AB 2399, as introduced, Nazarian. Pregnancy: umbilical cord blood: blood testing.
Existing law requires the State Department of Public Health to develop standardized, objective information about umbilical cord blood donation to enable a pregnant woman to make an informed decision regarding what she wants to do with the umbilical cord blood. Existing law requires that this information be made available in Cantonese, English, Spanish, and Vietnamese. Existing law prohibits public funds from being used by the department to provide awareness, assistance, and information regarding umbilical cord blood banking options and creates the Umbilical Cord Blood Education Account within the State Treasury, which is funded by private donations, to be used by the department for these purposes, as specified.
Existing law also requires a licensed physician and surgeon, or other person engaged in the prenatal care of a pregnant woman, to obtain a blood specimen from the woman for purposes of determining the presence of hepatitis B or human immunodeficiency virus (HIV). Existing law requires the State Department of Public Health to develop culturally sensitive informational material in English, Spanish, and other languages, to inform a pregnant woman about the purpose of obtaining this blood sample.
This bill would change the language requirements for the umbilical cord blood informational material and the prenatal testing informational material from those languages to languages that meet a specified numeric threshold. The bill would also delete provisions that create the Umbilical Cord Blood Education Account and remove the prohibition against using public funds to provide information about umbilical cord blood banking.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 123371 of the Health and Safety Code
2 is amended to read:
(a) (1) The State Department of Public Health shall
4develop standardized, objective information about umbilical cord
5blood donation that is sufficient to allow a pregnant woman to
6make an informed decision on whether to participate in a private
7or public umbilical cord blood banking program. The information
8developed by the department shall enable a pregnant woman to be
9informed of her option to do any of the following:
10(A) Discard umbilical cord blood.
11(B) Donate umbilical cord blood to a public umbilical cord
12blood bank.
13(C) Store the umbilical cord blood in a family
umbilical cord
14blood bank for the use by immediate and extended family members.
15(D) Donate umbilical cord blood to research.
16(2) The information developed pursuant to paragraph (1) shall
17include, but not be limited to, all of the following:
18(A) The current and potential future medical uses of stored
19umbilical cord blood.
20(B) The benefits and risks involved in umbilical cord blood
21banking.
22(C) The medical process involved in umbilical cord blood
23banking.
24(D) Medical or family history criteria that can impact a family’s
25consideration of umbilical cord banking.
26(E) An explanation of the differences between public and private
27umbilical cord blood banking.
P3 1(F) The availability and costs of public or private umbilical cord
2blood banks.
3(G) Medical or family history criteria that can impact a family’s
4consideration of umbilical cord blood banking.
5(H) An explanation that the practices and policies of blood banks
6may vary with respect to accreditation, cord blood processing and
7storage methods, costs, and donor privacy.
8(I) An explanation that pregnant women are not required to
9donate their umbilical cord blood for research purposes.
10(b) The information provided by the department pursuant to
11subdivision (a) shall be made available inbegin delete Cantonese, English, begin insert
the languages that meet the numeric
12Spanish, and Vietnamese,end delete
13threshold described in Section 14029.91 of the Welfare and
14Institutions Code,end insert and shall be updated by the department as
15needed.
16(c) The information provided by the department pursuant to
17subdivision (a) shall be made available on the Internet Web sites
18of the licensing boards that have oversight over primary prenatal
19care providers.
20(d) (1) A primary prenatal care provider of a woman who is
21known to be pregnant may, during the first prenatal visit, provide
22the information required by subdivision (a) to the pregnant woman.
23(2) For purposes of this article, a “prenatal care provider” means
24a health care provider licensed pursuant to Division 2 (commencing
25with Section 500) of the Business and Professions Code, or
26pursuant
to an initiative act referred to in that division, who
27provides prenatal medical care within his or her scope of practice.
28(e) The department shall only implement this article upon a
29determination by the Director of Finance, that sufficient private
30donations have been collected and deposited into the Umbilical
31Cord Blood Education Account, which is hereby created in the
32State Treasury. The moneys in the account shall be available, upon
33appropriation by the Legislature, for the purposes of this article.
34No public funds shall be used to implement this article. If sufficient
35funds are collected and deposited into the account, the Director of
36Finance shall file a written notice thereof with the Secretary of
37State.
Section 125092 of the Health and Safety Code is
39amended to read:
The department, in consultation with the Office of
2AIDS and with other stakeholders, including, but not limited to,
3representatives of professional medical and public health advocacy
4groups, providers of health care to women and infants infected
5with or exposed to HIV, and women living with HIV, shall develop
6culturally sensitive informational material adequate to fulfill the
7requirements of subdivisions (c) and (d) of Section 125090, in
8begin delete English, Spanish, and other languages used by the departmentend deletebegin insert the
9languages that meet the numeric threshold described in Section
1014029.91 of the Welfare and Institutions Codeend insert when
providing
11information to clients under the Medi-Cal program. This material
12shall also include information on available referral and consultation
13resources of experts in prenatal HIV treatment.begin delete This material shall
14be completed by December 31, 2004.end delete
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