MPM C.S.H.B. 391 77(R) BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 391 By: Maxey Public Health 3/4/2001 Committee Report (Substituted) 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. C.S.H.B. 391 requires the Health and Human Services Commission to adopt minimum standards for the procuring, 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 C.S.H.B. 391 amends the Human Resources Code to require the Health and Human Services Commission to adopt minimum standards for the procuring, processing, distribution, or use of human milk by donor milk banks. EFFECTIVE DATE September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 391 differs from the original by removing the requirement that the Health and Human Services Commission (HHSC) provide donor human milk to a hospitalized infant, if the milk is prescribed by a physician. The substitute requires the HHSC to adopt minimum standards regarding donor milk banks.