March 13. 1972 

Hon. James E. Peavy, M.D. 

Commissioner of Health 

Opinion NO. M-1094 

Texas State Department of Health Re: Whether the phrase "shall 

Austin, Texas 78756 receive no remuneration 

or compensation for blood 

so donated", as used in 

Article 44473, Vernon's 

Civil Statutes, includes 

non-monetary gratuities 

extended by a blood bank 

to a donor 18-21 years of 

Dear Dr. Peavy: age. 

Your recent request for an opinion concerning the above 

referenced matter states, in part, as follows: 

"As you know, this department is charged 

with licensing hospitals under the 'Texas Hospital 

Licensing Law' referred to in Article 44473 and 

in such capacity respectfully requests your opinion 

as to the following questions: 

"1 . Does the language 'shall receive no 

remuneration or compensation for blood so donated', 

as contained in Article 44473, include non-monetary gratuities extended by the blood bank to a 

donor, such as blood replacement credits (a promise 

to replace the blood donated by that donor when the 

need arises) or other plans or programs which serve 

to insure that the future blood needs of the donor 

will be wholly or partially satisfied as a result 

of his donation of blood? 

"2 . Does the inclusion of the language 'shall 

receive no remuneration or compensation for blood 

so donated' as contained in Article 4447j prohibit 

the providing of any gratuity extended by the blood 

bank to the donor in anything other than money for 

the donation of the blood?" 

Article 44473, Vernon's Civil Statutes? reads as follows: 

1 

Acts 62nd Leg., R.S. 1971, H.B. 663, ch. 417, p. 1556. 

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Dr. James E. Peavy, page 2 (M-1094) 

"Any person 18 years or older has the 

capacity to donate his blood to the American 

Red Cross, a blood bank operating under the 

supervision of a licensed physician or a hospital 

licensed under the provisions of the Texas 

Hospital Licensing Law provided, however, that 

such donee between the age of 18 and 21 shall 

receive no remuneration or compensation for 

blood so donated." (Emphasis added.) 

Your inquiry concerns only the underscored portion of this 

Article. 

Our answer to your first question is that any donee 

named in this Article may contract with a donor between the ages 

of 18 and 21 for blood replacement to the donor, or for other 

plans or programs which serve to insure that the future blood 

needs of the donor will be wholly or partially satisfied as a 

result of his donation of blood. 

We do not discern any intent by the Legislature to make 

any impediment to any arrangements between a donor of blood 

within this age bracket and any authorized donee concerning any 

subsequent replacement of blood into the body of the donor or 

for his own personal necessary medical usage. 

In view of our answer to your first question we refrain 

from answering your second question. 

"Remuneration" has been defined as follows: "something 

that remunerates: recompense, pay." Webster's Third New International Dictionary (Rev.Ed. 1966) 1921. "Compensation" has been 

defined thusly: "payment for value received or service rendered: 

remuneration." Id. at 463. In accord, Black's Law Dictionary, 

Fourth Ed., p. 354. This is the ordinary signification required 

to be given to the words. Article 10, Vernon's Civil Statutes. 

The word "gratuity" as used in your request would 

seem antagonistic to the ordinary meaning of that word, if the 

"gratuities" are to be considered an exchange for blood. A 

"gratuity," by definition, is not "remuneration" or "compensation." A "gratuity" is "Something acquired without bargain or 

inducement . . . Something given freely or without recompense; 

a gift . . .II Black's Law Dictionary, Fourth Ed., p. 830. Let 

us suppose that an eighteen year old donates a pint of blood 

for the use and benefitof an ailing parent, and after the blood 

is drawn, the hospital gives him a glass of orange juice and the 

other parent, or an older sibling, treats him to a steak dinner. 

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Dr. James E. Peavy, page ,3 ,(M-1094) 

We cannot perceive any legislative intent to deny to this eighteen 

year old either the orange juice or the steak. Nor do we see any 

intent to deny to our eighteen year old his right to build up a 

reserve of blood credit for his own use. This is analogous to 

depositing his money in a bank. In either instance, he makes 

his own available for his future use. 

The obvious intent of the statute is to prevent young 

people abusing their bodies by excessive sale of their blood. 

The prohibition of sale is necessary because of lack of an objective means to determine the frequency and quantity of blood 

drawings. Any means by which blood is sold or exchanged is prohibited by the statute. Conversely, donation of blood, for whatever reason, is not prohibited by the statute. There is no prohibition against gratuities unless a nominal gratuity is in 

reality a subterfuge to effect a sale or exchange. 

We do not consider credits in a blood bank either 

compensation, remuneration, or gratuity. We consider them credits; 

just as money deposited in a money bank, is a credit. A credit 

does not constitute an exchange or sale. Each individual may 

choose whether to donate or deposit for credit. In either event, 

the choice of terminology does not create compensation, remuneration, or gratuity. 

The statute prohibits neither blood bank credits, nor 

actual gratuities. 

SUMMARY 

Article 44473, Vernon's Civil Statutes, in 

relation to donation of blood by those between the 

ages of 18 and 21, prohibits neither blood bank credit 

nor actual gratuities. 

Jjfi$& 

General of Texas 

Prepared by Austin C. Bray, Jr. " 

Assistant Attorney General 

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Dr. James E. Peavy, page 4 (M-1094) 

APPROVED: 

OPINION COMMITTEE 

Kerns Taylor, Chairman 

W. E. Allen, Co-Chairman 

Mike Stork 

Mel Corley 

James Maxwell 

Ben Harrison 

SAMUEL D. MCDANIEL 

Staff Legal Assistant 

ALFRED WALKER 

Executive Assistant 

NOLA WHITE 

First Assistant 

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