[HVA 37]\u2003Donation of blood37\u2003
(1)\u2003Where any person takes, or proposes to take, blood, organs or tissues from a person for the purpose of it being used, if suitable, for transfusion or for the derivation of a blood product that may be used for transfusion, or transplant to another person all the following provisions apply\u2014
(a)the person from whom the blood, organs or tissues is to be taken shall receive the written information required to be given under section 27(2);
(b)the blood shall not be taken unless the donor has, not more than 12 hours previously, signed a declaration in an approved form that includes the consent or otherwise of the donor to being informed of any positive result of an HIV or any other conditions transmissible by blood test;
(c)as soon as practicable after taking the blood, the authorised supplier shall cause an approved testing procedure that provides for screening tests and confirmatory tests as appropriate to be carried out in relation to the blood, organs or tissues;
(d)where the results of a screening test carried out in relation to blood indicate the presence of HIV/AIDS or other conditions transmissible by blood, tissues or organ transplant the authorised supplier shall cause the screening test to be repeated;
(e)if the repeated screening test also indicates the presence of HIV the authorised supplier shall\u2014
(i)dispose of the blood and any blood product derived from the blood in a manner approved by the Permanent Secretary;
(ii)where the donor has consented to being informed of a positive result, if the positive result of the repeated screening test relates to HIV, cause confirmatory testing to be conducted in accordance with section 30 and, where that confirmatory test confirms the presence of HIV, ensure that the donor is contacted and an appointment with an appropriate health professional arranged so that the test result can be given to the donor in circumstances where the donor is provided with post-test counselling in accordance with section 27(3)(b);
(f)Where the screening tests do not indicate the presence of HIV, or another disease transmitted by blood, organs or tissues, the authorised supplier may, in an approved manner, certify that the blood is free from such infection except to the extent that the window period cannot be provided for in relation to HIV.
(2)\u2003Where an authorised supplier, in accordance with approved procedures, derives a blood product from material each portion of which is certified blood or a certified blood product, the authorised supplier may, in an approved manner, certify that the blood product is free from HIV or another disease transmitted by blood, organs or tissues, except to the extent that the window period cannot be provided for in relation to HIV.
(3)\u2003Where an authorised supplier has reasonable cause to suspect that blood or a blood product supplied by the authorised supplier may be contaminated by HIV or another disease transmitted by blood, organs or tissues, the authorised supplier shall take all reasonable steps to ensure that the blood or blood product is not used for the purpose of transfusion or for the derivation of a blood product, organs or tissues, that may be used for transfusion.