§ 63-2151.1. Donation of sperm, tissue or organ from person testing positive to human immunodeficiency virus prohibited.  


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  • No human sperm, tissue or organ shall be procured for donation purposes from any person testing positive for the human immunodeficiency virus infection.

    1.  Every donor, donor candidate or tissue or organ to be donated shall be tested for said virus infection immediately prior to the donation of sperm, or tissues or organs for transplant.  If such test has not been conducted immediately prior to the donation, then the test shall be conducted immediately prior to the implantation of the donor organ or tissue.

    2.  If the donor is living, the donor shall be notified of the test results.  Notification shall be consistent with donor confidentiality and with the requirements of state and federal law. The hospital or other facility responsible for the sperm, tissue or organ donation shall provide directly or otherwise make available appropriate information and counseling services to sperm donors and to living tissue or organ donors.

Added by Laws 1988, c. 153, § 5, eff. July 1, 1988.