89th Legislature Regular Session

SB 125

Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
SB 125 seeks to enhance patient autonomy and medical choice in Texas by amending the Health and Safety Code to explicitly permit autologous and direct blood donations in healthcare settings. The bill introduces new sections to Chapters 162 and 241, requiring both blood banks and licensed hospitals to comply with a physician’s order when a patient opts to provide their own blood (autologous donation) or receive blood from a specified donor (direct donation) in advance of a medical procedure.

Specifically, Section 162.021 mandates that blood banks facilitating these types of donations must honor a physician’s prescription for them. Section 241.013 further obligates licensed hospitals to allow such donations when prescribed, thereby ensuring that hospitals cannot deny a patient's request to use their own or a directed donor’s blood during surgery or other medical treatments.

This legislative proposal reinforces an individual’s right to bodily autonomy and medical self-determination, ensuring that personal health decisions involving blood transfusions are respected by healthcare institutions. By codifying these protections, SB 125 closes any potential gaps that might allow healthcare providers to override patient and physician preferences in these contexts.

The originally filed version of SB 125 focused solely on amending Chapter 241 of the Texas Health and Safety Code to require licensed hospitals to allow autologous or direct blood donations. It specified that individuals undergoing medical procedures must notify the hospital at least 72 hours in advance of their intent to provide such donations. For direct donations, the individual also needed to submit a list of eligible donors to the hospital. The bill emphasized a procedural requirement for timely notification and donor list submission.

In contrast, the Committee Substitute for SB 125 significantly expands the scope of the legislation. It not only retains and refines the hospital-related provision but also adds a new section to Chapter 162 of the Health and Safety Code. This new section requires blood banks to comply with a physician’s order for autologous or direct blood donations. The hospital provision is likewise reframed to mandate that hospitals must allow these donations when prescribed by a physician, removing the previously proposed 72-hour notification requirement and donor list provision. Instead of focusing on patient-initiated procedures, the substitute version strengthens the authority of physician directives in facilitating such donations.

Overall, the Committee Substitute moves from a patient-driven, procedural model to a physician-directed, rights-based framework. This enhances legal clarity and enforceability, ensuring that both hospitals and blood banks comply with physician-ordered blood donation plans, regardless of timing or patient-provided documentation.
Author
Bob Hall
Angela Paxton
Co-Author
Bryan Hughes
Kevin Sparks
Sponsor
Joanne Shofner
Co-Sponsor
Mike Olcott
Fiscal Notes

According to the Legislative Budget Board (LBB), SB 125 is not expected to have a significant fiscal impact on the state. The bill's implementation—mandating compliance by blood banks and hospitals with physician-ordered autologous or direct blood donations—can be managed using existing resources. No new funding, staffing, or administrative infrastructure is anticipated to be necessary for state agencies, including the Health and Human Services Commission, which oversees related healthcare operations.

Likewise, the bill poses no significant fiscal implications for local governments. Hospitals and blood banks affected by the bill are already engaged in transfusion-related services, and any procedural changes required—such as aligning operations with physician orders—are expected to be operationally feasible without incurring additional costs.

In essence, the legislation is seen as clarifying and reinforcing existing medical practices rather than creating new service demands or regulatory burdens, making it fiscally neutral for both state and local levels of government.

Vote Recommendation Notes

SB 125 represents a liberty-forward health policy reform that secures patient autonomy and reinforces physician-directed care. The bill ensures that both blood banks and hospitals must comply with a physician's order for autologous or directed blood donations, enabling patients to use their own blood or receive donations from specific individuals for upcoming medical procedures. This change comes in response to growing concerns that hospitals have increasingly denied such requests, even when backed by a physician’s order and despite the long-established safety and legality of such practices.

The bill analysis highlights a key public interest motivation: Patients with rare blood disorders or transfusion-dependent conditions often require precisely matched or fresher blood for optimal outcomes. By codifying the right to autologous and direct donations when ordered by a doctor, the legislation empowers patients with life-threatening conditions to actively participate in securing the best quality of care. This legislative shift addresses a growing administrative barrier in modern healthcare without introducing unnecessary new regulatory burdens or costs.

From a liberty-principled standpoint, SB 125 promotes Individual Liberty by affirming patients' rights over their own medical decisions. It supports Personal Responsibility by enabling individuals to plan their care, particularly in elective or chronic settings. The bill steers clear of expanding government power, aligning with Limited Government, and respects the physician-patient relationship, a core tenet of medical freedom as emphasized by both conservative and libertarian perspectives. Given the negligible fiscal impact and broad platform alignment, Texas Policy Research recommends that lawmakers vote YES on SB 125.

View Bill Text and Status