Bill Text: MI HB5197 | 2015-2016 | 98th Legislature | Introduced

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Bill Title: Health; stem cells; options regarding cord blood stem cells; require certain health professionals to inform patients during second trimester. Amends secs. 2681 & 2683 of 1978 PA 368 (MCL 333.2681 & 333.2683) & adds sec. 2684.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2015-12-18 - Printed Bill Filed 12/18/2015 [HB5197 Detail]

Download: Michigan-2015-HB5197-Introduced.html

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HOUSE BILL No. 5197

December 17, 2015, Introduced by Rep. Townsend 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 this section and sections 2681 2682 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 during the second trimester 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.

 

     (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.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.