict liability; screening tests; specification of blood use; distributions by foreign blood centers

Sec. 11. (a) The:

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

(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 CFR 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.