Section 1603.1 Of Article 2. Human Whole Blood And Human Whole Blood Derivatives From California Health And Safety Code >> Division 2. >> Chapter 4. >> Article 2.
1603.1
. (a) Except as provided in this subdivision, no blood or
blood components shall be used in vivo for humans in this state,
unless the blood or blood components have been tested and found
nonreactive for HIV or the blood or blood components are used for
research or vaccination programs pursuant to an informed consent.
Additional exceptions to the requirement of this subdivision are
as follows:
(1) Blood or blood components released for transfusion in
emergency circumstances, as determined by the department.
(2) Blood or blood components used for autologous purposes.
(b) Blood banks and plasma centers shall make laboratory tests of
all human whole blood and blood components received to detect the
presence of viral hepatitis and HIV in the manner specified in
Section 1603.3. If the blood bank or plasma center finds the presence
of viral hepatitis, or an antigen thereof, in the blood or blood
components tested, it shall report that finding, the date of the
human whole blood or blood components donation, the name, address,
and social security number of the person who donated the blood or
blood components, and the name and address of the blood bank or
plasma center that received the human whole blood or blood components
from the person and any additional information required by the
department, to the local health officer within 72 hours of the
confirmation of the presence of viral hepatitis, or an antigen
thereof, in the blood or blood components tested.
(c) A physician, hospital, or other health care provider shall
report all AIDS cases, HIV infections, and viral hepatitis
infections, including transfusion-associated cases or infections, to
the local health officer with the information required, and within
the timeframes established by the department, pursuant to Title 17 of
the California Code of Regulations.
(d) Upon receipt of a report concerning any transfusion-associated
hepatitis or transfusion-associated HIV or AIDS cases, the local
health officer shall identify which blood bank or plasma center is
the source of the infectious blood or blood components and shall
report this fact to the blood bank or plasma center that issued the
blood or blood components. The blood bank or plasma center shall
undertake an investigation to determine the donor source of the
infectious blood or blood components.
(e) Local health officials shall contact all persons who have
confirmed cases of AIDS, as determined by a person responsible for
the care and treatment of the person with AIDS, to suggest
appropriate treatment alternatives and for the purposes of
epidemiological studies and followup.
(f) The department may adopt regulations governing the procedures
in this section as it deems necessary to protect the public health
and safety.
(g) "Plasma center," as used in this chapter, means any place
where the process of plasmapheresis is conducted, as defined in
Section 1025 of Title 17 of the California Code of Regulations and
includes a place where leukopheresis or platelet pheresis, or both,
is conducted.
(h) "AIDS," as used in this chapter, means acquired immune
deficiency syndrome.
(i) "HIV," as used in this chapter, means human immunodeficiency
virus.
(j) "Blood components," as used in this chapter, means
preparations separated from single units of whole blood or prepared
for hemapheresis and intended for use as final products for
transfusions.
(k) A local health officer may disclose to a blood bank or plasma
center, on a confidential basis, whether blood or blood components
previously transfused may have been donated by a person infected with
HIV, in order to implement the blood bank's or plasma center's
program to notify a recipient of blood or blood components that might
have transmitted HIV. The blood bank or plasma center may not
disclose information that would identify a donor to which this
subdivision applies and shall destroy information communicated to it
as authorized by this subdivision immediately after reviewing its
records as necessary to implement this program.