HLS 10RS-647 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2010
HOUSE BILL NO. 312
BY REPRESENTATIVE SMILEY
HEALTH: Allows minors at least 16 years of age to donate blood with parental consent
AN ACT1
To amend and reenact R.S. 40:1097, relative to the donation of blood by certain minors; to2
provide for the criteria that must be met in order for certain minors to donate blood;3
to provide for consent; to provide restrictions upon compensation for blood donation4
by certain minors; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 40:1097 is hereby amended and reenacted to read as follows: 7
ยง1097. Donation of blood 8
A. Notwithstanding any other provision of the laws of the state of Louisiana,9
a minor who has reached the age of seventeen years may give consent to the10
donation of his or her blood and to the penetration of tissue necessary to accomplish11
such donation, but such minor shall not be compensated therefor. Such consent shall12
not be subject to deferments because of minority, and the consent of the parents or13
guardian of such a minor shall not be required in order to authorize such donation14
and penetration of tissue. if either of the following criteria is satisfied:15
(1) The minor has reached the age of sixteen years and the written consent16
of the parents, legal guardian, or person who has legal authority to consent on behalf17
of the minor has been obtained.18 HLS 10RS-647 ORIGINAL
HB NO. 312
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(2) The minor has reached the age of seventeen years. The consent of the1
parents or guardian of a minor who has reached the age of seventeen years shall not2
be required.3
B. No minor shall be compensated for the donation of his blood.4
C. Consent which is obtained pursuant to this Section shall not be subject to5
deferments because of minority.6
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Smiley HB No. 312
Abstract: Allows minors of at least 16 years of age to donate blood with the consent of a
parent or legal guardian.
Present law provides that a minor of at least 17 years of age may donate blood without the
consent of a parent or legal guardian.
Proposed law retains present law and adds an allowance for minors of at least 16 years of
age to donate blood with the consent of a parent or legal guardian.
Proposed law prohibits minors from receiving compensation for the donation of their blood.
Proposed law provides that consent pursuant to proposed law shall not be subject to the
deferments because of minority.
(Amends R.S. 40:1097)