Title 31, Chapter 7, Section 14
(a) When any person is admitted to a medical facility for surgical
or medical treatment which has been scheduled in advance, neither
the medical facility nor any licensed medical practitioner shall
prohibit such person from providing a blood donor or donors to
furnish blood which may be needed in such surgery or medical
treatment, provided that:
(1) The blood donation will not be detrimental to the donor or the
recipient of such blood or any of its components; and
(2) The donation is made not earlier than ten working days before
the date of the anticipated transfusion and not later than the
evening of the fourth full working day before the date of the
(b) If the person receiving surgical or other medical treatment
requires more blood than is furnished by the provided donor or
donors, then the medical facility may utilize its regular sources to
supply the necessary amount. If less blood than the amount that is
furnished by the provided donor or donors is used in the surgery or
medical treatment, then the excess blood may be retained by the
medical facility or turned over to a community blood bank.
(c) This Code section shall not apply to any emergency surgical or
(d) This Code section shall not apply to any medical facility which
does not maintain a system for the collection, processing, and
storage of blood and its component parts or to any medical facility
which allows through a community blood bank a person to provide a
blood donor or donors to furnish blood which may be needed in the
person's surgery or medical treatment.
(e) This Code section shall not apply to any person who is under the
jurisdiction of the Department of Corrections.
(f) A medical facility or licensed medical practitioner providing
health care to a person who utilizes the provisions of this Code
section shall not be liable in damages for injury or death occurring
during or as a result of the medical or surgical treatment if the
injury or death results from use of the blood supplied by the donors
selected by the patient, unless that facility or practitioner is
grossly negligent with regard to such use.
(g) A medical facility or group of medical facilities may organize
and operate short-term blood donor storage programs for the purpose
of perpetuating a group of donors of a common blood type for
emergency and planned surgical needs.