Florida Senate - 2026                                    SB 1534
       
       
        
       By Senator Pizzo
       
       
       
       
       
       37-01625-26                                           20261534__
    1                        A bill to be entitled                      
    2         An act relating to patient-directed blood donations;
    3         amending s. 381.0601, F.S.; providing a short title;
    4         defining terms; requiring blood banks to comply with a
    5         licensed physician’s order for an autologous or
    6         directed blood donation for a named patient, subject
    7         to certain conditions; requiring hospitals that
    8         facilitate blood donations or contract with blood
    9         banks to allow patients to provide autologous or
   10         directed donations under certain circumstances;
   11         authorizing blood banks and hospitals to charge a
   12         reasonable and necessary fee to cover administrative
   13         costs; providing requirements for the fee structure;
   14         providing construction; requiring that all autologous
   15         and directed donations be collected, tested, stored,
   16         and transfused in accordance with certain laws and
   17         standards; requiring that a unit of blood or blood
   18         component collected for an autologous or directed
   19         donation for a specific patient be reserved for that
   20         patient; providing exceptions; providing for the
   21         reversion of a reserved unit of blood or blood
   22         component to general inventory to be used for other
   23         patients under certain circumstances; authorizing the
   24         use of a reserved unit of blood or blood component in
   25         certain emergency circumstances; authorizing the
   26         Department of Health to adopt rules; providing an
   27         effective date.
   28          
   29  Be It Enacted by the Legislature of the State of Florida:
   30  
   31         Section 1. Section 381.0601, Florida Statutes, is amended
   32  to read:
   33         (Substantial rewording of section. See
   34         s. 381.0601, F.S., for present text.)
   35         381.0601 Patient-directed blood donations.—
   36         (1)SHORT TITLE.This section may be cited as the “Patient
   37  Directed Blood Donation Act.”
   38         (2)DEFINITIONS.As used in this section, the term:
   39         (a)“Autologous donation” means the collection and storage
   40  of blood or blood components from an individual for transfusion
   41  back to the same individual.
   42         (b)“Blood bank” means any entity licensed under state or
   43  federal law to collect, process, store, or distribute human
   44  blood or blood components.
   45         (c)“Directed donation” means the collection and storage of
   46  blood or blood components from a specific donor for transfusion
   47  to a specifically identified patient, ordered by a licensed
   48  physician.
   49         (d)“Hospital” has the same meaning as in s. 395.002.
   50         (3)COMPLIANCE WITH PHYSICIAN ORDERS; DUTIES OF BLOOD BANKS
   51  AND HOSPITALS.
   52         (a)A blood bank shall comply with a licensed physician’s
   53  order for an autologous or directed blood donation for a named
   54  patient, subject to applicable medical suitability criteria and
   55  the availability of services at that facility.
   56         (b)A hospital that facilitates blood donations or
   57  contracts with a blood bank shall allow a patient who is
   58  scheduled for a medical procedure to provide autologous or
   59  directed donations if ordered by the patient’s licensed
   60  physician, to the extent that such donations are medically
   61  appropriate and logistically feasible.
   62         (4)ADMINISTRATIVE FEES.
   63         (a)A blood bank or hospital may charge a fee that is
   64  reasonable and necessary to cover the administrative costs of
   65  facilitating autologous and directed donations, including
   66  collection, processing, testing, storage, and distribution.
   67         (b)Fees authorized under this subsection may not be
   68  structured in a manner that unreasonably deters medically
   69  appropriate autologous or directed donations as ordered by a
   70  licensed physician.
   71         (5)SAFETY AND REGULATORY COMPLIANCE.—This section does not
   72  alter or diminish any requirement under federal or state law
   73  regarding donor eligibility, screening, testing, labeling,
   74  storage, recordkeeping, or compatibility of blood and blood
   75  components, including requirements of the United States Food and
   76  Drug Administration and applicable accreditation standards. All
   77  autologous and directed donations must be collected, tested,
   78  stored, and transfused in accordance with such laws and
   79  standards.
   80         (6)REVERSION TO GENERAL INVENTORY; EMERGENCY EXCEPTION.
   81         (a)A unit of blood or blood component collected as an
   82  autologous or directed donation for a specific patient must be
   83  reserved for that patient, consistent with medical and
   84  regulatory requirements, until one of the following occurs:
   85         1.The patient no longer requires the unit; or
   86         2.The unit is no longer medically appropriate for
   87  transfusion to that patient.
   88         (b)When a reserved unit is no longer needed or medically
   89  appropriate for the designated patient, and remains suitable for
   90  transfusion, the unit may revert to general inventory and be
   91  used for other patients in accordance with applicable laws and
   92  standards.
   93         (c)In a documented emergency in which an immediate
   94  transfusion is necessary to prevent serious harm or death and no
   95  suitable alternative unit is available, a reserved unit may be
   96  released for emergency use in another patient, consistent with
   97  federal and state requirements and hospital policies.
   98         (7)RULEMAKING.The Department of Health may adopt rules to
   99  implement this section, including to provide guidance on
  100  reasonable and necessary fees and any reporting or documentation
  101  needed to demonstrate compliance with this section.
  102         Section 2. This act shall take effect July 1, 2026.