(a)Except as provided in subdivisions (b) and (c), it shall be unlawful, in any transfusion of blood, to use any blood that was obtained from a paid donor.
(b)Subdivision (a) shall not be applicable to any transfusion of blood that was obtained from a paid donor if the physician and surgeon performing the transfusion has determined, taking into consideration the condition of the patient who is the recipient of the transfusion, that other blood of a type compatible with the blood type of the patient cannot reasonably be obtained for the transfusion.
(c)Subdivision (a) shall not apply to blood platelets secured from
paid donors through the hemapheresis process if all of the following requirements are satisfied:
(1)The blood platelets are ordered by a doctor holding a valid Californ
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(a)
Except as provided in subdivisions (b) and (c), it shall be unlawful, in any transfusion of blood, to use any blood that was obtained from a paid donor.
(b)
Subdivision (a) shall not be applicable to any transfusion of blood that was obtained from a paid donor if the physician and surgeon performing the transfusion has determined, taking into consideration the condition of the patient who is the recipient of the transfusion, that other blood of a type compatible with the blood type of the patient cannot reasonably be obtained for the transfusion.
(c)
Subdivision (a) shall not apply to blood platelets secured from
paid donors through the hemapheresis process if all of the following requirements are satisfied:
(1)
The blood platelets are ordered by a doctor holding a valid California physician’s and surgeon’s certificate.
(2)
The blood platelets are secured from a single donor and are sufficient to constitute a complete platelet transfusion.
(3)
The donor’s identification number is recorded on the platelet label and is kept in the records of the entity providing the blood platelets for a minimum of five years.
(4)
The donor has been examined by a doctor holding a valid California physician’s and surgeon’s certificate, and a repeat donor is reexamined at least annually.
(5)
The transfusion is
performed in a general acute care hospital.
(6)
The blood platelets are processed according to standards issued by the American Association of Blood Banks, pursuant to Section 1602.1.
(7)
The donor and blood are tested in accordance with regulations issued by the State Department of Health Services.
(8)
The entity providing the blood platelets is licensed by the State Department of Health Services.
(9)
The information that the donor of the blood platelets was compensated is printed on the label in accordance with Section 1603.5.
(10)
In all instances, a potential donor shall provide a blood sample, which shall be tested with the standard panel of blood tests required by the State
Department of Health Services for all blood donations. The results of the testing shall be obtained, evaluated, and determined to be acceptable prior to allowing the potential donor to provide his or her first donation of platelets. In addition, all donors shall be required to schedule an appointment for platelet donation.
(11)
Any entity that is not collecting blood platelets from paid donors on August 1, 2000, shall obtain written permission from the director prior to compensating any donor for blood platelets.
(d)
Subdivision (c) shall become inoperative on January 1, 2003.