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

Indiana Statutes

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

Indiana·Title 16 HEALTH·Art. 41 PUBLIC HEALTH MEASURES FOR THE·Ch. 12 Communicable Disease: Precautionary Measures for

(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 t

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(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.]

Indiana § 16-41-12-11 (Implied warranties; strict liability; screening tests; specification of blood use; distributions by foreign blood centers) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.