HF 3721

as introduced - 86th Legislature (2009 - 2010) Posted on 03/22/2010 09:35am

A bill for an act
relating to health; requiring the provision of information related to cord blood
banking; proposing coding for new law in Minnesota Statutes, chapter 144.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

[144.968] UMBILICAL CORD BLOOD STORAGE.

Subdivision 1.

Information to patients.

Health care providers who provide
health care services to a pregnant woman, when those services are directly related to
the pregnancy, must, by the 30th week of pregnancy, provide the pregnant woman with
information about cord blood banking that is sufficient to allow an informed decision
on whether to participate in a public or private umbilical cord blood banking program.
Publications prepared by the commissioner according to subdivision 3 must be provided
in a timely manner and shall constitute compliance with this subdivision.

Subd. 2.

Exemption.

Nothing in this section imposes an obligation upon a health
care provider to inform a pregnant woman regarding umbilical cord blood banking options
if that information conflicts with the provider's religious beliefs.

Subd. 3.

Publications.

The commissioner shall make available to health care
providers on the department's Web site printable publications that include the following
information:

(1) an explanation of the differences between public and private umbilical cord
blood banking;

(2) medical processes involved in the collection of umbilical cord blood;

(3) medical risks to a mother and newborn child of umbilical cord blood collection;

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

(5) current and potential future medical uses and benefits of umbilical cord blood
collection to persons who are not biologically related to the donor;

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

(7) average costs of public and private umbilical cord blood banking;

(8) options for ownership and future use of the donated material; and

(9) the availability in the state of umbilical cord blood donation and storage
programs.

Subd. 4.

Donation of umbilical cord blood.

(a) Unless it is medically inadvisable,
all health care facilities and health care providers that provide care to pregnant women
during labor and delivery shall, if requested by the woman, permit the pregnant woman to
arrange for an umbilical cord blood donation.

(b) Nothing in this section imposes an obligation upon a health care facility or health
care provider to permit an umbilical cord blood donation if, in the provider's professional
judgment, the donation of umbilical cord blood would threaten the health of the mother
or newborn child.

(c) Nothing in this section imposes an obligation upon a health care facility or health
care provider to permit an umbilical cord blood donation if the donation conflicts with
the provider's religious beliefs. If a health care facility or health care provider declines to
engage in umbilical cord blood donation, that fact must be disclosed to pregnant patients
of the facility or provider as soon as reasonably feasible.