EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1456*
HOUSE BILL 1456
J1, J3 5lr2003
By: Delegate Metzgar
Introduced and read first time: February 7, 2025
Assigned to: Health and Government Operations
A BILL ENTITLED
AN ACT concerning 1
Hospitals and Tissue Banks – Autologous and Directed Blood Donations – 2
Requirements 3
FOR the purpose of requiring a tissue bank that facilitates autologous or directed blood 4
donations to comply with a physician’s order prescribing an autologous or directed 5
blood donation; authorizing a tissue bank to charge a certain fee for facilitating an 6
autologous or directed blood donation; requiring a hospital to allow an individual to 7
provide an autologous or directed blood donation under certain circumstances; and 8
generally relating to autologous and directed blood donations. 9
BY repealing and reenacting, with amendments, 10
Article – Health – General 11
Section 17–301 12
Annotated Code of Maryland 13
(2023 Replacement Volume and 2024 Supplement) 14
BY adding to 15
Article – Health – General 16
Section 17–315, 19–301(d–1) and (d–2), and 19–310(c) 17
Annotated Code of Maryland 18
(2023 Replacement Volume and 2024 Supplement) 19
BY repealing and reenacting, without amendments, 20
Article – Health – General 21
Section 19–301(a) and 19–310(b) 22
Annotated Code of Maryland 23
(2023 Replacement Volume and 2024 Supplement) 24
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 25
That the Laws of Maryland read as follows: 26
2 HOUSE BILL 1456
Article – Health – General 1
17–301. 2
(a) In this subtitle the following words have the meanings indicated. 3
(B) “AUTOLOGOUS BLOOD DONA TION” MEANS A BLOOD DONATI ON 4
COLLECTED FROM THE PATIENT FOR USE BY THE PATIENT DURING OR AFTER A 5
MEDICAL PROCEDURE . 6
(C) “DIRECTED BLOOD DONATI ON” MEANS A BLOOD DONATION COLLE CTED 7
FROM AN INDIVIDUAL OTHER THAN THE PATIE NT WHO IS IDENTIFIED BY THE 8
PATIENT, FOR USE BY THE PATIENT DURING OR AF TER A MEDICAL PROCEDURE . 9
[(b)] (D) “Permit” means a permit issued by the Secretary: 10
(1) To operate a tissue bank in this State; or 11
(2) To represent or service in this State a tissue bank that is outside this 12
State. 13
[(c)] (E) (1) “Tissue bank” means an establishment that obtains, stores, 14
processes, distributes, or sells human blood or other human tissue for use in the human 15
body. 16
(2) “Tissue bank” includes a blood bank. 17
17–315. 18
(A) A TISSUE BANK THAT FAC ILITATES AUTOLOGOUS OR DIRECTED BLOOD 19
DONATIONS SHALL COMP LY WITH A PHYSICIAN ’S ORDER PRESCRIBING FOR AN 20
INDIVIDUAL AN AUTOLO GOUS OR DIRECTED BLO OD DONATION . 21
(B) A TISSUE BANK MAY CHAR GE A FEE IN AN AMOUN T THAT IS REASONABLE 22
AND NECESSARY TO COV ER THE ADMINISTRATIV E COST TO THE TISSUE BANK OF 23
FACILITATING AN AUTO LOGOUS OR DIRECT ED BLOOD DONATION ORDER ED BY A 24
PHYSICIAN. 25
19–301. 26
(a) In this subtitle the following words have the meanings indicated. 27
(D–1) “AUTOLOGOUS BLOOD DONA TION” MEANS A BLOOD DONATI ON 28
COLLECTED FROM THE PATIENT FOR USE BY T HE PATIENT DURING OR AFTER A 29
MEDICAL PROCEDURE . 30 HOUSE BILL 1456 3
(D–2) “DIRECTED BLOOD DONATI ON” MEANS A BLOOD DONATI ON COLLECTED 1
FROM AN INDIVIDUAL OTHER THAN THE PATIE NT WHO IS IDENTIFIED BY THE 2
PATIENT, FOR USE BY THE PATIE NT DURING OR AFTER A MEDICAL PROCEDURE . 3
19–310. 4
(b) (1) Subject to paragraph (2) of this subsection and notwithstanding any 5
other provision of law, a hospital offering bone marrow transplant services shall allow an 6
individual to donate bone marrow to any individual. 7
(2) An individual may donate bone marrow to another individual if a 8
licensed physician determines, based on the physician’s medical judgment, that the 9
donation of the bone marrow is in the best interests of the donee and there is no substantial 10
risk of medical injury to the donor. 11
(C) NOTWITHSTANDING ANY O THER PROVISION OF LA W, A HOSPITAL SHALL 12
ALLOW AN INDIVIDUAL RECEIVING A MEDICAL PROCEDURE TO PROVIDE AN 13
AUTOLOGOUS OR DIRECT ED BLOOD DONATION OR DERED BY A PHYSICIAN FOR THE 14
MEDICAL PROCEDURE IF THE HOSPITAL FACILIT ATES BLOOD DONATIONS . 15
SECTION 2. AND BE IT FURTHER ENACTED, Th at this Act shall take effect 16
October 1, 2025. 17