Chapter
101
2008 -- S 2160 SUBSTITUTE A AS AMENDED
Enacted 06/26/08
A N A C T
RELATING TO HEALTH
AND SAFETY -- UMBILICAL CORD BLOOD BANK ACT
Introduced By: Senators Blais, Paiva-Weed, McBurney, Goodwin, and Alves
Date Introduced: January 31, 2008
It is
enacted by the General Assembly as follows:
SECTION
1. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is
hereby
amended
by adding thereto the following chapter:
CHAPTER 83
THE UMBILICAL CORD BLOOD DONATION NOTIFICATION ACT
23-83-1.
Short title. – This chapter shall be known and may be cited as
"The Umbilical
Cord
Blood Donation Notification Act."
23-83-2. Definitions. – As used in this chapter, the following
terms are defined as
follows:
(1)
"Umbilical cord blood" is the blood that remains in the umbilical
cord and placenta
after
the birth of a newborn child.
(2)
"Public cord blood bank" is a bank that maintains a supply of
unrelated cord blood
units
that are philanthropically donated for transplantation or research purposes.
This bank may
also
store a limited number of units for autologous or family use when a disease
that is treatable
by
cord blood transplantation is known to exist within the donor's family.
(3)
"Private cord blood bank" is a bank that for a fee stores cord blood
units for
autologous
or family use.
(4)
"Mixed bank" is a bank that maintains a supply of unrelated cord
blood units
philanthropically
donated by transplantation or research purposes to unrelated recipients and
also
for a
fee stores cord blood for autologous use and use by family members.
(5)
"Obstetrical professional or facility" is licensed health care
providers, including, but
not
limited to, hospitals, birthing centers, health clinics, midwives,
obstetricians and other
physicians
who provide obstetrical services.
23-83-3.
Notification of option to donate umbilical cord blood. – (a) At a
time
determined
to be appropriated by the treating clinician, in consultation with the patient,
after the
first
trimester of pregnancy, and as soon as reasonably feasible, every obstetrical
professional or
facility
in the state shall inform the pregnant woman once during her pregnancy of the
following
options
relating to stem cells that are contained in her umbilical cord blood after the
delivery of
her
child:
(1)
Donate the stem cells to a public umbilical cord blood bank;
(2)
Store the stem cells at the patient's expense in a family umbilical cord blood
bank for
use
by the immediate family and extended family members;
(3)
Store the stem cells for family use through a family or sibling donor banking
program
that
provides free collection, processing and storage where there is a medical need;
or
(4)
Discard the stem cells.
(b)
A person who acts in good faith pursuant to this section is not subject to
civil or
criminal
liability or professional discipline for those acts.
(c)
Any obstetrical professional or facility receiving financial remuneration for
the
collection,
processing, or transport of umbilical cord blood shall provide written
disclosure of
this
information to the pregnant woman at the time that the notification of options
for umbilical
cord blood
collection and donation is made pursuant to section 23-83-3.
(d)
Nothing in this chapter shall be construed to require a patient to donate her
umbilical
cord
blood.
23-83-4.
No fees for donation. – A person who agrees to donate her umbilical
cord
blood
to a public cord blood bank or a mixed bank for use by the cord blood bank
shall not be
charged
any fee for the costs of collecting, processing, transporting or storing the
cord blood.
23-83-5.
Collection not required if health of mother or newborn impacted. – An
obstetrical
professional or facility is not required to collect cord blood or cooperate in
the
collection
of cord blood if in the professional judgment of a licensed obstetrical
professional the
collection
of the cord blood would threaten the health of the mother or the newborn child.
23-83-6.
Hospitals required to facilitate donations. – Unless it is medically
inadvisable,
each hospital or other obstetrical facility in the state shall cooperate with
the
collection
staff of a cord blood bank designated by a patient to facilitate the donation
of the blood
extracted
from the umbilical cord of the patient's newborn child to a cord blood bank.
SECTION
2. This act shall take effect upon passage.
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LC01016/4
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