HBA-MPM H.B. 391 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 391 By: Maxey Public Health 6/14/2001 Enrolled BACKGROUND AND PURPOSE According to the American Academy of Pediatrics (AAP), epidemiologic research indicates that human milk and breastfeeding of infants, including those who are premature or sick, improves the infant's general health, growth, and development, while significantly reducing risk for a large number of acute and chronic diseases. In some instances, a mother may not be able to breastfeed her child, such as when the mother has used illegal drugs or is taking certain prescription medications, or if the mother has been infected with the human immunodeficiency virus (HIV) or another disease. Donor milk banks provide human milk when direct breastfeeding is not possible. To ensure careful handling at each stage of processing and distribution, a rigid protocol is needed. House Bill 391 requires the Texas Department of Health to establish minimum standards for the procurement, processing, distribution, or use of human milk by donor milk banks. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS House Bill 391 amends the Health and Safety Code to require the Texas Department of Health to establish minimum guidelines for the procurement, processing, distribution, or use of human milk by donor milk banks. EFFECTIVE DATE September 1, 2001.