PRIOR PRINTER'S NO. 1029 PRINTER'S NO. 2261
No. 874 Session of 2007
INTRODUCED BY HERSHEY, HENNESSEY, BENNINGTON, BOYD, CAPPELLI, CLYMER, COHEN, CREIGHTON, CUTLER, EVERETT, FAIRCHILD, GEIST, GINGRICH, KAUFFMAN, M. KELLER, W. KELLER, KENNEY, KILLION, LEACH, McILHATTAN, MUNDY, MYERS, NAILOR, OLIVER, O'NEILL, PALLONE, PICKETT, RAPP, REICHLEY, ROHRER, RUBLEY, SAYLOR, SCAVELLO, SCHRODER, SOLOBAY, STERN, SWANGER, TANGRETTI, TRUE, VULAKOVICH, WATSON, YOUNGBLOOD, JAMES, SIPTROTH, DENLINGER, LONGIETTI AND CALTAGIRONE, MARCH 22, 2007
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, JULY 7, 2007
AN ACT 1 Providing for umbilical cord blood banking; requiring health 2 care facilities and providers to give pregnant patients 3 information regarding umbilical cord blood banking; and 4 requiring health care facilities to permit pregnant patients 5 to arrange for umbilical cord blood donations. 6 The General Assembly of the Commonwealth of Pennsylvania 7 hereby enacts as follows: 8 Section 1. Short title. 9 This act shall be known and may be cited as the Umbilical 10 Cord Blood Banking EDUCATION AND DONATION Act. <-- 11 Section 2. Purpose of act. 12 The purpose of this act is to educate pregnant women 13 regarding the potential benefits of umbilical cord blood banking 14 and to provide opportunities for the donation and storage of 15 umbilical cord blood when desired by a pregnant woman. 16 Section 3. Definitions.
1 The following words and phrases when used in this act shall 2 have the meanings given to them in this section unless the 3 context clearly indicates otherwise: 4 "Department." The Department of Health of the Commonwealth. 5 "Health care facility." An institution providing health care 6 services to a pregnant woman that are directly related to her 7 pregnancy, including a hospital, clinic or other inpatient 8 center, outpatient facility or diagnostic or treatment center 9 that is licensed by the Department of Health. 10 "Health care provider." A person who is licensed, certified 11 or otherwise authorized by law to provide or render health care 12 services to pregnant women in this Commonwealth in the ordinary 13 course of business or practice of a profession but is limited to 14 a medical physician, osteopathic physician, certified nurse 15 practitioner and certified nurse-midwife. 16 "Umbilical cord blood." The blood that remains in the 17 umbilical cord and placenta after the birth of a newborn child. 18 Section 4. Dissemination of information. 19 (a) Options.--All health care providers providing health 20 care services to a pregnant woman by the end of the second 21 trimester (28th week), which health care services are directly 22 related to her pregnancy, shall advise her of options to donate 23 umbilical cord blood following the delivery of a newborn child, 24 by providing standardized objective information about cord blood 25 banking that is sufficient to allow a pregnant woman to make an 26 informed decision on whether to participate in a public or 27 private umbilical cord blood banking program. This shall include 28 information on the free family banking and sibling donor 29 programs where there is an existing medical need by a family 30 member. Provision in a timely manner of publications prepared by 20070H0874B2261 - 2 -
1 the department pursuant to section 5 shall constitute compliance 2 with this subsection. 3 (b) Exemption.--Nothing in this section imposes an 4 obligation upon a health care provider to inform a pregnant 5 woman regarding her umbilical cord blood banking options if such 6 information conflicts with bona fide religious beliefs of the 7 health care provider. 8 Section 5. Informational publications. 9 The department shall, on the department's Internet website, 10 make available to health care providers printable publications 11 that include the following information: 12 (1) An explanation of the differences between public and 13 private umbilical cord blood banking. 14 (2) The medical processes involved in the collection of 15 umbilical cord blood. 16 (3) The medical risks to a mother and her newborn child 17 of umbilical cord blood collection. 18 (4) The current and potential future medical uses and 19 benefits of umbilical cord blood collection to a mother, her 20 newborn child and her biological family. 21 (5) The current and potential future medical uses and 22 benefits of umbilical cord blood collection to persons who 23 are not biologically related to a mother or her newborn 24 child. 25 (6) Any costs that may be incurred by a pregnant woman 26 who chooses to make an umbilical cord blood donation. 27 (7) The average costs of public and private umbilical 28 cord blood banking. 29 (8) Options for ownership and future use of the donated 30 material. 20070H0874B2261 - 3 -
1 (9) The availability in this Commonwealth of umbilical 2 cord blood donations. 3 Section 6. Donation of umbilical cord blood. 4 (a) Arrangements for donations.--Unless it is medically 5 inadvisable, all health care facilities and health care 6 providers treating a pregnant woman during the delivery of a 7 newborn child shall, if requested by that woman, permit her to 8 arrange for an umbilical cord blood donation. 9 (b) Exceptions relating to health of mother.--Nothing in 10 this section imposes an obligation upon a health care facility 11 or health care provider to permit an umbilical cord blood 12 donation if, in the professional judgment of a health care 13 provider, the donation of umbilical cord blood would threaten 14 the health of the mother or newborn child. 15 (c) Exceptions relating to religion.--Nothing in this 16 section imposes an obligation upon a health care facility or 17 health care provider to permit an umbilical cord blood donation 18 if the donation conflicts with bona fide religious beliefs of 19 the health care facility or health care provider. If a health 20 care facility or health care provider declines to engage in 21 umbilical cord blood donation, that fact shall be made known to 22 pregnant patients of that facility or provider as soon as 23 reasonably feasible. 24 Section 7. Effective date. 25 This act shall take effect in 60 days. B12L35JS/20070H0874B2261 - 4 -