As Reported by the Senate Health, Human Services and Aging Committee

128th General Assembly
Regular Session
2009-2010
Sub. 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, Boyd, Burke, Combs, Goodwin, Slesnick, Winburn, Letson, Carney, Balderson, Newcomb, Hagan, Adams, R., Bacon, Batchelder, Belcher, Blair, Blessing, Bolon, Boose, Brown, Bubp, Celeste, Chandler, Coley, Daniels, DeBose, Dolan, Driehaus, Dyer, Evans, Fende, Foley, Garland, Gerberry, Goyal, Grossman, Hackett, Hall, Heard, Hite, Hottinger, Jones, Koziura, Luckie, Lundy, Maag, Mandel, Martin, McClain, McGregor, Moran, Morgan, Murray, Otterman, Patten, Phillips, Pillich, Ruhl, Sayre, Sears, Skindell, Snitchler, Stautberg, Stewart, Sykes, Szollosi, Uecker, Ujvagi, Weddington, Zehringer 

Senators Gillmor, Buehrer, Schuring, Morano, Miller, R., Smith 



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) "Umbilical cord blood" means the blood that remains in 16
the umbilical cord and placenta after the birth of a newborn 17
child.18

       (B) The department of health shall encourage health care 19
professionals who provide health care services that are directly 20
related to a woman's pregnancy to provide a woman before her 21
third trimester of pregnancy with the publications described in 22
section 2108.62 of the Revised Code.23

       Sec. 2108.62. (A) The department of health, on its internet 24
web site, shall make available to health care professionals 25
printable publications that can be downloaded containing 26
standardized, objective information about umbilical cord blood 27
banking that is sufficient to allow a pregnant woman to make an 28
informed decision about whether to participate in an umbilical 29
cord blood banking program. The publications shall include all 30
of the following information:31

       (1) The medical processes involved in the collection of 32
umbilical cord blood;33

       (2) The medical risks of umbilical cord blood collection to 34
the mother and the newborn child;35

       (3) The options available to a mother regarding stem cells 36
contained in the umbilical cord blood after delivery of the 37
mother's newborn child, including:38

       (a) Having the stem cells discarded;39

       (b) Donating the stem cells to a public umbilical cord blood 40
bank;41

       (c) Having the stem cells stored in a private umbilical cord 42
blood bank for use by immediate and extended family members;43

       (d) Storing the stem cells for use by the family through a 44
family or sibling donor banking program that provides free 45
collection, processing, and storage of the stem cells where there 46
is a medical need.47

       (4) The current and potential future medical uses, risks, and 48
benefits of umbilical cord blood collection to the mother, newborn 49
child, and biological family;50

       (5) The current and potential future medical uses, risks, and 51
benefits of umbilical cord blood collection to individuals who are 52
not biologically related to the mother or newborn child;53

       (6) Any costs that may be incurred by a pregnant woman who 54
chooses to make an umbilical cord blood donation;55

       (7) The average cost of public and private umbilical cord 56
blood banking.57

       (B) The department may update the publications prepared 58
pursuant to this section as it considers necessary.59

       Sec. 2108.63. A health care professional or health care 60
institution is not liable for damages in a civil action, subject 61
to prosecution in a criminal proceeding, or subject to 62
disciplinary action by the state medical board or board of 63
nursing for acting in good faith pursuant to section 2108.61 of 64
the Revised Code.65