ENGROSSED HOUSE
BILL NO. 2421	By:	Enns, Hilliard, Hamilton, Shelton, Sherrer, Williams and Virgin of the House

			    and

		Anderson of the Senate

( public health and safety – establishment of a public umbilical cord blood bank – increase birth certificate fee – State Board of Health – establish program of education for maternity patients – information available to pregnant patients – revolving fund – 		effective date )

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     63 O.S. 2011, Section 2175, is amended to read as follows:
Section 2175.  A.  Contingent on the provision of appropriated funds designated for the State Department of Health or the donation of private funds to the State Department of Health for such purpose, on On or before January 1, 2009 the State Department of Health, in collaboration with 2013, a private blood donor or private blood bank organization in this state, shall establish, operate and maintain a public umbilical cord blood bank or cord blood collection operation for the purpose of collecting, processing, and storing umbilical cord blood and placental tissue donated by maternity patients at hospitals licensed in this state.
B.  In order to fund the public umbilical cord blood bank or cord blood collection operation, beginning January 1, 2013, the State Board of Health shall:
1.  Increase the fee to obtain a birth certificate by Five Dollars ($5.00); and
2.  Deposit such five-dollar increase per birth certificate in the revolving fund established pursuant to Section 3 of this act.
The State Board of Health shall remove such five-dollar increase after a five-year period.
C.  On or before January 1, 2009 2013, the State Department of Health, in collaboration with a private blood donor or private blood bank organization in this state shall establish a program to educate maternity patients with respect to the subject of cord blood banking.  The program shall provide maternity patients with sufficient information to make an informed decision on whether or not to participate in a private or public umbilical cord blood banking program and shall include, but not be limited to, explanations and information on:
1.  The difference between public and private umbilical cord blood banking;
2.  The medical process involved in umbilical cord blood banking;
3.  The current and potential future medical uses of stored umbilical cord blood;
4.  The benefits and risks involved in banking umbilical cord blood; and
5.  The availability and cost of storing umbilical cord blood and placental tissue in public and private umbilical cord blood banks.
C. D.  1.  Each physician Physicians licensed in this state and each hospital hospitals licensed in this state shall have available information to inform each pregnant patient patients under the care of the physician physicians or hospital, not later than thirty (30) days from the commencement of the patient’s third trimester of pregnancy, hospitals of the opportunity to donate to the public umbilical cord blood bank, established under subsection A of this section, blood and tissue extracted from the umbilical cord and placenta, following delivery of a newborn child, at no cost to the patient.
2.  Nothing in this section shall be construed to:
a.	obligate a hospital to collect umbilical cord blood or placental tissue if, in the professional judgment of a physician licensed in this state, the collection would threaten the health of the mother or child,
b.	prohibit a maternity patient from donating or storing blood extracted from the umbilical cord or placenta of the patient’s newborn child to a private umbilical cord blood and placental tissue bank, or
c.	impose a requirement upon attending medical personnel who object to umbilical cord blood or placental tissue donation as being in conflict with their religious tenets and practice.
SECTION 2.     AMENDATORY     63 O.S. 2011, Section 2175.1, is amended to read as follows:
Section 2175.1  A.  On or before July December 1, 2008 2012, the State Commissioner of Health shall request information from one or more umbilical cord private blood banks in this state concerning the establishment of a public cord blood collection operation within this state to collect, transport, process and store cord blood units from Oklahoma residents for therapeutic and research purposes.  Any such request for information shall include provisions requiring certification that the private blood donor or private blood bank organization:
1.  Had a principal place of business located in the state prior to January 1, 2012;
2.  Held operations in at least four separate cities located in the state in which cord blood collections could potentially occur prior to January 1, 2012;
3.  Held accreditation from the Foundation for the Accreditation of Cellular Therapy prior to January 1, 2012; and
4.  Can establish a demonstrable history of cell collections.
Any such request for information shall contain provisions inquiring about the ability of the umbilical cord blood bank to:
1.  Establish and operate one or more collection sites within the state to collect a targeted number of cord blood units;
2.  Implement collection procedures designed to collect cord blood units that reflect the state’s racial and ethnic diversity;
3.  Set up public cord blood collection operations not later than six (6) months after execution of a contract with the state, provided the umbilical cord blood bank is able to negotiate any necessary contracts related to the collection sites within that time frame;
4.  Participate in the National Cord Blood Coordinating Center or similar national cord blood inventory center by listing cord blood units in a manner that assures maximum opportunity for use;
5.  Have a program that provides cord blood units for research and agree to provide cord blood units that are unsuitable for therapeutic use to researchers for basic research located within the state at no charge; and
6.  Maintain national accreditation by an accrediting organization recognized by the federal Health Resources and Services Administration.
B.  On or before January 1, 2009 2013, the State Commissioner of Health shall submit, as and in the manner provided for by law, a summary of the responses to the request for information, along with any recommendations, to the Governor, the Speaker of the House of Representatives, the President Pro Tempore of the Senate, and the chairs of those committees of the Legislature with legislative responsibility over matters relating to public health.
SECTION 3.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 2175.2 of Title 63, unless there is created a duplication in numbering, reads as follows:
There is hereby created in the State Treasury a revolving fund for the State Department of Health to be designated as the “Public Umbilical Cord Blood Bank Fund”.  The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies deposited to the credit of the fund by law.  All monies accruing to the credit of said fund shall be budgeted and expended by the State Department of Health for the establishment of the public umbilical cord blood bank.  Expenditures from said fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of State Finance for approval and payment.
SECTION 4.  This act shall become effective November 1, 2012.
Passed the House of Representatives the 15th day of March, 2012.

	
Presiding Officer of the House of
	Representatives

Passed the Senate the ____ day of __________, 2012.

	
Presiding Officer of the Senate