Marvin Mandel, Governor                        1543

41.

(h) The provisions of subsection (a) of this section do not apply
in Anne Arundel County to licenses issued under this Article for
premises operated as motel-restaurant complexes or hotel-restaurant
complexes having One Hundred (100) rooms or more.

Sec. 2. And be it further enacted, That this Act shall take effect
July 1, 1971.

Approved May 24, 1971.

CHAPTER 717
(House Bill 761)

AN ACT to add new Section 136B to Article 43 of the Annotated Code
of Maryland (1965 Replacement Volume and 1970 Supplement),
title "Health," subtitle "Practitioners of Medicine," to follow
immediately after Section 136A thereof, relating to the procure-
ment, processing, storage, distribution and/or use of blood and
blood derivatives for transfusions and designating it as a service,
and not a sale, to which PROVIDING THAT no implied warran-
ties of merchantability or fitness attach, nor to which DOES strict
tort liability applies APPLY, AS TO THE VIRUS OF SERUM
HEPATITIS.

Section 1. Be it enacted by the General Assembly of Maryland,
That new Section 136B be, and it is hereby added to Article 43
of the Annotated Code of Maryland (1965 Replacement Volume and
1970 Supplement), "Health," subtitle "Practitioners of Medicine,"
to follow immediately after Section 136A thereof, and to read as
follows:
136B.

Neither AS TO THE VIRUS OF SERUM HEPATITIS, NEITHER

strict liability in tort nor the implied warranties of merchant-
ability and fitness shall be applicable to the procurement, proc-
essing, storage, distribution, and/or use of whole blood, plasma,
blood products, and blood derivatives for the use of injecting or
transfusing the same or any of them into the human body for any
purpose whatsoever. Such procurement, processing, storage, dis-

tribution, and/or use constitutes the rendering of a service by

every person, firm, or corporation participating therein, whether

or not any remuneration is is paid therefor, and does not constitute

a sale.

Sec. 2. And be it further enacted, That this Act shall take effect
July 1, 1971.

Approved May 24, 1971.