This section sets age-based rules for who may be accepted as a blood donor, including consent requirements for some minors and older donors.
Any person seventeen (17) years of age or older, subject to the restrictions and provisions of this section, is acceptable as a blood donor; provided, that any person seventeen (17) years of age shall be accepted as a blood donor on a voluntary basis only. Any person seventeen (17) years of age may be accepted as a blood donor, if the person has had the disability of the person's minority removed, or if the person has the written consent of the person's parent or guardian; provided, that the person may be accepted as a blood donor in the absence of any removal or consent if the person is not compensated for the person's blood donation. Notwithstanding provisions of this section to the contrary, any person under sixteen (16) years of age may be accepted as a blood donor when a medical necessity exists within the person's immediate family. “Blood donation,” within the scope of this section, means the donation of whole blood or blood products, including, but not limited to, platelets, red blood cells, white blood cells, or serum. “Immediate family,” within the scope of subdivision (a)(2)(A), is confined to parents or whole or half siblings. In order to donate, any person under sixteen (16) years of age must have written consent of the person's parent or guardian and written consent of the person's personal physician dated within two (2) weeks of the date of donation. Notwithstanding any provisions of this section to the contrary, a person under sixteen (16) years of age may provide autologous blood donations. The autologous blood donations shall require the written consent of the donor's parent or guardian and the written consent of the person's personal physician dated within two (2) weeks of date of donation. “Autologous blood donation,” within the scope of this section, means the donation of a person's own blood for future use by that person. Any person sixteen (16) years of age or older, subject to the restrictions and provisions of this section, is acceptable as a blood donor; provided, that any person sixteen (16) years of age shall be accepted as a blood donor on a voluntary basis only and the person has the written consent of the person's parent or guardian. Any person of sixty-six (66) years of age or older may be accepted as a blood donor, if such person has written consent of the person's personal physician, dated within two (2) weeks of the date of donation. The written consent of the personal physician shall not be required if the person is not compensated for the blood donation. All persons, regardless of age, must meet all other criteria for acceptability of blood donors as provided in the rules, regulations and policies of the public health council [repealed].