BILL ANALYSIS

S.B. 125

By: Hall

Public Health

Committee Report (Unamended)

BACKGROUND AND PURPOSE

While autologous and directed donor blood donations have been available and utilized for decades in the health care system, the bill sponsor has informed the committee that it has become increasingly difficult to ensure that a blood recipient's desire to receive "known donor" status blood is achieved. Autologous blood donations, where individuals provide their own blood, is a practice that equally deserves more protection. Frequently, hospitals and clinics refuse to facilitate this basic patient right at point of service despite the fact that a patient's doctor writes the order for the autologous or directed donor donation and the fact that blood donated in these circumstances is legal, and safe, with a long history of prior use. Additionally, the bill sponsor has further informed the committee that, although rare, there are certain blood disorders that lead to death unless the person gets regular blood transfusions. For these individuals, it is imperative that they receive blood that is the closest match and not at the end of its shelf life in order to have the best long-term results and highest quality of life possible. S.B. 125 seeks to safeguard this practice and ensure patients can access this life-saving treatment, in empowering them to participate in the decision of what blood is being used, if they so desire. S.B. 125 does so by requiring blood centers that facilitate blood donations to comply with a physician-ordered autologous or direct blood donation and hospitals that facilitate blood donations to allow a patient to provide a physician-ordered donation.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

S.B. 125 amends the Health and Safety Code to require a blood bank to comply with a physician's order prescribing for an individual an autologous or direct blood donation. The bill authorizes a blood bank to charge a fee in an amount reasonable and necessary to cover the administrative cost to the blood bank of facilitating such an autologous or direct blood donation ordered by a physician.

S.B. 125 requires a licensed hospital that facilitates blood donations to allow an individual on whom a medical procedure is to be performed to provide an autologous or direct blood donation a physician orders for the procedure.

EFFECTIVE DATE

September 1, 2025.