NORTH CAROLINA GENERAL ASSEMBLY

1971 SESSION

 

 

CHAPTER 836

HOUSE BILL 245

 

 

AN ACT TO DECLARE USE OF BLOOD AND OTHER TISSUES TO BE A RENDERING OF SERVICES AS OPPOSED TO A SALE OF GOODS.

 

The General Assembly of North Carolina enacts:

 

Section 1.  General Statutes Chapter 90 is hereby amended by inserting a new section, G.S. 90-220.10, to read as follows:

"§ 90-220.10.  Use of tissue declared service; standard of care; burden of proof. — The procurement, processing, distribution or use of whole blood, plasma, blood products, blood derivatives and other human tissues such as corneas, bones or organs for the purpose of injecting, transfusing or transplanting any of them into the human body is declared to be, for all purposes, the rendition of a service by every person or institution participating therein and, whether or not any remuneration is paid therefor, is declared not to be a sale of such whole blood, plasma, blood products, blood derivatives or other human tissues, for any purpose. No person or institution shall be liable in warranty, express or implied, for the procurement, processing, distribution or use of said items but nothing herein shall alter or restrict the liability of such person or institution in negligence or tort in consequence of said service."

Sec. 2.  All laws and clauses of laws in conflict with this act are hereby repealed.

Sec. 3.  This act shall be effective upon ratification.

In the General Assembly read three times and ratified, this the 12th day of July, 1971.