|
|
AN ACT
|
|
|
relating to information regarding umbilical cord blood options. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 162, Health and Safety Code, is amended |
|
|
by adding Sections 162.018 and 162.019 to read as follows: |
|
|
Sec. 162.018. BROCHURE ON UMBILICAL CORD BLOOD OPTIONS. |
|
|
(a) The executive commissioner of the Health and Human Services |
|
|
Commission shall prepare and update as necessary a brochure based |
|
|
on nationally accepted, peer reviewed, scientific research |
|
|
information regarding stem cells contained in the umbilical cord |
|
|
blood after delivery of an infant. The information in the brochure |
|
|
must include: |
|
|
(1) the current and potential uses, risks, and |
|
|
benefits of stem cells contained in umbilical cord blood to a |
|
|
potential recipient of donated stem cells, including a biological |
|
|
family member, extended family member, or nonrelated individual; |
|
|
(2) the options available for future use or storage of |
|
|
umbilical cord blood after delivery of an infant, including: |
|
|
(A) discarding the stem cells; |
|
|
(B) donating the stem cells to a public umbilical |
|
|
cord blood bank; |
|
|
(C) storing the stem cells in a private family |
|
|
umbilical cord blood bank for use by immediate and extended family |
|
|
members; and |
|
|
(D) storing the stem cells for immediate and |
|
|
extended family use through a family or sibling donor banking |
|
|
program that provides free collection, processing, and storage when |
|
|
a medical need exists; |
|
|
(3) the medical process used to collect umbilical cord |
|
|
blood after delivery of an infant; |
|
|
(4) any risk associated with umbilical cord blood |
|
|
collection to the mother and the infant; |
|
|
(5) any costs that may be incurred by a pregnant woman |
|
|
who chooses to donate or store umbilical cord blood after delivery |
|
|
of the woman's infant; and |
|
|
(6) the average cost of public and private umbilical |
|
|
cord blood banking. |
|
|
(b) The Department of State Health Services shall make the |
|
|
brochure available on the department's website and shall distribute |
|
|
the brochure on request to physicians or other persons permitted by |
|
|
law to attend a pregnant woman during gestation or at delivery of an |
|
|
infant. |
|
|
Sec. 162.019. DUTY OF CERTAIN PROFESSIONALS. (a) Except as |
|
|
otherwise provided by this section, a physician or other person |
|
|
permitted by law to attend a pregnant woman during gestation or at |
|
|
delivery of an infant shall provide the woman with the brochure |
|
|
described in Section 162.018 before the third trimester of the |
|
|
woman's pregnancy or as soon as reasonably feasible. |
|
|
(b) A person described in Subsection (a) who attends a |
|
|
pregnant woman during delivery of her infant shall permit the |
|
|
mother to arrange for umbilical cord blood storage or donation if |
|
|
the mother requests unless, in the opinion of the person, the |
|
|
donation threatens the health of the mother or her infant. |
|
|
(c) A person described by Subsection (a) is not required to |
|
|
distribute the brochure under Subsection (a) or to permit for the |
|
|
arrangement of umbilical cord blood storage or donation under |
|
|
Subsection (b) if the action conflicts with the person's religious |
|
|
beliefs and the person makes this fact known to the mother as soon |
|
|
as reasonably feasible. |
|
|
(d) A person described by Subsection (a) is not required to |
|
|
distribute the brochure under Subsection (a) while treating the |
|
|
pregnant woman for an emergency condition or when the mother |
|
|
presents in labor and delivers the infant during that presentation. |
|
|
(e) A person described by Subsection (a) is not required to |
|
|
distribute the brochure under Subsection (a) if the woman provides |
|
|
the person with a written statement that she chooses to view the |
|
|
materials on the website described by Section 162.018(b). |
|
|
(f) A person described by Subsection (a) who fails to |
|
|
distribute the brochure is not subject to discipline by the |
|
|
appropriate licensing agency and a cause of action is not created by |
|
|
any failure to distribute the brochure as required by this section. |
|
|
SECTION 2. Not later than January 1, 2008, the executive |
|
|
commissioner of the Health and Human Services Commission shall |
|
|
prepare and the Department of State Health Services shall |
|
|
distribute the brochure required by Section 162.018, Health and |
|
|
Safety Code, as added by this Act. |
|
|
SECTION 3. A physician or other person permitted by law to |
|
|
attend a pregnant woman during gestation or at delivery of an infant |
|
|
is not required to comply with Section 162.019, Health and Safety |
|
|
Code, as added by this Act, before January 1, 2008. |
|
|
SECTION 4. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2007. |
|
|
|
|
|
____________________________________________________________ |
|
|
President of the SenateSpeaker of the House |
|
|
I certify that H.B. No. 709 was passed by the House on April |
|
|
11, 2007, by the following vote: Yeas 145, Nays 0, 2 present, not |
|
|
voting; and that the House concurred in Senate amendments to H.B. |
|
|
No. 709 on May 3, 2007, by the following vote: Yeas 141, Nays 0, 2 |
|
|
present, not voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
|
|
I certify that H.B. No. 709 was passed by the Senate, with |
|
|
I certify that H.B. No. 709 was passed by the Senate, with |
|
|
amendments, on May 1, 2007, by the following vote: Yeas 31, Nays 0. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: __________________ |
|
|
APPROVED: __________________ |
|
|
Date |
|
|
|
|
|
|
|
|
__________________ |
|
|
Governor |