An Act providing for patient election for donation and use of autologous blood; providing for disclosure of vaccination status in blood transfusions and requiring informed consent; and imposing duties on the Department of Health.

PRINTER'S NO. 1086
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 957
Session of
2025
INTRODUCED BY MASTRIANO AND COLEMAN, JULY 31, 2025
REFERRED TO HEALTH AND HUMAN SERVICES, JULY 31, 2025
AN ACT
Providing for patient election for donation and use of
autologous blood; providing for disclosure of vaccination
status in blood transfusions and requiring informed consent;
and imposing duties on the Department of Health.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Blood
Transparency and Patient Rights Act.
Section 2. Legislative findings and intent.
The General Assembly finds and declares that:
(1) Patients have a fundamental right to make informed
decisions regarding their health care, including the blood
used in transfusions.
(2) Transparency regarding blood donor information,
including vaccination status, enhances patient trust and
autonomy.
(3) This act balances the need for disclosure with the
continued safety and availability of the Commonwealth's blood
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supply.
Section 3. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Autologous blood." Blood donated and stored for later
transfusion to the same individual.
"Blood provider." A licensed entity, organization or
institution that collects, stores, processes, distributes or
supplies human blood or blood components for transfusion
purposes, including, but not limited to, blood banks, blood
centers and hospital-based transfusion services.
"Directed donation." A blood donation made by a specifically
designated individual for transfusion to a named recipient.
"Informed consent." A voluntary agreement to a medical
procedure after full disclosure of relevant facts, including the
vaccination status of blood used in transfusions.
"Medical facility." A hospital, clinic, ambulatory surgical
center, outpatient care center or other health care institution
licensed by the Commonwealth to provide medical treatment,
including procedures involving blood transfusions.
"Provider." A licensed physician, nurse or other health care
professional authorized to perform or supervise medical
procedures, including the administration of blood transfusions,
within the scope of their professional practice.
"Vaccination status." The record of whether a blood donor
has received any vaccines, including, but not limited to, COVID-
19 or mRNA-based vaccines.
Section 4. Patient rights to blood selection.
(a) Right to autologous blood.--A patient may elect to
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donate and use their own blood for medical procedures, subject
to medical viability and institutional storage capabilities.
(b) Right to directed donation.--A patient may designate one
or more individuals to donate blood specifically for the
patient's use, subject to blood type compatibility and
infectious disease screening.
Section 5. Disclosure of vaccination status.
(a) Disclosure.--Upon request, a medical facility or blood
provider shall disclose to a patient the vaccination status of
any blood available for transfusion.
(b) Method of disclosure.--Vaccination status may be
disclosed by category and shall be included as part of the
patient's pretransfusion informed consent documentation.
Section 6. Informed consent requirements.
(a) Blood transfusion disclosure.--Except as provided in
subsection (b) and subject to section 504 of the act of March
20, 2002 (P.L.154, No.13), known as the Medical Care
Availability and Reduction of Error (Mcare) Act, informed
consent shall include disclosure of the vaccination status of
the blood to be used, when known, and the option to decline
transfusion based on the information.
(b) Exception.--In a life-threatening emergency where the
patient or the patient's legal representative is unable to
provide consent, licensed medical personnel may proceed with
transfusion regardless of vaccination status.
(c) Immunity.--A provider acting in good faith under
subsection (a) shall be immune from civil or criminal liability
related to the donor vaccination status of transfused blood.
Section 7. Regulations.
The Department of Health shall promulgate regulations to
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implement the provisions of this act, including procedures for:
(1) Standardized informed consent forms.
(2) Safe accommodation of directed and autologous
donations.
(3) Public education on blood transfusion options.
Section 8. Effective date.
This act shall take effect in 180 days.
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