As Introduced

128th General Assembly
Regular Session
2009-2010
H. B. No. 102


Representative Book 

Cosponsors: Representatives Dodd, Williams, B., Harris, Yuko, Adams, J., Wagner, Gardner, Harwood, Huffman, Mecklenborg, Lehner, Okey, DeGeeter, Oelslager, Derickson, Jordan, Wachtmann, Amstutz, Domenick, Garrison 



A BILL
To enact sections 2108.61 to 2108.63 of the Revised 1
Code regarding umbilical cord blood donations.2


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That sections 2108.61, 2108.62, and 2108.63 of the 3
Revised Code be enacted to read as follows:4

       Sec. 2108.61. (A) As used in this section and sections 5
2108.62 and 2108.63 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 care 23
professionals and maternal care professionals who provide health 24
care services that are directly related to a woman's pregnancy to 25
provide a woman before her third trimester of pregnancy with the 26
publications described in section 2108.62 of the Revised Code.27

       Sec. 2108.62. (A) The department of health, on its internet 28
web site, shall make available to health care professionals and 29
maternal care professionals printable publications that can be 30
downloaded containing standardized, objective information about 31
umbilical cord blood banking that is sufficient to allow a 32
pregnant woman to make an informed decision about whether to 33
participate in an umbilical cord blood banking program. The 34
publications shall include all of the following information:35

       (1) The medical processes involved in the collection of 36
umbilical cord blood;37

       (2) The medical risks of umbilical cord blood collection to 38
the mother and the newborn child;39

       (3) The options available to a mother regarding stem cells 40
contained in the umbilical cord blood after delivery of the 41
mother's newborn child, including:42

       (a) Having the stem cells discarded;43

       (b) Donating the stem cells to a public umbilical cord blood 44
bank;45

       (c) Having the stem cells stored in a private umbilical cord 46
blood bank for use by immediate and extended family members;47

       (d) Storing the stem cells for use by the family through a 48
family or sibling donor banking program that provides free 49
collection, processing, and storage of the stem cells where there 50
is a medical need.51

       (4) The current and potential future medical uses, risks, and 52
benefits of umbilical cord blood collection to the mother, newborn 53
child, and biological family;54

       (5) The current and potential future medical uses, risks, and 55
benefits of umbilical cord blood collection to individuals who are 56
not biologically related to the mother or newborn child;57

       (6) Any costs that may be incurred by a pregnant woman who 58
chooses to make an umbilical cord blood donation;59

       (7) The average cost of public and private umbilical cord 60
blood banking.61

       (B) The department may update the publications prepared 62
pursuant to this section as it considers necessary.63

       Sec. 2108.63. A health care professional, maternal care 64
professional, or health care institution is not liable for 65
damages in a civil action, subject to prosecution in a criminal 66
proceeding, or subject to disciplinary action by the state 67
medical board or board of nursing for acting in good faith 68
pursuant to section 2108.61 of the Revised Code.69