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Cord Blood Legislation: State by State
Each year more than 35,000 American children and adults with life threatening illnesses find themselves in need of a stem cell transplant. The growing need for a suitable stem cell match has garnered the attention of state lawmakers. In response to their constituents, state legislators across the country are introducing legislation intended to help physicians and expectant parents become aware of their options for donating or banking lifesaving newborn stem cells. Currently 20 states, covering 65 percent of U.S. births, have enacted legislation.


Map indicating states with current cord blood legislation

States with current cord blood legislation

Arizona
As of January 2007, health care professionals are required to inform a pregnant patient in her second trimester about her ability to family bank or donate her newborn's cord blood. The Department of Health Services has developed a brochure on all options for expectant mothers, including the benefits of umbilical cord blood collection to the newborn, biological family and non-related individuals. Arizona is the first state to inform expectant parents about free cord blood collection and storage programs offered by family and sibling donor banks.

Arkansas
By June 2008, Arkansas commission will have developed a voluntary program to educate patients on cord blood banking, including an explanation of the differences between public and private banking options relating to availability and cost.

California
Consistent with the recommendations of the Institute of Medicine (IOM) the Maternal and Child Health Advancement Act will authorize the Department of Health to create a cord blood awareness campaign that will offer standardized, objective information to expectant mothers about the differences between public and private banking, current and future uses of cord blood, and how medical or family history can impact a family's decision to donate or family bank their newborn's stem cells.

Georgia
Following the Governor's Executive Order last year, Governor Perdue signed into law SB 148, Saving The Cure Act in 2007. The act establishes the Newborn Umbilical Cord Blood Bank and the creation of a Commission whose numerous tasks will include developing a program to explain differences between public or private banking; the medical process involved in the collection and storage of postnatal tissue and fluid; the current and potential future medical uses of stored postnatal tissue and fluid; the benefits and risks involved in the banking of postnatal tissue and fluid; and the availability and cost of storing postnatal tissue and fluid in public and private umbilical cord blood banks. Beginning June 2009, all physicians and hospitals in Georgia shall inform pregnant patients of the full range of cord blood options before the third trimester.

Illinois
In 2004, the Hospital Licensing Act was amended to add a mandate that hospitals offer pregnant women the option to donate their newborn's cord blood to a public bank.

Louisiana
In June 2008, Governor Jindal signed HB 861 requiring Louisiana Department of Health and Hospitals (LDHH) to promote awareness of the potential benefits of cord blood banking. The LDHH will develop an outreach campaign via written materials, brochures, the Internet, and public service announcements to promote cord blood banking awareness. It will educate medical professionals and establish a toll free number for information on all cord blood banks serving the State of Louisiana. Implementation of this program is dependent upon monies being allocated in July 2008.

Maryland
The Maryland Department of Health and Mental Hygiene - Umbilical Cord Blood Donation - Educational Materials Act would require the Department of Health to develop educational materials about cord blood donation and would require specified obstetricians and hospitals to distribute specified educational materials to specified patients; etc.

Massachusetts
An Act Enhancing Regenerative Medicine in the MA Commonwealth has become law and has been incorporated into the Acts that govern the state. The Massachusetts Department of Public Health will establish a program to educate women on all cord blood options so they can make an informed decision on whether or not to participate in a private or public umbilical cord blood banking program. Hospitals within the commonwealth will inform pregnant patients of their ability to donate to a public bank.

Michigan
Several bills focused on creating a network of umbilical cord blood banks were passed in 2006. An education bill was passed which encouraged healthcare professionals, facilities and agencies to disseminate educational materials on all cord blood options, developed by the Department, to a pregnant woman before her third trimester, including the differences between public and private banking.

New Jersy
In January 2008, New Jersey passed cord blood legislation aimed at helping educating expecting families on all their cord blood preservation options, including family banking and public donation. The legislation includes a provision for the Department of Health and Senior Services to create an educational brochure and directs prenatal healthcare providers to share the brochure with expectant parents prior to labor and delivery, preferably in the first trimester.

New Mexico
Umbilical Cord Blood Banking Act requires physicians to inform patients about cord blood donation and requires the Department of Health to prepare and distribute written publications informing expectant mothers about cord blood donation.

New York
In August 2007, New York State amended the State's public health law, establishing a public and private cord blood banking program to promote public awareness of the potential benefits of both public or family cord blood banking, promote research into the uses of cord blood and facilitate pre-delivery arrangements for public or private banking of cord blood donations. The program is charged with providing educational materials and brochures on both cord blood options, to be made available to the general public and potential donors, through local Departments of Health, health care practitioners, hospitals, clinics, and other organizations serving pregnant women. In addition, the bill requires the coordination and promotion of educational materials for healthcare providers.

Oklahoma
Oklahoma Governor Brad Henry has signed a public cord blood banking bill HB 3060 which discusses the establishment of a public bank / public donation collection program in the state. The bill includes a Department of Health program to educate maternity patients with sufficient information to make an informed decision on whether or not to participate in a private or public umbilical cord blood banking program.

Pennsylvania
In April 2008, the Umbilical Cord Blood Education and Donation Act was passed into law. The law encourages health care providers to educate expectant parents about their cord blood preservation options prior to the end of the second trimester so they are equipped to make an informed choice between family (private) banking, public donation, or free family banking in instances where there is an existing medical need within the family. The new law also includes a provision calling for the Department of Health of the Commonwealth to create an online brochure that health care providers can print and give to their patients. This brochure will outline the current and future medical uses of cord blood stem cells and differences between family banking and public donation.

Rhode Island
Enacted June 27, 2008, the law states that health care professionals shall educate a pregnant patient after her first trimester about her ability to family bank or donate her newborn's cord blood. It also states that hospitals shall facilitate cord blood collections. In addition, physicians will inform expectant parents about free cord blood collection and storage programs offered by family and sibling donor banks.

Tennessee
Prenatal healthcare professionals are encouraged to inform an expectant mother on the option to publicly donate before her 35th week of pregnancy.

Texas
May 2007, Governor Perry signed HB 709 requiring Texas Health and Human Services Commission (THHSC) to develop a brochure regarding public donation and family banking, including the free programs where there is an existing medical need. The brochure will include current and potential future uses and benefits of cord blood stem cells to a potential recipient of donated stem cells, such as a biological family member or a non-related individual; the medical process to collect cord blood, and any risks and associated costs with cord blood banking. The brochure will be provided by maternal healthcare professionals to pregnant women before the third trimester, or as soon as reasonably feasible.

Virginia
The Virginia Cord Blood Initiative Act establishes the Virginia Cord Blood Bank Initiative as a public resource for treating patients with life threatening illnesses and for use in advancing basic and clinical research. Women will be offered the opportunity to donate cord blood. The initiative will do research and outreach particularly for ethnic and racial minorities. Information will be disseminated through health departments and Medicaid.

Washington
In 2008, the Washington state legislature signed into law House Bill 2431, which encourages healthcare providers to better educate their patients about the value of cord blood stem cells and the options for preserving them. The law will ensure that expectant parents have greater access to cord blood information prior to the third trimester of pregnancy to help them more readily arrange for private cord stem cell storage or public donation as alternatives to discarding cord blood as medical waste. The new law also requires cord blood banks to have licenses, accreditations, and other authorizations required under federal and Washington State law.

Wisconsin
The Donation of Umbilical Cord Blood Act requires the principal prenatal healthcare provider of a pregnant woman to offer her information prior to the 35th week of pregnancy about her option to donate umbilical cord blood.