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 forblood sodonated", as used in Article 44473,Vernon's Civil Statutes, includes non-monetary gratuities extended by ablood bank toa donor 18-21 years of Dear Dr. Peavy: age.

Your recent request for an opinion concerning the above referenced matter states, inpart, as follows:

"Asyou know, this department is charged with licensing hospitals under the 'TexasHospital Licensing Law' referred to inArticle 44473 and in such capacity respectfully requests your opinion as to the following questions: "1
. Does the language 'shallreceive no remuneration or compensation forblood sodonated', as contained inArticle 44473, include non-monetary gratuities extended by the blood bank to a donor, such as blood replacement credits (apromise to replace theblood 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 orpartially satisfied as a result of his donation of blood? "2
. Does the inclusion of the language 'shall receive no remuneration or compensation forblood sodonated' as contained inArticle 4447j prohibit the providing of any gratuity extended by the blood bank to the donor in anything other thanmoney for the donation of theblood?" Article 44473, Vernon's Civil Statutes? reads as follows:

1Acts 62nd Leg., R.S. 1971, H.B. 663, ch. 417,p. 1556. -5336-Dr. James E. Peavy, page 2 (M-1094)

"Anyperson 18years or older has the capacity to donate his blood to theAmerican Red Cross, ablood bank operating under the supervision of a licensed physician or ahospital licensed under theprovisions of the Texas Hospital Licensing Lawprovided, however, that such donee between the age of 18 and 21 shall receive no remuneration or compensation for blood sodonated." (Emphasisadded.) Your inquiry concerns only the underscored portion of this Article. Our answer toyour first question is that any donee named in thisArticle may contract with adonor between the ages of 18 and 21 forblood replacement to the donor, or for other plans or programs which serve to insure that the future blood needs of the donor will bewholly or partially satisfied as a result of his donation of blood.

We do not discern any intent by the Legislature tomake any impediment to any arrangements between adonor of blood within this age bracket and any authorized donee concerning any subsequent replacement of blood into the body of the donor or forhis own personal necessary medical usage.

Inview of our answer toyour 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 forvalue received or service rendered: remuneration." Id. at 463. Inaccord, Black's Law Dictionary, Fourth Ed., p. 354. This is the ordinary signification required tobe given to the words. Article 10,Vernon's Civil Statutes.

Theword "gratuity" as used inyour request would seem antagonistic to the ordinary meaning of thatword, if the "gratuities" are tobe considered an exchange forblood. A "gratuity," by definition, isnot "remuneration" or "compensation." A "gratuity" is "Something acquired without bargain or inducement
. . . Something given freely orwithout recompense; agift
. . .IIBlack's Law Dictionary, Fourth Ed., p. 830. Let us suppose that an eighteen year old donates apint of blood for the use and benefitof an ailing parent, and after the blood isdrawn, the hospital gives him a glass of orange juice and the other parent, or an older sibling, treats him to a steak dinner. -5337-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 dowe see any intent to deny to our eighteen year old his right to build upa reserve of blood credit forhis own use. This is analogous to depositing hismoney in abank. In either instance, hemakes his own available forhis future use.

The obvious intent of the statute is toprevent young people abusing their bodies by excessive sale of their blood. The prohibition of sale isnecessary because of lack of an objectivemeans to determine the frequency and quantity of blood drawings. Any means by which blood is sold or exchanged isprohibited by the statute. Conversely, donation of blood, forwhatever reason, isnot prohibited by the statute. There isnoprohibition against gratuities unless anominal gratuity is in reality a subterfuge to effect a sale or exchange.

We do not consider credits in ablood bank either compensation, remuneration, or gratuity. We consider them credits; just asmoney deposited inamoney bank, is a credit. A credit does not constitute an exchange or sale. Each individual may choosewhether todonate 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 todonation of blood by those between the ages of 18 and 21,prohibits neither blood bank credit nor actual gratuities. 

# Jjfi$&

General of Texas " Prepared byAustin C. Bray, Jr. Assistant Attorney General

-5338-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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