S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2702

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 21, 2009
                               ___________

Introduced by M. of A. FITZPATRICK, FINCH -- Multi-Sponsored by -- M. of
  A. CALHOUN, CROUCH, GIGLIO, KOLB, McKEVITT, QUINN, RAIA, THIELE, TOWN-
  SEND, WALKER -- read once and referred to the Committee on Health

AN  ACT  to  amend  the  public  health law, in relation to promotion of
  public umbilical cord blood banking

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  public health law is amended by adding a new article
43-D to read as follows:
                               ARTICLE 43-D
                   PUBLIC UMBILICAL CORD BLOOD BANKING
SECTION 4372. PUBLIC UMBILICAL CORD BLOOD BANKING PROGRAM.

  S 4372. PUBLIC UMBILICAL CORD BLOOD BANKING  PROGRAM.  1.  THE  PUBLIC
UMBILICAL  CORD  BLOOD  BANKING PROGRAM IS HEREBY ESTABLISHED WITHIN THE
DEPARTMENT TO PROMOTE PUBLIC AWARENESS  OF  THE  POTENTIAL  BENEFITS  OF
PUBLIC  UMBILICAL  CORD BLOOD BANKING, TO PROMOTE RESEARCH INTO THE USES
OF UMBILICAL CORD BLOOD, AND TO FACILITATE PRE-DELIVERY ARRANGEMENTS FOR
PUBLIC BANKING OF UMBILICAL CORD BLOOD DONATIONS.
  2. THE DEPARTMENT SHALL:
  (A) DEVELOP A PUBLIC EDUCATION  AND  OUTREACH  CAMPAIGN,  VIA  WRITTEN
MATERIALS,  BROCHURES, THE INTERNET, AND PUBLIC SERVICE ANNOUNCEMENTS TO
PROMOTE PUBLIC UMBILICAL CORD BLOOD BANKING AWARENESS AND  EDUCATION  OF
THE  GENERAL  PUBLIC  AND  POTENTIAL  UMBILICAL CORD BLOOD DONORS OF THE
BENEFITS OF PUBLIC UMBILICAL CORD BLOOD BANKING;
  (B) DEVELOP EDUCATIONAL MATERIALS AND BROCHURES WHICH  SHALL  BE  MADE
AVAILABLE  TO  THE  GENERAL  PUBLIC  AND  POTENTIAL UMBILICAL CORD BLOOD
DONORS THROUGH LOCAL DEPARTMENTS OF HEALTH; HEALTH  CARE  PRACTITIONERS,
INCLUDING  OBSTETRICIANS,  GYNECOLOGISTS,  PEDIATRICIANS,  AND MIDWIVES;
HEALTH MAINTENANCE ORGANIZATIONS; HOSPITALS;  CLINICS,  WALK-IN  MEDICAL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02984-01-9

              

A. 2702                             2

CENTERS,  MOBILE CARE UNITS, SURGI-CENTERS, AND URGENT CARE CENTERS; AND
CLINICS AND ORGANIZATIONS SERVING PREGNANT WOMEN;
  (C)  COORDINATE AND PROMOTE PROFESSIONAL EDUCATION PROGRAMS FOR HEALTH
CARE PROVIDERS ON THE BENEFITS OF PUBLIC UMBILICAL CORD BLOOD BANKING;
  (D) PROMOTE RESEARCH, THROUGH PUBLIC AND PRIVATE FUNDING  SOURCES,  IN
THE  POTENTIAL  BENEFITS  OF  UMBILICAL  CORD BLOOD AS AN ALTERNATIVE TO
TISSUE TRANSPLANTATION AND AS A SOURCE OF STEM CELLS IN THE TREATMENT OF
DISEASE;
  (E) DEVELOP CRITERIA, PURSUANT TO REGULATION, REGARDING THE  APPROPRI-
ATE  COLLECTION  AND STORAGE OF UMBILICAL CORD BLOOD FOR PUBLIC BANKING;
THE IDENTIFICATION OF BLOOD BANKS AND THE AREA SERVED BY EACH SUCH BLOOD
BANK; THE ADEQUACY OF SAFEGUARDS IN PLACE AT SUCH BLOOD BANKS TO  ENSURE
THE  SAFE COLLECTION AND STORAGE OF UMBILICAL CORD BLOOD; AND PROVISIONS
FOR ARRANGEMENTS BETWEEN  SUCH  BLOOD  BANKS  AND  HOSPITALS,  INCLUDING
CERTIFICATION  OF  BLOOD BANK PERSONNEL, DESIGNATION OF RESPONSIBILITIES
AND LIABILITIES BETWEEN SUCH BLOOD BANK PERSONNEL AND  HOSPITAL  PERSON-
NEL;  AND  ANY  OTHER  PROVISIONS  NECESSARY TO ENSURE THE SAFETY OF THE
MOTHER, HER CHILD, ANY SUCH PERSONNEL  IN  ATTENDANCE  AT  THE  DELIVERY
AND/OR  THE UMBILICAL CORD BLOOD COLLECTION SITE, AND THE STORED UMBILI-
CAL CORD BLOOD; AND
  (F) ESTABLISH  A  STATEWIDE  TOLL-FREE  TELEPHONE  NUMBER  TO  RECEIVE
REQUESTS  FOR  INFORMATION  AND TO DIRECT POTENTIAL UMBILICAL CORD BLOOD
DONORS TO AVAILABLE PUBLIC UMBILICAL CORD BLOOD BANKS SERVING  THE  AREA
IN WHICH SUCH POTENTIAL DONOR RESIDES OR IS PLANNING TO DELIVER.
  3.  THE  COMMISSIONER  SHALL  ACCEPT AND EXPEND ANY GRANTS, AWARDS, OR
OTHER FUNDS OR APPROPRIATIONS AS MAY BE MADE AVAILABLE FOR THE  PURPOSES
OF  THIS  ARTICLE, SUBJECT TO LIMITATIONS AS TO THE APPROVAL OF EXPENDI-
TURES AND AUDIT AS PRESCRIBED FOR STATE FUNDS BY THE STATE FINANCE LAW.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
necessary  for  the implementation of this act on its effective date are
authorized and directed to be made  and  completed  on  or  before  such
effective date.