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1-9-74
ORDINANCE NO,
AN ORDINANCE ESTABLISHING THE CITY OF
MIAMI COMMERCIAL BLOOD DONORS BOARD;
DECLARING THE FUNCTION OF SAID BOARD
TO INSURE THAT PERSONS WHO ENGAGE IN
THE SALE, BARTER OR EXCHANGE OF BLOOD
OR SOURCE PLASMA (HUMAN) WITHIN THE
CITY OF MIAMI BE A QUALIFIED DONOR AND
OBTAIN A PERMIT BEFORE ENGAGING IN THE
BUSINESS OF COMMERCIAL BLOOD DONATING;
ESTABLISHING PROCEDURES FOR OBTAINING
SAID PERMIT; REQUIRING A PHYSICAL EX-
AMINATION BY AN INDEPENDENT PHYSICIAN,
LICENSED TO PRACTISE MEDICINE IN THE
STATE OF FLORIDA; ESTABLISHING FEES FOR
THE PROCESSING OF APPLICATIONS FOR COM-
MERCIAL BLOOD DONORS' PERMITS AND FOR THE
ISSUANCE OF SUCH PERMITS; ESTABLISHING
PROCEDURES TO BE FOLLOWED BY THE BOARD
AND BY PERSONS OR FIRMS ENGAGING THE
SERVICES OF COMMERCIAL BLOOD DONORS;
ESTABLISHING RECORDS TO BE MAINTAINED BY
THE CITY OF MIAMI COMMERCIAL BLOOD DONORS
BOARD AND BY FIRMS EMPLOYING THE SERVICES
OF COMMERCIAL BLOOD DONORS; PROVIDING
THAT VIOLATIONS OF THIS ORDINANCE SHALL BE
A MISDEMEANOR; AND PROVIDING PENALTIES FOR
VIOLATIONS; CONTAINING A SEVERABILITY CLAUSE;
WHEREAS, information coming to the attention of the
Commission of the City of Miami has indicated that a hazard to
the health and welfare to the citizens of the City of Miami is
in existence by reason of the manner in which certain commercial
blood donor facilities are being operated; and
WHEREAS, it is apparent that a major contributing cause
to the existence of the hazard to the health and welfare of the
citizens of the City of Miami is the absence of an agency and pro-
cedures to control the qualification of donors and the frequency
of donation of human blood and participation in the process
known as plasmapheresis; and
WHEREAS, it is apparent that there is a need for
the establishment of an independent agency for the identi-
fication and control of the business of the sale, barter and
exchange of human blood, or participation in the process known
as plasmapheresis.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF
THE CITY OF MIAMI, FLORIDA:
Section 1. The sale, barter, exchange of whole blood
or plasma (human) within the City of Miami, is declared to be
a business. For the purpose of this Ordinance, the donation
of an equal amount of whole blood or source plasma (human) by a
donor intended to replace an equal amount of whole blood or
source plasma (human) used in the treatment of a specific
individual, shall not be deemed to be an exchange.
Section 2. A Board to be known as the City of Miami
Commercial Blood Donors Board is hereby established. The function
of said Board is to ensure that every person who shall sell,
barter, or exchange, or offer to sell, barter or exchange whole
blood or source plasma (human) within the City of Miami, shall
be qualified to be a donor as hereinafter provided.
Section 3. The Board hereby created, is an examining
and licensing Board. It shall consist of 3 members
appointed by The City Commission of the City of Miami. The Board
may use the services of such clerical or administrative personnel
as shall be necessary to discharge its duties. Such personnel
shall be employees of the City of Miami.
Section 4. Each person desiring to engage in the
business of commercial blood donor through the sale, barter, or
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a
exchange of that person's blood, or any component thereof, shall
first secure a permit from the City of Miami Commercial Blood
Donor Board. The Board is authorized to issue a City of Miami
Commercial Blood Donor Permit, provided the applicant has complied
with the following requirements:
1. The applicant shall file an application with the
Board on a form to be provided by the Board, which shall contain
such information concerning the applicant as the Board deems
necessary in order to meet the requirements established herein.
2. The applicant shall provide to the Board, evidence
that he has, within the next preceding ten days, been examined
by an independent physician licensed to practice medicine in
the State of Florida, who is not employed, engaged, or in any
way associated with a Commercial Blood Gathering Facility, and
that physician has determined that the prospective commercial
blood donor is in good health and qualified to be a donor of
whole blood, or participant in the procedure known as Plasma-
pheresis.
3. The certification of good health shall be in a
form supplied by the Board, which shall contain specific state-
ments that the donor is in good health, as indicated in part by:
(1) Normal temperature;
(2) Systolic and diastolic blood pressure within
normal limits, unless the examining physician
is satisfied that the individual examined is
qualified to be a donor, notwithstanding the
abnormal blood pressure;
(3) A blood hemoglobin level of no less than 12.5
grams of hemoglobin per 100 milliliters of blood;
(4) A normal pulse rate;
(5) A total serum protein of no less than 6.0 grams per
100 milliliters of serum;
(6) Weight, which shall be at least 110 pounds;
(7) Freedom from acute or chronic respiratory diseases;
(8) Freedom from any infectious skin disease at the
site of phlebotomy and from any such disease
generalized to such an extent as to create a
risk of contamination of the plasma;
(9) Freedom from any disease, other than malaria,
transmissible by blood transfusion insofar as
can be determined by history and examinations
indicated in this section;
(10) The absence from the skin of the applicant of
skin puncture or scars indicative of addiction
to self -injected narcotics;
(11) Freedom from a history of viral hepatitis;
(12) Freedom from a history of close contact within
six months of donation with an individual having
viral hepatitis.
Section 5. Any donor, who in the opinion of the ex-
amining physician appears to be under the influence of any drug
or alcohol, or who in the opinion of the examining physician,
is addicted to the use of any drug, or who for any reason does
not appear to be providing reliable answers to questions con-
cerning his medical history, shall not be considered a suitable
donor.
Section 6. As a part of the physical examination,
a sample of blood shall be drawn from each applicant. The blood
sample shall be subjected to a serologic test for syphilis
and a serum protein electropheresis. If the plasma protein
composition is not within limits specified above, or if the
serologic test for syphilis shall be reactive, the applicant
shall not be considered a suitable donor.
Section 7. Each such permit shall be valid for a
period of
0..o
days. Permits shall be renewable there-
after for additional periods of %2.0 days, upon the condition
that the applicant tender the fee thereafter prescribed and
provide evidence in the form of a certificate, as specified in
Section 3, Paragraph 3, of this Ordinance that he is in good
health.
Section 8. The Commercial Blood Donors Board shall
assess each blood donor a fee of $25.00 for processing the
application for a commercial blood donor's permit. An additional
fee for the issuance of the commercial blood donor's permit shall
be $5.00. The fee for the renewal of blood donor's permits shall
be $5.00.
Section 9. In the event of the loss or theft of such
a permit, a duplicate permit may be issued by the Commercial
Blood Donor's Board, if the holder of such permit files a sworn
statement with the Board on a form provided by the Board, stating
that the permit has been lost or stolen, provided that the
person applying for a duplicate permit adequately identifies
himself or herself as a permit holder. Each duplicate permit
shall have the word "Duplicate" stamped across the face thereof
and shall bear the same number as the permit in lieu of which
it was issued. Each City of Miami Commercial Blood Donor Permit
issued by the Board, shall be serially numbered and bear
the name, address, social security number, a color photograph,
and the imprint of the thumb and each finger of the right hand
of the qualified applicant. The permit shall be displayed to
and examined by an employee or Agent of any person or firm
engaging the services of the qualified donor, prior to with-
drawing any blood from the qualified donor.
Section 10. The Board shall maintain suitable records
from which it shall be able to determine quickly the date and
the place wherein any qualified donor shall have had blood
drawn from the donor's body at any place within the City of
Miami. The Board shall cause an office to be maintained and
open for business daily - Monday through Friday between the
hours of 8:00 A.M. and 5:00 P.M. The office shall contain
sufficient telephone equipment and be manned by sufficient
personnel to provide the services specified below.
Section 11. No person or firm, be it an individual
proprietorship, partnership, or corporation, shall purchase,
barter, or exchange anything of value for human blood or any
component thereof within the City of Miami, without first
complying with the following procedures:
Section 12. The donor shall be required to display
a current valid City of Miami Commercial Blood Donor's permit
bearing his or her color photograph and the, imprint of the
thumb and each finger of the right hand of the qualified applicant
to the person or firm proposing to draw blood from the donor.
The person or firm shall, prior to the withdrawal of any blood
from the commercial donor, contact the City of Miami Commercial
Blood Donor Board, at a telephone number to be supplied by the
Board, and ascertain that said donor is currently qualified to
be a commercial donor and has not donated blood in excess of
the amounts listed below within the times indicated.
(1) The amount ofwhole blood, not including anti-
coagulant, removed from a donor during a plasmapheresis procedure,
or in any 48-hour period shall not exceed 1,000 milliliters unless
the donor's weight is 175 pounds or greater, in which case the
amount of whole blood, not including anticoagulant removed from
the donor during a plasmapheresis procedure, or in any 48-hour
period shall not exceed 1,200 milliliters.
(2) The amount of whole blood, not including anti-
coagulant, removed from a donor within a seven-day period shall
not exceed 2,000 milliliters, unless the donor's weight is 175
pounds or greater, in which case the amount of whole blood, not
including anticoagulant, removed from the donor during a seven-
day period shall not exceed 2,400 milliliters.
(3) No more than 500 milliliters of whole blood shall
be removed from a donor at one time unless the donor's weight
is 175 pounds or greater, in which case no more than 600 milli-
liters of whole blood shall be removed from the donor at one
time.
Section 13.
No amount of blood or component thereof shall be removed
from any donor at any time when said donor. shall be under the
influence of any drug or alcoholic beverage. The provisions of
this Section are applicable equally to any donor and any person
who may withdraw or supervise the withdrawal of blood from any
donor. Prior to withdrawing blood from any donor, each facility
shall administer a test which shall affirmatively demonstrate
that the alcoholic content of the prospective donor's blood is
not greater than .10%. Such testing shall be conducted, utiliz-
ing a breathalizer machine, screening device, or laboratory
techniques which will reliably determine blood alcohol content.
6
Section 14. Each firm engaged in the process of
withdrawing blood within the City of Miami, from commercial
donors for any purpose included, but not limited to plasma-
pheresis, shall not later than the loth day of each month pay
to the City of Miami Commercial Blood Donor Board a monthly
fee which shall be calculated by multiplying the number of
commercial donors from whom blood was withdrawn within the
City limits of the City of Miami during the preceding calendar
month times one dollar. The calculation of the first such
monthly fee shall be based on the sworn statement of - the
proprietor, a partner, or officer of the Corporation, which-
ever is applicable, stating the number of donors from whom
blood was obtained by purchase or exchange, as herein defined
during the preceding calendar month.
Section 15. Each person or firm engaged in the
business of withdrawing blood from commercial donors shall
maintain records which will indicate the total amount of blood
withdrawn at any time, the donor identified by name, serial
number from the commercial blood donor's permit and social
security number, the date and time blood was withdrawn, and
the amount. Such record shall be open for inspection by an
Agent of the City of Miami Commercial Blood Donor's Board at
any time, and shall be examined at least once each calendar
month.
Section 16. The violation of any provision of this
Ordinance is hereby declared to be a misdemeanor.
Section 17. Any person who violates any provision
of this Chapter shall, upon plea of guilty or conviction thereof,
8
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be punished by a fine of not more than $500.00, or imprisoned
at hard labor on the streets or other works of the City, for
not more than sixty days, or shall be both fined and imprisoned
in the discretion of the Court. Each day's failure to comply
with any such provision of this Chapter shall constitute a
separate offense.
Section 18. If any section, sentence, clause, phrase,
or word of this Ordinance is for any reason held or declared to
be unconstitutional inoperative or void, such holding or in-
validity shall not affect the remaining portions of this
Ordinance, and it shall be construed to have been the intent
of the Commission of the City of Miami to pass this Ordinance
without such unconstitutional, invalid, or inoperative part
therein; and the remainder of this Ordinance after the exclusion
of such part or parts shall be deemed and held to be valid, as
if such parts had not been included therein.
PASSED ON FIRST READING BY TITLE ONLY THIS 01?
day ofa;s0e&-'7i oedge , 1973.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE
ONLY this %6 day of 1/4,1019#090 '4
PREPARED AND APPROVED BY:
f I! I' ( P Jr)
r
FRANK H. WESTON
ASSISTANT CITY ATTORNEY
, 1974.
>> -
.-;�lct�'t.c c' X)
APPROVED AS TO FORM AND CORRECTNESS:.
MAYOR
- r
1OI1N S. iiF,ryta - OTmv r►n;h1dIti' i Y
MIAM1 REV11~W •
AND DAILY RECORD
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida
STATE OF FLORIDA
COUNTY OF DADS
Before the undersigned authority personally sp-
peered Martha Drobnie, who on oath says that she
Is the V.P., Legal Ads of the Miami Review and
Deily Record, a daily (except Saturday, Sunday and
Legal Holidays) newspaper published at Miami in
Dade CountyFlorida; that the attached copy of adver-
tisement, being a Legal Advertisement or Notice In
the matter of
City of Miami, Florida
Re:
Adoption of Ordinance No. 8224
In the XXX Court,
was published in said newspaper in the issues of
January 16, 1974
Affiant further says that the said Miami Review
and Daily Record Is a newspaper publishes at Miami,
in psaid Dade County, Florida, and that the said news -
said Dade County. Floriida, each (elxceptbSaturday
Sunday and Legal Holidays) and has been entered as
second class mail matter at the post office in Miami,
in said Dade County. Florida, for a period of one year
next preceding the first publication of the attached
copy of advertisement; and affiant further says that
she has neither paid nor promised arty person, firm
or corporation any discount, rebate, commission or
refund for the purpose of securing this advertisement
for publication in the said newspaper.
Sworn to and subscribed before me this
16 thday bf
'Marjorie T. Smith
Notary Public, State of Florida at Large.
(SEAL)
My Commission expires.., September'1, 1977.
January A.D. I9 74
•
r1T! OF MIAMI.
Bahl: COUNTY, FLORIDA
LEGAi, NOTICE
All intere-t,t will take not:ce
that en ti e 10th day of January,
1914 -the -Commisston of .the City
of Ft..rida adopted fin
ordinance entitled —
AN ORDINANCE ESTAB-
LISHING THE CITY OF
MIAMI COMMERCIAL
FLOOD DONORS BOARD;
DECLARING THE FUNC-
TION OF SAID BOARD TO
INSURE THAT PERSONS
WHO F.NGAGE IN THE
SALE. BARTER. OR EX-
CIIANGE OF BLOOD OR
SOURCE PLASMA (HU-
M .\N 1 WITHIN THE CITY
t`F MIAMI BE A QUALI-
FIED DONOR AND OBTAIN
A PERMIT BEFORE EN-
GAGING IN THE BUSI-
NESS OF COMMERCIAL
FLOOD DONATING: ES-
TABLIMING PROCF:D-
URES FOR OBTAINING
SAID PERMIT: REQUIR-
INi; .\ PHYSICAL EX-
A?iINATION BY AN IN-
DEPENDENT PHYSICIAN.
I.ICENSED TO PRACTISE
MEDICINE IN THE STATE
CF FLORIDA: E TABLiSH-
INC; FEES FOR TTIE
PROCESSING CF APPLICA-
TIONS FO11 COMMERC:IAi.
DONOR:' PE R-
1c1:1-3 AND FOR THE IS-
SUANCE ANCE CF SUCH PER-
M ITS: ESTABI *SITING
PROCFDURF_i3 TO BE FOL-
LOWED BY THE EOARD
"ND BY PERSGNS OR
FIRMS ENGAGING THE
SF.RVI. FS CF CoMUER-
C'IAL BLOOD DONORS: Ed--•-
TABLI$HIXG RECORDS TO
BI: MAINTAINED BY THE
CITY OF I1AMI COM-
MERCIAL PLOOD DONORS
BOARD AND BY FIRMS
EMPLOYING; THE SERV-
ICES OF COMMERCIAL
BLOOD DONORS: PROVID-
ING THAT VIOLATIONS
(F THIS ORDINANCE
SHALL BE A MISDE-
MEANOR: AND PROVI•D-
ING PENALTIES FOR
VIOLATIONS: CONTAIN-
ING A SEVERABILITY I
CLAUSE:
• which is designated Ordinance'
No. 82^1.
H.D. SOUTHERN
CITY CLFPIK
CITY OF MIAMI,
FLORIDA
Publication of thte not;ce on
the 16th day of January. 1974.
Ad No. 0150ii