Louisiana § RS 40:1113.2 - Blood and tissue storage facilities; test for HIV

§ RS 40:1113.2. Blood and tissue storage facilities; test for HIV

            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 R.S. 40:1299.142 by HCR 84 of 2015 R.S.