2013 -- H 6095

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO HEALTH AND SAFETY -- ADEQUACY OF THE BLOOD SUPPLY IN

RHODE ISLAND

     Introduced By: Representatives McNamara, Malik, Lima, and Shekarchi

     Date Introduced: May 09, 2013

     Referred To: House Health, Education & Welfare

It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 23-4.5 of the General Laws entitled "Blood Bank Services" is

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hereby amended by adding thereto the following section:

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     23-4.5-2. Blood banks regulated. – (a) No person or entity may collect blood, blood

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products, plasma or blood derivatives in the state of Rhode Island for transfusion unless it:

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     (1) Is licensed as a hospital in the state of Rhode Island; or

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     (2)(i) Is licensed as a clinical laboratory as defined in sections 23-16.2 and 23-16.2-4; and

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(ii) Maintains a facility in the state of Rhode Island for the collection, processing and

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testing of blood, blood products, plasma or blood derivatives, such testing to include all tests

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required by the food and drug administration regarding testing of donated blood.

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     (b) The director of the Rhode Island department of health shall have the power to issue

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regulations implementing this section, including the enforcement hereof. Whether or not

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regulations have been issued, no license may be issued or renewed under subsection (a) hereof

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except in accordance with the requirements of this chapter.

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     (c) No person or entity licensed as described in subsection (a) hereof may authorize any

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third party not so licensed to collect blood or blood products on its behalf in the state of Rhode

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Island, except that those entities as described in subsection (a) may temporarily authorize a

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qualified third party to collect blood on their behalf should the licensed entity be unable to collect

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blood to meet emergency needs.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO HEALTH AND SAFETY -- ADEQUACY OF THE BLOOD SUPPLY IN

RHODE ISLAND

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     This act would assume the continued quality and supply of blood and blood products in

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Rhode Island and the cost-effectiveness of the blood supply system in this state by requiring that

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any entity collecting blood within Rhode Island is predominantly committed to supplying blood

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to hospitals within this state, and operates a testing facility in this state. Although intended to be

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immediately effective without need for regulation, the act would also authorize enforcement by

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the department of health, and would assure that no unregulated entity engages in blood collection.

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     This act would take effect upon passage.

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LC02512

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