S T A T E   O F   N E W   Y O R K
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                                  5436

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by  Sen. HASSELL-THOMPSON -- read twice and ordered printed,
  and when printed to be committed 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
CENTERS, MOBILE CARE UNITS, SURGI-CENTERS, AND URGENT CARE CENTERS;  AND
CLINICS AND ORGANIZATIONS SERVING PREGNANT WOMEN;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05957-01-3
              

S. 5436                             2

  (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.