S T A T E O F N E W Y O R K
________________________________________________________________________
5615
2021-2022 Regular Sessions
I N A S S E M B L Y
February 22, 2021
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Introduced by M. of A. FITZPATRICK, J. M. GIGLIO, MONTESANO, SALKA --
Multi-Sponsored by -- M. of A. DeSTEFANO, MANKTELOW -- 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-C to read as follows:
ARTICLE 43-C
PUBLIC UMBILICAL CORD BLOOD BANKING
SECTION 4372. PUBLIC UMBILICAL CORD BLOOD BANKING PROGRAM.
§ 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.
LBD07524-01-1
A. 5615 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.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made and
completed on or before such date.