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H 400

DIRECTED BLOOD PRODUCT TRANSFUSION – Adds to existing law to establish provisions regarding directed blood product transfusion.

68th Legislature, 1st Regular Session (2025)

Allows patients to use their own or a directed donor’s blood for transfusions if collected from a compliant establishment, with provider liability protection.

Reported Printed and Referred to Health & Welfare
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Bill Summary · H 400

Summary: Idaho H 400 — Directed Blood Product Transfusion

Overview

  • Bill Number: H 400
  • Title: Directed Blood Product Transfusion
  • Purpose: Allow patients to provide their own blood or a directed donor’s blood for transfusions through a federally compliant blood establishment, preserving patient autonomy while permitting safety/time/emergency exceptions. Provides liability protection for health care providers, aligns with federal law, and establishes an emergency effective date.
  • Status: Reported Printed and Referred to Health & Welfare
  • Introduced: March 12, 2025
  • Effective date: July 1, 2025 (emergency provision)

What the bill does

  • Adds a new section to Idaho Code: 39-3704, within Chapter 37, Title 39.
  • Defines “blood product” to include whole blood, blood plasma, blood derivatives, platelets, and blood clotting agents.
  • Core requirement (with limited exceptions): Except as allowed by subsection (3), health care providers and facilities may not prohibit a patient from providing their own blood or the blood product of a directed donor, so long as the blood product is collected by a blood establishment that complies with all federal requirements.
  • Exceptions (subsection 3): The prohibitions do not apply if:
    • The donation or transfusion would be detrimental to the donor or patient.
    • There is insufficient time to coordinate and arrange the patient’s provision of the blood product prior to a planned procedure.
    • The procedure is for emergency medical services.
  • Liability protection (subsection 4): Health care providers or facilities operating within their licensed scope are immune from liability for injury, damages, or death arising from using the patient-provided blood product, unless gross negligence by the provider contributed to the injury, damages, or death.
  • Federal law alignment (subsection 5): Nothing in the section is to be construed as conflicting with federal law governing collection, donation, sale, or use of blood products.

Who is affected

  • Patients: Granted greater autonomy to use their own or a directed donor’s blood for transfusions.
  • Directed donors: Affected by new pathway to have their donated blood used in transfusions when collected via a compliant establishment.
  • Health care providers and facilities: Provided liability protection when using patient/directed donor blood; must comply with new requirements unless an exception applies.

Procedural and timeline details

  • Emergency declaration: The act declares an emergency and becomes effective July 1, 2025.
  • Legislative history:
    • Introduced: March 12, 2025
    • March 12, 2025: Read first time; referred to JRA for Printing
    • March 13, 2025: Reported Printed and Referred to Health & Welfare

Fiscal impact

  • Fiscal Note: No net expenditure or revenue impact for state or local government; no fiscal impact anticipated.

Key takeaways

  • The bill codifies patient-directed blood product transfusion within Idaho law, permitting a patient to use their own or a directed donor’s blood if obtained from a compliant blood establishment.
  • Provides liability immunity for providers, with exceptions for gross negligence.
  • Balances patient autonomy with safety and federal regulatory compliance; establishes an emergency effective date of July 1, 2025.

Compiled from official sources — confirm details with the bill’s official record.

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