Bill Text: MI SB0143 | 2015-2016 | 98th Legislature | Introduced

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Bill Title: Health; other; human breast milk banks, companies, and cooperatives; regulate. Creates new act.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2015-02-18 - Referred To Committee On Health Policy [SB0143 Detail]

Download: Michigan-2015-SB0143-Introduced.html

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SENATE BILL No. 143

 

 

February 18, 2015, Introduced by Senator KNEZEK and referred to the Committee on Health Policy.

 

 

 

     A bill to require human breast milk banks, companies, and

 

cooperatives to comply with certain standards; to provide for

 

education and support of certain breastfeeding mothers; and to

 

prescribe the powers and duties of certain state departments.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec 1. As used in this act:

 

     (a) "Department" means the department of community health or a

 

successor agency.

 

     (b) "Hospital" means that term as defined in section 5883 of

 

the public health code, 1978 PA 368, MCL 333.5883.

 

     Sec. 2. (1) Procuring, processing, storing, distributing, or

 

using human milk for the purpose of infant human consumption from a

 

nonprofit human breast milk bank is a rendering of a service and

 

not the sale of human milk for profit or financial gain.

 

     (2) A hospital or organization that collects, processes,

 

stores, or distributes human milk either from a mother exclusively

 

for her own child or from a mother to nourish a child other than

 

her own shall comply with the standards, ethical practices, and

 

guidelines for collecting, processing, storing, or distributing

 

human milk of the Human Milk Banking Association of North America

 

unless the department of community health approves alternate

 

standards.

 

     (3) No screening test is required to be performed on human

 

milk collected from a mother exclusively for her own child.

 

     Sec. 3. A for-profit human breast milk bank, company, or

 

cooperative that provides financial compensation or shares in stock

 

for procuring, processing, distributing, or using human milk for

 

the purpose of human consumption must comply with the Human Milk

 

Banking Association of North America or more stringent guidelines

 

for safe procurement, processing, storing, or distributing of human

 

breast milk.

 

     Sec. 4. (1) A for-profit human breast milk bank, company, or

 

cooperative working with breastfeeding mothers in this state can

 

only accept milk from a mother who is at least 180 days postpartum.

 

     (2) A for-profit human breast milk bank, company, or

 

cooperative operating in this state cannot remit payment to a

 

participating mother until at least 28 days after receipt and

 

acceptance of the expressed human breast milk.

 

     Sec. 5. A for-profit human breast milk bank, company, or

 

cooperative shall work with local, community-based lactation

 

support groups to provide ongoing breastfeeding education and

 

lactation support for its participating mothers to ensure that the

 

needs of the nursing children of participating mothers are the

 

priority and are adequately nourished by the mother's own breast

 

milk.

 

     Sec. 6. A for-profit human breast milk bank, company, or

 

cooperative operating in this state shall ensure that, at a

 

minimum, 50% of the human breast milk produced by participating

 

mothers in a specific locality is distributed to hospitals in this

 

state for the hospital's neonatal intensive care unit or to local

 

nonprofit human milk banks to provide human breast milk for the

 

vulnerable premature or ill infants or for distribution to foster

 

parents or adoptive parents in this state who wish to provide

 

breast milk for their foster or adoptive newborn or infant

 

children.

 

     Sec. 7. A for-profit milk bank operating in this state shall

 

conduct an annual audit, at its own expense, that clearly

 

demonstrates whether or not the distribution of breast milk

 

collected complies with the requirements of section 5. The for-

 

profit milk bank shall submit a report with the findings of the

 

audit to the department no later than January 31, 2017 and every

 

January 31 annually after that.

 

     Sec. 8. A for-profit milk bank that does not comply with

 

section 7 shall be responsible for a fine to be determined by the

 

director of the department. The state treasurer shall credit the

 

money received under this act to the department for use in infant

 

mortality prevention projects.

 

     Sec. 9. This act does not apply to mother-to-mother milk

 

sharing groups.

 

     Enacting section 1. This act takes effect January 1, 2016.