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        PRIOR PRINTER'S NO. 1029                      PRINTER'S NO. 2261

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

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
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     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.
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     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.




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