36-112. Umbilical cord blood; information
pamphlet; distribution; health care institution responsibilities;
definition


A. On or before January 1, 2007, the department of health services shall prepare a
pamphlet that includes information regarding the following:


1. The medical processes involved in the collection of umbilical cord blood.


2. The medical risks of umbilical cord blood collection to the mother and her
newborn child.


3. The current and potential future medical uses, risks and benefits of umbilical
cord blood collection to a mother, her newborn child and her biological family.


4. The current and potential future medical uses, risks and benefits of umbilical
cord blood collection to persons who are not biologically related to a mother or her
newborn child.


5. Any costs that may be incurred by a pregnant woman who chooses to make an
umbilical cord blood donation.


6. Options for ownership and future use of the donated material.


7. The average cost of public and private umbilical cord blood banking.


B. The department shall update the pamphlet prepared pursuant to this section as
necessary.


C. The department shall distribute the pamphlet free of charge to physicians and
health care institutions on request and shall make the pamphlet available on its web
site.


D. The department may accept gifts, grants and donations for the purposes of this
section.


E. A health care institution licensed pursuant to chapter 4 of this title that
treats a pregnant woman during the delivery of her child shall permit her to arrange for
an umbilical cord blood donation if she has made this request unless, in the professional
judgment of a health care provider, the donation would threaten the health of the mother
or the newborn child.


F. This section does not impose an obligation on a health care provider to permit
an umbilical cord blood collection if the collection conflicts with the provider's bona
fide religious beliefs and the provider makes this fact known to the woman as soon as
reasonably feasible.


G. A health care institution that acts in good faith pursuant to this section is
not subject to civil or criminal liability or regulatory discipline for those acts.


H. For the purposes of this section, "umbilical cord blood" means the blood that
remains in the umbilical cord and placenta after the birth of a newborn child.