Provides for the donation of umbilical cord blood for stem cell collection, preservation and storage for public or private use; requires physicians to inform pregnant patients of options prior to onset of labor; requires department to conduct public awareness campaign, and compile and maintain quality ratings on blood banks; requires collection by permit-holding blood collector; violators face criminal sanctions, including fines and imprisonment.
STATE OF NEW YORK
________________________________________________________________________
2915--B
2007-2008 Regular Sessions
IN ASSEMBLY
January 19, 2007
___________
Introduced by M. of A. LENTOL, AUBERTINE, DelMONTE, LIFTON, DINOWITZ,
MAGNARELLI, CALHOUN -- Multi-Sponsored by -- M. of A. BACALLES, COLE,
CONTE, QUINN, RAIA -- read once and referred to the Committee on
Health -- reported and referred to the Committee on Rules -- Rules
Committee discharged, bill amended, ordered reprinted as amended and
recommitted to the Committee on Rules -- amended by restoring to
previous print -- again reported from said committee with amendments,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the public health law, in relation to promotion of
public and private umbilical cord blood banking
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The public health law is amended by adding a new article
2 43-C to read as follows:
3 ARTICLE 43-C
4 PUBLIC AND PRIVATE UMBILICAL CORD BLOOD BANKING
5 Section 4371. Public and private umbilical cord blood banking program.
6 § 4371. Public and private umbilical cord blood banking program. 1.
7 The public and private cord blood banking program is hereby established
8 within the department to promote public awareness of the potential bene-
9 fits of public or private cord blood banking, to promote research into
10 the uses of cord blood, and to facilitate pre-delivery arrangements for
11 public or private banking of cord blood donations.
12 2. The department shall:
13 a. develop a public education and outreach campaign via written mate-
14 rials, brochures, the internet, and public service announcements to
15 promote public or private cord blood banking awareness and education of
16 the general public and potential cord blood donors of the benefits of
17 public or private cord blood banking;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02892-05-7
A. 2915--B 2
1 b. develop educational materials and brochures which shall be made
2 available to the general public and potential cord blood donors through
3 local departments of health; health care practitioners, including
4 obstetricians, gynecologists, pediatricians, and midwives; health main-
5 tenance organizations; hospitals; clinics, walk-in medical centers,
6 mobile care units, surgi-centers, and urgent care centers; and clinics
7 and organizations serving pregnant women;
8 c. coordinate and promote professional education programs for health
9 care providers on the benefits of public or private cord blood banking;
10 and
11 d. develop criteria, pursuant to regulation, regarding the appropriate
12 collection and storage of cord blood for public or private banking; the
13 identification of blood banks and the area served by each such blood
14 bank; the adequacy of safeguards in place at such blood banks to ensure
15 the safe collection and storage of cord blood; and provisions for
16 arrangements between such blood banks and hospitals, including certif-
17 ication of blood bank personnel, designation of responsibilities and
18 liabilities between such blood bank personnel and hospital personnel;
19 and any other provisions necessary to ensure the safety of the mother,
20 her child, any such personnel in attendance at the delivery and/or the
21 cord blood collection site, and the stored cord blood; and
22 e. establish a statewide toll-free telephone number to receive
23 requests for information and to direct potential cord blood donors to
24 available public or private cord blood banks serving the area in which
25 such potential donor resides or is planning to deliver.
26 3. The commissioner shall accept and expend any grants, awards, or
27 other funds or appropriations as may be made available for the purposes
28 of this article, subject to limitations as to the approval of expendi-
29 tures and audit as prescribed for state funds by the state finance law.
30 § 2. This act shall take effect on the one hundred eightieth day after
31 it shall have become a law; provided that effective immediately, the
32 addition, amendment and/or repeal of any rule or regulation necessary
33 for the implementation of this act on its effective date are authorized
34 and directed to be made and completed on or before such effective date.
