Kentucky Revised Statutes
Ky. Rev. Stat. § 139.125 (2026)
Procurement, processing or distribution of blood or human tissue deemed
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service and not sale. The procurement, processing, distribution or use of whole blood, plasma, blood products, blood derivatives and other human tissues such as corneas, bones or organs for the purpose of injecting, transfusing or transplanting any of them into the human body is declared to be, for all purposes, the rendition of a service by every person participating therein and, whether or not any remuneration is paid therefor, is declared not to be a sale of such whole blood, plasma, blood products, blood derivatives or other tissues, for any purpose, subsequent to enactment of this section. History: Created 1968 Ky. Acts ch. 85, sec. 1.
Notes of Decisions
Cited in 7
cases (1 in the last 5 years), 1973–2025 · leading case: Roberts v. Suburban Hosp. Ass'n, Inc., 532 A.2d 1081 (Md. Ct. Spec. App. 1987).
Roberts v. Suburban Hosp. Ass'n, Inc., 532 A.2d 1081 (Md. Ct. Spec. App. 1987). “§ 65-3701 (1985); Ky.Rev.Stat.Ann. § 139.125 (Baldwin 1983); La.”
Samson v. Greenville Hosp. Sys., 368 S.E.2d 665 (S.C. 1988). “§ 65-3701 (1985); Ky. Rev. Stat. Ann. § 139.125 (Baldwin 1983); La.”
McMichael v. Am. Red Cross, 532 S.W.2d 7 (Ky. Ct. App. 1975). “At the conclusion of the opening statement the court directed a verdict in favor of the defendant, relying upon KRS 139.125 which states “the procurement, processing, distribution or use of whole blood, plasma, blood products, blood derivatives and other human tissues .”
Am. Nat. Red Cross v. Asd Spec. Healthcare, 888 So. 2d 464 (Ala. 2004). “§ 65-3701 (2002); Kentucky, Ky.Rev.Stat. Ann. § 139.125 (Michie 2001); Maine, Me.”
Heirs of Fruge v. Blood Servs., 365 F. Supp. 1344 (W.D. La. 1973). “65-3701; Kentucky, KRS 139.125; Maine, 11 M.R.S.A. § 2-108; Maryland, Code 1957, art.”
Nelson v. Aziyo Biologics, Inc. (E.D. Ky. 2025). “) DCIDS has moved the Court for summary judgment on three grounds: (1) that DCIDS is entitled to immunity under Kentucky’s Anatomical Gift Act, KRS § 311.”
Revenue Cabinet v. Plasma All., Inc., 794 S.W.2d 639 (Ky. Ct. App. 1990). “) Appellant disagreed, arguing that the “blood shield statute,” KRS 139.125, applies to Plasma Alliance's activities, making the plasmapheresis process a service rather than a sale of the source plasma; accordingly, Revenue argued the taxpayer could not avail itself of the above…”
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