| 1 | A bill to be entitled |
| 2 | An act relating to cord blood banking; amending s. |
| 3 | 381.06015, F.S.; providing for the education of pregnant |
| 4 | women regarding umbilical cord blood banking; requiring |
| 5 | the State Surgeon General to publish specified information |
| 6 | relating to umbilical cord blood banking on the Department |
| 7 | of Health's Internet website; providing immunity from |
| 8 | liability for a health care facility or health care |
| 9 | provider that provides information regarding cord blood |
| 10 | banking; providing an effective date. |
| 11 |
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| 12 | Be It Enacted by the Legislature of the State of Florida: |
| 13 |
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| 14 | Section 1. Section 381.06015, Florida Statutes, is amended |
| 15 | to read: |
| 16 | 381.06015 Public Cord Blood Tissue Bank.- |
| 17 | (1) There is established a statewide consortium to be |
| 18 | known as the Public Cord Blood Tissue Bank. The Public Cord |
| 19 | Blood Tissue Bank is established as a nonprofit legal entity to |
| 20 | collect, screen for infectious and genetic diseases, perform |
| 21 | tissue typing, cryopreserve, and store umbilical cord blood as a |
| 22 | resource to the public. The University of Florida, the |
| 23 | University of South Florida, the University of Miami, and the |
| 24 | Mayo Clinic, Jacksonville shall jointly form the collaborative |
| 25 | consortium, each working with community resources such as |
| 26 | regional blood banks, hospitals, and other health care providers |
| 27 | to develop local and regional coalitions for the purposes set |
| 28 | forth in this section act. The consortium participants shall |
| 29 | align their outreach programs and activities to all geographic |
| 30 | areas of the state, covering the entire state. The consortium is |
| 31 | encouraged to conduct outreach and research for Hispanics, |
| 32 | African Americans, Native Americans, and other ethnic and racial |
| 33 | minorities. |
| 34 | (2) The Agency for Health Care Administration and the |
| 35 | Department of Health shall encourage health care providers, |
| 36 | including, but not limited to, hospitals, birthing facilities, |
| 37 | county health departments, physicians, midwives, and nurses, to |
| 38 | disseminate information about the Public Cord Blood Tissue Bank |
| 39 | and the options for umbilical blood cord banking outlined in |
| 40 | this subsection to a pregnant woman before the third trimester |
| 41 | of pregnancy or at the time of her first visit to her health |
| 42 | care provider. The State Surgeon General shall make publicly |
| 43 | available, by posting on the Internet website of the Department |
| 44 | of Health, resources and an Internet website link to materials |
| 45 | relating to cord blood that have been developed by the Parent's |
| 46 | Guide to Cord Blood Foundation, including: |
| 47 | (a) An explanation of the potential value and uses of |
| 48 | umbilical cord blood, including cord blood cells and stem cells, |
| 49 | for individuals who are and individuals who are not biologically |
| 50 | related to a mother or her newborn infant. |
| 51 | (b) An explanation of the differences between using one's |
| 52 | own cord blood cells and using biologically related or |
| 53 | biologically unrelated cord blood stem cells in the treatment of |
| 54 | disease. |
| 55 | (c) An explanation of the differences between public and |
| 56 | private cord blood banking. |
| 57 | (d) The options available to a pregnant woman with regard |
| 58 | to stem cells that are contained in the umbilical cord blood |
| 59 | after the delivery of her newborn infant, including: |
| 60 | 1. Donating the stem cells to a public umbilical cord |
| 61 | blood bank when those facilities are available. |
| 62 | 2. Storing the stem cells in a private family umbilical |
| 63 | cord blood bank for use by family members. |
| 64 | 3. Storing the stem cells for use by family members |
| 65 | through a family or sibling donor banking program that provides |
| 66 | free collection, processing, and storage when there is an |
| 67 | existing medical need. |
| 68 | 4. Discarding the stem cells. |
| 69 | (e) The medical processes involved in the collection of |
| 70 | cord blood. |
| 71 | (f) Family social or medical history criteria that may |
| 72 | impact a family's consideration of umbilical cord blood banking, |
| 73 | including the likelihood of using cord blood to serve as a match |
| 74 | for a family member who has a medical condition. |
| 75 | (g) Options for ownership and future use of donated cord |
| 76 | blood. |
| 77 | (h) The average cost of public and private cord blood |
| 78 | banking. |
| 79 | (i) The availability of public and private cord blood |
| 80 | banks to citizens of the state, including: |
| 81 | 1. A list of public cord blood banks and the hospitals |
| 82 | served by such blood banks. |
| 83 | 2. A list of private cord blood banks that are available. |
| 84 | 3. The availability of free family cord blood banking and |
| 85 | sibling donor programs when a family member has an existing |
| 86 | medical need. |
| 87 | (j) An explanation of which racial and ethnic groups are |
| 88 | in particular need of publicly donated cord blood samples based |
| 89 | upon medical data developed by the Health Resources and Services |
| 90 | Administration of the United States Department of Health and |
| 91 | Human Services. |
| 92 | (3) Nothing in this section creates a requirement of any |
| 93 | health care or services program that is directly affiliated with |
| 94 | a bona fide religious denomination that includes as an integral |
| 95 | part of its beliefs and practices the tenet that blood transfer |
| 96 | is contrary to the moral principles the denomination considers |
| 97 | to be an essential part of its beliefs. |
| 98 | (4) Any health care facility or health care provider |
| 99 | receiving financial remuneration for the collection of umbilical |
| 100 | cord blood shall provide written disclosure of this information |
| 101 | to any woman postpartum or parent of a newborn from whom the |
| 102 | umbilical cord blood is collected prior to the harvesting of the |
| 103 | umbilical cord blood. |
| 104 | (5) A woman admitted to a hospital or birthing facility |
| 105 | for obstetrical services may be offered the opportunity to |
| 106 | donate umbilical cord blood to the Public Cord Blood Tissue |
| 107 | Bank. A woman may not be required to make such a donation. |
| 108 | (6) The consortium may charge reasonable rates and fees to |
| 109 | recipients of cord blood tissue bank products. |
| 110 | (7) A health care facility or health care provider may not |
| 111 | be held liable in any manner for damages and is not subject to |
| 112 | criminal penalties for providing information relating to options |
| 113 | for umbilical cord blood banking. |
| 114 | (8)(7) In order to fund the provisions of this section the |
| 115 | consortium participants, the Agency for Health Care |
| 116 | Administration, and the Department of Health shall seek private |
| 117 | or federal funds to initiate program actions for fiscal year |
| 118 | 2011-2012 2000-2001. |
| 119 | Section 2. This act shall take effect July 1, 2011. |