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A BILL TO BE ENTITLED
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AN ACT
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relating to information regarding umbilical cord blood options. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 162, Health and Safety Code, is amended |
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by adding Sections 162.018 and 162.019 to read as follows: |
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Sec. 162.018. BROCHURE ON UMBILICAL CORD BLOOD OPTIONS. |
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(a) The executive commissioner of the Health and Human Services |
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Commission shall prepare and update as necessary a brochure based |
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on nationally accepted, peer reviewed, scientific research |
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information regarding stem cells contained in the umbilical cord |
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blood after delivery of an infant. The information in the brochure |
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must include: |
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(1) the current and potential uses, risks, and |
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benefits of stem cells contained in umbilical cord blood to a |
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potential recipient of donated stem cells, including a biological |
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family member, extended family member, or nonrelated individual; |
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(2) the options available for future use or storage of |
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umbilical cord blood after delivery of an infant, including: |
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(A) discarding the stem cells; |
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(B) donating the stem cells to a public umbilical |
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cord blood bank; |
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(C) storing the stem cells in a private family |
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umbilical cord blood bank for use by immediate and extended family |
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members; and |
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(D) storing the stem cells for immediate and |
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extended family use through a family or sibling donor banking |
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program that provides free collection, processing, and storage when |
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a medical need exists; |
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(3) the medical process used to collect umbilical cord |
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blood after delivery of an infant; |
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(4) any risk associated with umbilical cord blood |
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collection to the mother and the infant; |
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(5) any costs that may be incurred by a pregnant woman |
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who chooses to donate or store umbilical cord blood after delivery |
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of the woman's infant; and |
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(6) the average cost of public and private umbilical |
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cord blood banking. |
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(b) The Department of State Health Services shall make the |
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brochure available on the department's website and shall distribute |
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the brochure on request to physicians or other persons permitted by |
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law to attend a pregnant woman during gestation or at delivery of an |
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infant. |
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Sec. 162.019. DUTY OF CERTAIN PROFESSIONALS. (a) Except as |
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otherwise provided by this section, a physician or other person |
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permitted by law to attend a pregnant woman during gestation or at |
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delivery of an infant shall provide the woman with the brochure |
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described in Section 162.018 before the third trimester of the |
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woman's pregnancy or as soon as reasonably feasible. |
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(b) A person described in Subsection (a) who attends a |
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pregnant woman during delivery of her infant shall permit the |
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mother to arrange for umbilical cord blood storage or donation if |
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the mother requests unless, in the opinion of the person, the |
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donation threatens the health of the mother or her infant. |
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(c) A person described by Subsection (a) is not required to |
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distribute the brochure under Subsection (a) or to permit for the |
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arrangement of umbilical cord blood storage or donation under |
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Subsection (b) if the action conflicts with the person's religious |
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beliefs and the person makes this fact known to the mother as soon |
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as reasonably feasible. |
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(d) A person described by Subsection (a) is not required to |
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distribute the brochure under Subsection (a) while treating the |
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pregnant woman for an emergency condition or when the mother |
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presents in labor and delivers the infant during that presentation. |
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(e) A person described by Subsection (a) is not required to |
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distribute the brochure under Subsection (a) if the woman provides |
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the person with a written statement that she chooses to view the |
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materials on the website described by Section 162.018(b). |
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(f) A person described by Subsection (a) who fails to |
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distribute the brochure is not subject to discipline by the |
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appropriate licensing agency and a cause of action is not created by |
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any failure to distribute the brochure as required by this section. |
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SECTION 2. Not later than January 1, 2008, the executive |
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commissioner of the Health and Human Services Commission shall |
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prepare and the Department of State Health Services shall |
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distribute the brochure required by Section 162.018, Health and |
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Safety Code, as added by this Act. |
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SECTION 3. A physician or other person permitted by law to |
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attend a pregnant woman during gestation or at delivery of an infant |
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is not required to comply with Section 162.019, Health and Safety |
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Code, as added by this Act, before January 1, 2008. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |
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