CHAPTER 1. PUBLIC UMBILICAL CORD BLOOD BANK

IC 12-31
    ARTICLE 31. UMBILICAL CORD BLOOD

IC 12-31-1
    Chapter 1. Public Umbilical Cord Blood Bank

IC 12-31-1-1
"Nonprofit corporation"
    Sec. 1. As used in this article, "nonprofit corporation" refers to theIndiana nonprofit corporation formed by the office of the secretaryunder section 3 of this chapter to establish and operate a publicumbilical cord blood bank.
As added by P.L.134-2008, SEC.7.

IC 12-31-1-2
"Postnatal donation"
    Sec. 2. As used in this article, "postnatal donation" means any ofthe following donations by a patient to the public umbilical cordblood bank:
        (1) Postnatal fluid, including umbilical cord blood.
        (2) Postnatal tissue, including the placenta and tissue extractedfrom an umbilical cord.
As added by P.L.134-2008, SEC.7.

IC 12-31-1-3
Formation of nonprofit corporation by office of the secretary;adoption of rules concerning protection of information
    Sec. 3. (a) The office of the secretary shall form a nonprofitcorporation to establish and provide for the operation of a publicumbilical cord blood bank to promote public health and to exerciseother essential governmental functions.
    (b) The office of the secretary shall adopt rules under IC 4-22-2concerning the protection of individual identifiable healthinformation regarding the operation of the public umbilical cordblood bank.
As added by P.L.134-2008, SEC.7.

IC 12-31-1-4
Board of directors of nonprofit corporation; advisory board;review of applications; contract for administrative operations;employment; participating agreement
    Sec. 4. (a) The board of directors of the nonprofit corporationconsists of the following:
        (1) The state health commissioner or the commissioner'sdesignee.
        (2) The secretary or the secretary's designee.
        (3) The secretary of commerce appointed under IC 5-28-3-4 orthe secretary's designee.
        (4) The director of the state department of health's office ofminority health.        (5) The following individuals appointed by the governor:
            (A) One (1) president or chief executive officer of anIndiana based hospital.
            (B) One (1) research scientist with expertise in umbilicalcord blood research.
            (C) One (1) ethicist with expertise in bioethics.
            (D) One (1) physician licensed under IC 25-22.5 whospecializes in birthing and delivery.
            (E) One (1) representative of a donor umbilical cord bloodbank facility.
            (F) One (1) member of the interagency state council on blackand minority health established under IC 16-46-6.
    (b) The board of directors shall appoint an advisory board. Atleast fifty-one percent (51%) of the advisory board members must beresearch scientists with expertise in stem cell research.
    (c) The advisory board, using criteria established by the board ofdirectors, is responsible for reviewing applications from researchscientists, research institutions, and other persons interested inreceiving a postnatal donation that is ineligible for transplant usefrom the public umbilical cord blood bank.
    (d) The board of directors may contract with a person to performthe management and administrative operations of the publicumbilical cord blood bank. The person shall follow the federal Foodand Drug Administration's current good tissue practices.
    (e) Subject to approval by the budget agency, the board ofdirectors may, without the approval of the attorney general, employlegal counsel, technical experts, and other officers, agents, andemployees that the board of directors considers necessary to carryout the efficient operation of a public umbilical cord blood bank.
    (f) The board of directors shall determine the terms and conditionsof the participating agreement that is executed with eachparticipating hospital.
As added by P.L.134-2008, SEC.7.

IC 12-31-1-5
Nonprofit corporation duties
    Sec. 5. The nonprofit corporation shall do the following:
        (1) Establish procedures and guidelines for collecting,maintaining, and receiving postnatal donations.
        (2) Educate health care professionals about the procedures andrequirements for collecting and maintaining postnatal donationsfollowing the birth of a newborn infant.
        (3) Establish procedures concerning patient informed consentand privacy that are approved by an independent institutionalreview board selected by the board of directors.
As added by P.L.134-2008, SEC.7.

IC 12-31-1-6
Acceptance of postnatal donations; use and allocation of postnataldonations; liability insurance    Sec. 6. (a) The nonprofit corporation shall accept postnataldonations at no charge or cost to the donor.
    (b) The nonprofit corporation may allow the following to use thepostnatal donations:
        (1) Transplant centers.
        (2) Research centers approved by the nonprofit corporation thatwill use the postnatal donation to promote medical advances,life science research, or biotechnology research.
        (3) Any other entity approved by the nonprofit corporation ifthe entity will use the postnatal donation to promote medicaladvances, life science research, or biotechnology research.
    (c) Any postnatal donations maintained by the public umbilicalcord blood bank must be allocated as follows:
        (1) Postnatal donations that are of transplantable qualityaccording to the National Marrow Donor Program, the federalFood and Drug Administration's approved protocol, or otherrelevant national practice and quality standards must beallocated for medical transplants.
        (2) Postnatal donations that do not meet the transplant qualitystandards referred to in subdivision (1) and that are suitable forresearch must be made available for scientific research ormedical treatments that comply with relevant national practiceand quality standards.
    (d) The nonprofit corporation shall acquire and maintain adequateliability insurance coverage.
As added by P.L.134-2008, SEC.7.

IC 12-31-1-7
Maintenance of postnatal donations at no charge to donor
    Sec. 7. The nonprofit corporation may maintain postnataldonations at no charge or cost to the donor.
As added by P.L.134-2008, SEC.7.

IC 12-31-1-8
Authority to award grants
    Sec. 8. The nonprofit corporation may award a grant to a personfor work with postnatal donations.
As added by P.L.134-2008, SEC.7.

IC 12-31-1-9
Report to health finance commission
    Sec. 9. The nonprofit corporation shall report annually to thehealth finance commission established by IC 2-5-23-3 concerning thefollowing:
        (1) The implementation of the umbilical cord blood bank.
        (2) The number of postnatal donations used for transplants andthe number of postnatal donations used for research.
As added by P.L.134-2008, SEC.7.