H05282026 Regular Session✓ Signed into law

Adds to existing law to establish provisions regarding directed blood product transfusion.

DIRECTED BLOOD PRODUCT TRANSFUSION -- Adds to existing law to establish provisions regarding directed blood product transfusion.

DIRECTED BLOOD PRODUCT TRANSFUSION

IntroducedIn CommitteeFloor VoteEnacted

STATEMENT OF PURPOSE

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The purpose of this legislation is to ensure patients in Idaho can provide their own or a directed donor's blood for transfusions via a federally compliant blood establishment, protecting patient autonomy while allowing exceptions for safety, time, or emergencies. It shields providers from liability except in cases of gross negligence, aligns with federal law, and takes effect as an emergency measure on July 1, 2026.

FISCAL NOTE

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This legislation causes no increase or decrease in revenue, or additional expenditure of funds at the state or local level of government; therefore, this legislation has no fiscal impact.

SOP revised: 02/23/2026, 10:00 AM

BILL TEXT

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LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 528 BY HEALTH AND WELFARE COMMITTEE AN ACT1 RELATING TO DIRECTED BLOOD PRODUCT TRANSFUSION; AMENDING CHAPTER 37, TITLE2 39, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 39-3704, IDAHO CODE, TO3 ESTABLISH PROVISIONS REGARDING DIRECTED BLOOD PRODUCT TRANSFUSION; AND4 DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE.5

Be It Enacted by the Legislature of the State of Idaho:6

SECTION 1. That Chapter 37, Title 39, Idaho Code, be, and the same is7 hereby amended by the addition thereto of a NEW SECTION, to be known and des-8 ignated as Section 39-3704, Idaho Code, and to read as follows:9 39-3704. DIRECTED BLOOD PRODUCT TRANSFUSION. (1) As used in this10 section, "blood product" includes whole blood, blood plasma, blood deriva-11 tives, blood platelets, and blood clotting agents.12 (2) Except as provided in subsection (3) of this section, a health care13 provider or facility may not prohibit a patient from providing, through a14 blood establishment complying with all federal requirements for the collec-15 tion of blood products, the patient's own blood or the blood product of the16 patient's directed donor for any potential transfusion related to such pa-17 tient's health care.18 (3) The provisions of subsection (2) of this section shall not apply if:19 (a) The donation or transfusion of the blood product would be detrimen-20 tal to the donor or patient;21 (b) Insufficient time exists to coordinate and arrange for the pa-22 tient's provision of the blood product prior to a surgery or medical23 procedure; or24 (c) A surgery or medical procedure is for emergency medical services.25 (4) A health care provider or facility operating within the scope of the26 health care provider or facility's license shall be immune from liability27 for injury, damages, or death occurring as a result of using the blood prod-28 uct provided by a patient pursuant to subsection (2) of this section, unless29 the health care provider or facility's gross negligence regarding the blood30 product or transfusion contributed to the injury, damages, or death.31 (5) Nothing in this section shall be construed to conflict with federal32 law governing the collection, donation, sale, or use of a blood product.33

SECTION 2. An emergency existing therefor, which emergency is hereby34 declared to exist, this act shall be in full force and effect on and after35 July 1, 2026.36