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| To enact sections 2108.40 to 2108.42 of the Revised | 1 |
| Code regarding umbilical cord blood donations. | 2 |
| Section 1. That sections 2108.40, 2108.41, and 2108.42 of the | 3 |
| Revised Code be enacted to read as follows: | 4 |
| Sec. 2108.40. (A) As used in this section and sections | 5 |
| 2108.41 and 2108.42 of the Revised Code: | 6 |
| (1) "Health care institution" means a hospital registered as | 7 |
| such under section 3701.07 of the Revised Code or a freestanding | 8 |
| birthing center. | 9 |
| (2) "Health care professional" means a physician authorized | 10 |
| under Chapter 4731. of the Revised Code to practice medicine and | 11 |
| surgery or osteopathic medicine and surgery; a registered nurse, | 12 |
| including a certified nurse-midwife, authorized to practice under | 13 |
| Chapter 4723. of the Revised Code; or a physician assistant | 14 |
| authorized to practice under Chapter 4130. of the Revised Code. | 15 |
| (3) "Maternal care professional" means an individual who is | 16 |
| not authorized by the Revised Code to practice as a health care | 17 |
| professional but whose profession includes providing support and | 18 |
| assistance to a woman during pregnancy and labor. | 19 |
| (4) "Umbilical cord blood" means the blood that remains in | 20 |
| the umbilical cord and placenta after the birth of a newborn | 21 |
| child. | 22 |
| (B) The department of health shall encourage health and | 23 |
| maternal care professionals who provide health care services that | 24 |
| are directly related to a woman's pregnancy to provide a woman | 25 |
| before her third trimester of pregnancy with the materials | 26 |
| described in section 2108.41 of the Revised Code. | 27 |
| Sec. 2108.41. (A) The department of health shall prepare and | 28 |
| distribute to health and maternal care professionals written | 29 |
| materials that contain standardized, objective information about | 30 |
| umbilical cord blood banking that is sufficient to allow a | 31 |
| pregnant woman to make an informed decision about whether to | 32 |
| participate in an umbilical cord blood banking program. The | 33 |
| materials shall include all of the following information: | 34 |
| (1) The medical processes involved in the collection of | 35 |
| umbilical cord blood; | 36 |
| (2) The medical risks of umbilical cord blood collection to | 37 |
| the mother and the newborn child; | 38 |
| (3) The options available to a mother regarding stem cells | 39 |
| contained in the umbilical cord blood after delivery of the | 40 |
| mother's newborn child, including: | 41 |
| (a) Having the stem cells discarded; | 42 |
| (b) Donating the stem cells to a public umbilical cord blood | 43 |
| bank; | 44 |
| (c) Having the stem cells stored in a private umbilical cord | 45 |
| blood bank for use by immediate and extended family members; | 46 |
| (d) Storing the stem cells for use by the family through a | 47 |
| family or sibling donor banking program that provides free | 48 |
| collection, processing, and storage of the stem cells where there | 49 |
| is a medical need. | 50 |
| (4) The current and potential future medical uses, risks, and | 51 |
| benefits of umbilical cord blood collection to the mother, newborn | 52 |
| child, and biological family; | 53 |
| (5) The current and potential future medical uses, risks, and | 54 |
| benefits of umbilical cord blood collection to individuals who are | 55 |
| not biologically related to the mother or newborn child; | 56 |
| (6) Any costs that may be incurred by a pregnant woman who | 57 |
| chooses to make an umbilical cord blood donation; | 58 |
| (7) The average cost of public and private umbilical cord | 59 |
| blood banking. | 60 |
| (B) The department may update the materials prepared pursuant | 61 |
| to this section as it considers necessary. | 62 |
| (C) The department shall distribute the materials free of | 63 |
| charge to health and maternal care professionals and health care | 64 |
| institutions and shall make the materials available on its web | 65 |
| site. | 66 |
| (D) The department may accept gifts, grants, and donations | 67 |
| for the purposes of this section. | 68 |
| Sec. 2108.42. A health or maternal care professional or | 69 |
| health care institution is not liable for damages in a civil | 70 |
| action, subject to prosecution in a criminal proceeding, or | 71 |
| subject to disciplinary action by the state medical board or board | 72 |
| of nursing for acting in good faith pursuant to section 2108.40 of | 73 |
| the Revised Code. | 74 |