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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
HOUSE BILL 3833 By: May
AS INTRODUCED
An Act relating to blood autologous; creating the
Oklahoma Autologous and Directed Blood Donation Act;
defining terms; providing for physician orders;
directing hospital responsibilities; establishing
blood bank responsibilities; providing for
administrative fees; establishing liability
protections; directing for the promulgation of rules
by the State Department of Health; providing for
noncodification; providing for codification; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
This act shall be known and may be cited as the "Oklahoma
Autologous and Directed Blood Donation Act".
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2160 of Title 63, unless there
is created a duplication in numbering, reads as follows:
As used in this act:
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1. "Autologous donation" means a blood donation made by a
patient for his or her own future use for a planned medical
procedure;
2. "Blood bank" or "blood establishment" means an entity
licensed, accredited, or registered to collect, process, store, or
distribute human blood or blood components;
3. "Directed donation" means a blood donation made by an
individual specifically designated for use by a named patient,
provided donor eligibility requirements are met;
4. "Hospital" means any facility licensed pursuant to Title 63
of the Oklahoma Statutes that provides medical, surgical, or
emergency services; and
5. "Physician" means a doctor of medicine or doctor of
osteopathic medicine licensed by the State Board of Medical
Licensure and Supervision pursuant to Section 491 of Title 59 of the
Oklahoma Statutes or the State Board of Osteopathic Examiners
pursuant to Section 622 of Title 59 of the Oklahoma Statutes.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2160.1 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A hospital or blood bank shall comply with a physician's written
order for a patient to use autologous or directed blood donations
for a scheduled medical procedure, provided:
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1. The donor meets all standard eligibility and safety
requirements established by federal and state regulations;
2. The request is made at least seventy two (72) hours in
advance of the scheduled procedure, or within another reasonable
timeframe established by the State Department of Health by rule, to
allow routine processing and testing; and
3. The correct type and amount of autologous or directed unit
is available at the time of transfusion.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2160.2 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A hospital shall:
1. Permit the use of autologous or directed blood donations for
a patient when ordered by the patient's physician;
2. Coordinate with the blood bank or blood establishment to
ensure proper labeling, storage, and timely availability; and
3. Not restrict or deny the use of autologous or directed
donations solely due to internal policy or preference when physician
orders and donor eligibility criteria are satisfied.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2160.3 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A blood bank or blood establishment shall:
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1. Collect, process, store, and make available autologous or
directed blood donations in accordance with applicable federal and
state standards;
2. Comply with any physician's order for such donations
pursuant to Section 4 of this act; and
3. Ensure proper chain-of-custody, tracking, and labeling to
maintain the integrity of autologous or directed units.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2160.4 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A hospital or blood bank may charge reasonable and necessary
administrative fees associated with the special handling,
collection, processing, storage, or coordination of autologous or
directed blood donations. These fees shall be:
1. Consistent with fees customarily charged for similar
services; and
2. When practicable, disclosed to the patient in advance.
SECTION 7. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2160.5 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A hospital or blood bank is not liable for the unavailability of
a requested autologous or directed unit if:
1. The donor fails eligibility screening;
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2. The donation is determined unsuitable based on standard
safety testing;
3. The unit is not available due to expiration or other routine
storage limitations; or
4. Circumstances beyond the control of the facility prevent
delivery.
SECTION 8. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2160.6 of Title 63, unless there
is created a duplication in numbering, reads as follows:
The State Department of Health shall promulgate rules necessary
to implement this act within one hundred eighty (180) days of the
effective date, provided that such rules:
1. Shall not impose requirements beyond existing federal blood-
handling standards; and
2. Shall consult with hospitals, blood establishments,
physicians, and other relevant stakeholders.
SECTION 9. This act shall become effective November 1, 2026.
60-2-14073 TJ 01/13/26