The New York State Senate

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

                                  3204

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 24, 2013
                               ___________

Introduced  by  M.  of  A. FITZPATRICK -- Multi-Sponsored by -- M. of A.
  CROUCH, GIGLIO, KOLB, McKEVITT, RAIA, THIELE -- 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.
                                                           LBD05957-01-3

A. 3204                             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.