Senate Bill sb2036

    Florida Senate - 2003                                  SB 2036

    By Senator Smith





    14-1005-03                                              See HB

  1                      A bill to be entitled

  2         An act relating to the Uniform Commercial Code;

  3         amending s. 672.316, F.S.; providing that the

  4         procurement, processing, storage, distribution,

  5         or use of blood shall be considered a medical

  6         service; providing an effective date.

  7  

  8  Be It Enacted by the Legislature of the State of Florida:

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10         Section 1.  Subsection (5) of section 672.316, Florida

11  Statutes, is amended to read:

12         672.316  Exclusion or modification of warranties.--

13         (5)  The procurement, processing, storage,

14  distribution, or use of whole blood, plasma, blood products,

15  and blood derivatives for the purpose of injecting or

16  transfusing the same, or any of them, into the human body for

17  any purpose whatsoever is declared to be the rendering of a

18  medical service by any person participating therein and does

19  not constitute a sale, whether or not any consideration is

20  given therefor; and the implied warranties of merchantability

21  and fitness for a particular purpose are not applicable as to

22  a defect that cannot be detected or removed by a reasonable

23  use of scientific procedures or techniques.

24         Section 2.  This act shall take effect upon becoming a

25  law.

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CODING: Words stricken are deletions; words underlined are additions.