Idaho Statutes Title 39. Health and Safety § 39-3704. Directed blood product transfusion

(1) As used in this section, “blood product” includes whole blood, blood plasma, blood derivatives, blood platelets, and blood clotting agents.

(2) Except as provided in subsection (3) of this section, a health care provider or facility may not prohibit a patient from providing, through a blood establishment complying with all federal requirements for the collection of blood products, the patient's own blood or the blood product of the patient's directed donor for any potential transfusion related to such patient's health care.

(3) The provisions of subsection (2) of this section shall not apply if:

(4) A health care provider or facility operating within the scope of the health care provider or facility's license shall be immune from liability for injury, damages, or death occurring as a result of using the blood product provided by a patient pursuant to subsection (2) of this section, unless the health care provider or facility's gross negligence regarding the blood product or transfusion contributed to the injury, damages, or death.

(5) Nothing in this section shall be construed to conflict with federal law governing the collection, donation, sale, or use of a blood product.