June 9, 2009, Introduced by Reps. Paul Scott and Slezak and referred to the Committee on Health Policy.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 2681 and 2683 (MCL 333.2681 and 333.2683),
section 2681 as added by 2006 PA 635 and section 2683 as added by
2006 PA 638, and by adding section 2684.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
2681. As used in sections 2681 to 2683 2684:
(a) "Cord blood unit" means the blood collected from a single
placenta and umbilical cord.
(b) "Donor" means a mother who has delivered a baby and
consents to donate the newborn's blood remaining in the placenta
and umbilical cord.
(c) "Donor bank" means a qualified cord blood stem cell bank
that enters into a contract with the director under section 2682.
(d) "Human cord blood stem cells" means hematopoietic stem
cells and any other stem cells contained in the neonatal blood
collected immediately after the birth from the separated placenta
and umbilical cord.
(e) "Network" means the statewide network of qualified cord
blood stem cell banks established under section 2682.
Sec. 2683. (1) If funding is made available, the department
shall promote public awareness and increase knowledge about the
statewide network of cord blood stem cell banks, cord blood banking
options, and the benefits of cord blood stem cells by developing
and disseminating educational materials on the uses and benefits of
cord blood stem cells, the viability of cord blood stem cells,
information on research results utilizing cord blood stem cells,
and any other related materials and information to enable the
public to make informed decisions about the utilization of cord
blood stem cells. Information shall include, but is not limited to,
all of the following:
(a) An explanation of the differences between public and
private cord blood banking.
(b) Information on the statewide network of cord blood stem
cell banks.
(c) Cord blood options available.
(d) The medical process and risks involved in the collection
of cord blood.
(e) Medically accepted uses and benefits of cord blood
collection and transplantation.
(f) A statement that due to ongoing research and development
there may be future uses and benefits of cord blood collection and
transplantation.
(g) An explanation of any costs to the donor associated with
cord blood donation and storage.
(h) Information on how to request printed materials and how to
access other information available on the department's website.
(i) Options for ownership and future use of the donated
material.
(j) An explanation of the storage, maintenance, and viability
for transplantation of cord blood stem cells.
(2) The department, on its website, shall make the materials
and information gathered and developed under subsection (1)
available in printable format to the public and to health care
facilities and agencies, cord blood banks, and health care
professionals.
(3)
The department shall encourage health care professionals
and
health care facilities and agencies, including, but not limited
to,
physicians, nurse midwives, nurses, hospitals, birthing
facilities,
and local health departments to disseminate information
to
a pregnant woman before her third trimester of pregnancy about
cord
blood donation and the options for cord blood banking.
Sec. 2684. (1) Except as otherwise provided in this section, a
health professional who is the primary care provider for a patient
who is in her second trimester of pregnancy shall inform the
patient of the following options relating to cord blood stem cells
after the delivery of her child:
(a) Discard the cord blood stem cells.
(b) Donate the cord blood stem cells to a donor bank.
(c) Store the cord blood stem cells for use by the immediate
and extended family members in a cord blood stem cell bank.
(d) Store the cord blood 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.
(2) If the department has developed educational materials
under section 2683, the health professional described in subsection
(1) shall also provide his or her patient with those materials. A
health professional described in subsection (1) meets the
notification requirements of this section by providing the
information verbally or in writing or by providing the woman with a
publication prepared by the department that, as certified by the
department, contains all the information required by this section
in addition to the information required under section 2683.
(3) This section does not apply to a health professional and
he or she is not required to inform a pregnant patient regarding
cord blood stem cell options if providing that information
conflicts with the health professional's bona fide religious
beliefs.
(4) 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.