Bill Analyses and Ratings
Bill Information: H0528 – Directed Blood Product Transfusion Rights Act
Bill Summary
House Bill 528 creates new Section 39-3704 in Idaho Code establishing patient rights regarding directed blood product transfusions. The legislation prohibits healthcare providers and facilities from preventing patients from providing their own blood or blood products from a directed donor for transfusions, provided the blood is collected through a federally-compliant blood establishment. The bill defines blood products broadly to include whole blood, plasma, derivatives, platelets, and clotting agents.
The legislation includes three specific exceptions: when the donation or transfusion would be detrimental to the donor or patient, when insufficient time exists to coordinate the blood provision prior to a scheduled procedure, or when the procedure involves emergency medical services. Healthcare providers and facilities receive immunity from liability for injuries or damages resulting from the use of patient-provided blood products, except in cases of gross negligence. The bill explicitly states that nothing in the new law conflicts with federal regulations governing blood collection, donation, sale, or use.
The legislation includes an emergency clause declaring it effective July 1, 2026, indicating the legislature views this as a matter requiring immediate implementation.
Overall Assessment
This bill receives a total score of +1, reflecting its focused impact on healthcare policy. The legislation aligns positively with health and welfare principles by expanding patient autonomy in medical decisions and supporting freedom of choice in healthcare treatments. The bill does not substantively address any other policy areas evaluated in the metrics, as it is narrowly tailored to establish specific patient rights regarding blood transfusions within the healthcare system.
Rating Breakdown
ARTICLE I. RESPONSIBILITY IN GOVERNMENT (0)
The bill establishes patient rights regarding blood transfusions but contains no provisions related to fiscal responsibility, taxation, government spending, or legislative operations. The legislation does not address budgetary matters, federal mandates, or constitutional obligations concerning government responsibility.
ARTICLE II. CITIZEN INVOLVEMENT IN GOVERNMENT (0)
The bill addresses medical procedures and patient rights in healthcare settings. It contains no provisions related to citizen participation in government, elections, voting procedures, or political engagement mechanisms.
ARTICLE III. EDUCATION (0)
The bill establishes healthcare rights regarding blood transfusions. It contains no provisions related to education at any level, parental rights in education, curriculum standards, or school choice.
ARTICLE IV. AGRICULTURE (0)
The bill addresses healthcare and blood transfusion procedures. It contains no provisions related to agriculture, farming, ranching, agricultural education, or agricultural markets.
ARTICLE V. WATER (0)
The bill addresses healthcare and blood transfusion procedures. It contains no provisions related to water rights, water management, water appropriation, or water policy.
ARTICLE VI. NATURAL RESOURCES AND ENVIRONMENT (0)
The bill addresses healthcare and blood transfusion procedures. It contains no provisions related to natural resources, environmental policy, federal lands, or resource utilization.
ARTICLE VII. ENERGY (0)
The bill addresses healthcare and blood transfusion procedures. It contains no provisions related to energy policy, energy independence, energy production, or energy resources.
ARTICLE VIII. IDAHO NATIONAL LABORATORIES (0)
The bill addresses healthcare and blood transfusion procedures. It contains no provisions related to Idaho National Laboratory, nuclear research, technology transfer, or energy technology development.
ARTICLE IX. PRIVATE PROPERTY RIGHTS (0)
The bill addresses healthcare and blood transfusion procedures involving patient rights. While it involves personal medical choices, it does not address private property rights, property development, takings, or Fifth Amendment protections.
ARTICLE X. STATE AND FEDERAL LANDS (0)
The bill addresses healthcare and blood transfusion procedures. It contains no provisions related to state or federal land management, land ownership, or jurisdictional issues.
ARTICLE XI. WILDLIFE MANAGEMENT (0)
The bill addresses healthcare and blood transfusion procedures. It contains no provisions related to wildlife management, hunting, fishing, predator control, or the Idaho Department of Fish and Game.
ARTICLE XII. ECONOMY (0)
The bill addresses healthcare and blood transfusion procedures. While it affects healthcare providers and facilities, it does not directly address commerce, industry, small business regulation, labor policy, or transportation infrastructure.
ARTICLE XIII. HEALTH AND WELFARE (1)
Section 39-3704(2) directly supports patient autonomy by stating that "a health care provider or facility may not prohibit a patient from providing...the patient's own blood or the blood product of the patient's directed donor for any potential transfusion." This provision aligns with principles supporting freedom of choice and personal responsibility in medical decisions, while maintaining a private enterprise healthcare delivery system with minimal government regulation beyond ensuring patient rights.
ARTICLE XIV. AMERICAN FAMILY (0)
The bill addresses healthcare and blood transfusion procedures for all patients. While it could involve family members as directed donors, the bill does not specifically address traditional family values, parental rights, marriage, or family structure.
ARTICLE XV. OLDER AMERICANS (0)
The bill addresses healthcare and blood transfusion procedures for all patients regardless of age. It contains no provisions specifically addressing older Americans, their employment, healthcare access, or services for seniors.
ARTICLE XVI. LAW AND ORDER WITH JUSTICE (0)
The bill addresses healthcare and blood transfusion procedures, including civil liability immunity provisions in Section 39-3704(4). It contains no provisions related to gun rights, criminal justice, drug policy, incarceration, or law enforcement.
ARTICLE XVII. NATIONAL DEFENSE – SECURING THE BORDER (0)
The bill addresses healthcare and blood transfusion procedures. It contains no provisions related to national defense, veterans, military bases, the National Guard, border security, or terrorism.
ARTICLE XVIII. ELECTION OF JUDGES AND IDAHO SUPREME COURT JUSTICES (0)
The bill addresses healthcare and blood transfusion procedures. It contains no provisions related to judicial elections, judicial selection processes, or constitutional interpretation.
ARTICLE XIX. RELIGIOUS LIBERTY (0)
The bill addresses healthcare and blood transfusion procedures. While some individuals may have religious reasons for preferring directed blood donations, the bill text does not explicitly address religious freedom, conscience clauses, or the free exercise of religion.