AB 52, Umbilical Cord Blood Collection

[Maggie]

BILL NUMBER: AB 52 INTRODUCED
BILL TEXT

INTRODUCED BY Assembly Member Portantino

DECEMBER 2, 2008

An act to amend Sections 1627, 1628, and 1630 of, and to add
Sections 1627.5 and 1627.7 to, the Health and Safety Code, relating
to umbilical cord blood banking.

LEGISLATIVE COUNSEL'S DIGEST

AB 52, as introduced, Portantino. Umbilical Cord Blood Collection
Program.

Existing law requires the State Department of Public Health to
establish, by January 1, 2010, and until January 1, 2015, the
Umbilical Cord Blood Collection Program for the purpose of increasing
the amount of umbilical cord blood that is donated in the state and
that will be added to the national inventory. Existing law authorizes
the department, to the extent private or public funds are identified
for this purpose, to contract with blood banks that are licensed or
accredited to provide umbilical cord blood banking storage services,
for the purpose of collecting and storing umbilical cord blood.

This bill would, instead, require the department to establish the
Umbilical Cord Blood Collection Program from January 1, 2011, until
January 1, 2020, for the purpose of collecting and storing umbilical
cord blood for public use, as defined, for human transplantation and
human research. The bill would require the department to contract
with up to 5 entities, including blood banks that are licensed or
accredited to provide umbilical cord blood banking storage services,
to collect, and make available for transplant or medical research,
umbilical cord blood.

The bill would also establish an implementing committee composed
of specified members to develop policy recommendations for purposes
of implementing the program.

The bill would require the department, in consultation with the
implementing committee, to submit to the Governor and specified
committees of the Legislature, 2 reports on the effectiveness of the
program by January 1, 2013, and January 1, 2018, respectively, and
would require the program to conclude no later than December 31,
2019.

Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.

[Maggie]

BILL NUMBER: AB 52 AMENDED
BILL TEXT

AMENDED IN ASSEMBLY MARCH 5, 2009

INTRODUCED BY Assembly Member Portantino

DECEMBER 2, 2008

An act to amend Sections 1627, 1628, and 1630 of, to amend,
repeal, and add Sections 102247, 103605, and 103625 of, and to
add Sections 1627.5 and 1627.7 to, the Health and Safety Code,
relating to umbilical cord blood banking.

LEGISLATIVE COUNSEL'S DIGEST

AB 52, as amended, Portantino. Umbilical Cord Blood Collection
Program.

Existing law requires the State Department of Public Health to
establish, by January 1, 2010, and until January 1, 2015, the
Umbilical Cord Blood Collection Program for the purpose of increasing
the amount of umbilical cord blood that is donated in the state and
that will be added to the national inventory. Existing law authorizes
the department, to the extent private or public funds are identified
for this purpose, to contract with blood banks that are licensed or
accredited to provide umbilical cord blood banking storage services,
for the purpose of collecting and storing umbilical cord blood.

This bill would, instead, require the department to establish the
Umbilical Cord Blood Collection Program from January 1, 2011, until
January 1, 2020, for the purpose of collecting and storing umbilical
cord blood for public use, as defined, for human transplantation and
human research. The bill would require the department to contract
with up to 5 entities, including blood banks that are licensed or
accredited to provide umbilical cord blood banking storage services,
to collect, and make available for transplant or medical research,
umbilical cord blood.

The bill would also establish an implementing committee composed
of specified members to develop policy recommendations for purposes
of implementing the program.

The bill would require the department, in consultation with the
implementing committee, to submit to the Governor and specified
committees of the Legislature, 2 reports on the effectiveness of the
program by January 1, 2013, and January 1, 2018, respectively, and
would require the program to conclude no later than December 31,
2019.

Existing law provides that any funds made available for purposes
of the program shall be deposited into the Umbilical Cord Blood
Collection Program Fund. Existing law provides that moneys in the
fund shall be available, upon appropriation by the Legislature, for
purposes of the program. Existing law provides that the fund shall
include any federal, state, and private funds made available for
purposes of the program.

Existing law requires the collection of a $7 fee for certified
copies of birth certificates.

This bill would, instead, until January 1, 2020, require the
collection of a $9 fee for certified copies of birth certificates and
require that $2 of any $9 fee be paid to the Umbilical Cord Blood
Collection Program Fund. The bill would make other conforming
changes.

Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.

---

LAST HIST. ACT. DATE: 03/09/2009
LAST HIST. ACTION : Re-referred to Com. on HEALTH.
COMM. LOCATION : ASM HEALTH
HEARING DATE : 03/24/2009

[Maggie]

SUBJECT : Umbilical Cord Blood Collection Program.

SUMMARY :

Extends for one year the date by which the Department
of Public Health (DPH) is required to establish the Umbilical
Cord Blood Collection Program (UCBCP), and requires DPH to
contract with up to five licensed or accredited blood banks to
collect and store umbilical cord blood, as specified.
Establishes an implementing committee to provide guidance and
policy suggestions to DPH in implementing the UCBCP and imposes
a temporary $2 fee on specified birth certificates to fund the
program. Specifically, this bill :

1)Makes various findings and declarations related to the
importance of umbilical cord blood in treating many blood
cancers, immunodeficiency conditions, and genetic diseases;
the need for genetic diversity in cord blood and bone marrow
registries to ensure optimal transplant outcomes; and,
California being uniquely positioned because of its high birth
rate and ethnically diverse population to contribute to
efforts to substantially increase the inventory of genetically
diverse cord blood for public use.

2)Extends from January 1, 2010, to January 1, 2011, the date by
which DPH is required to establish the UCBCP.

3)Requires DPH to contract with up to five entities, including
entities that are licensed or accredited to provide umbilical
cord blood collection and data processing, and entities that
are licensed or accredited to provide cord blood banking
storage services, to build an inventory of anonymous umbilical
cord blood units and make the inventory available for
transplant or medical research. Permits DPH to use a
competitive process to identify qualified entities.

4)Requires entities selected pursuant to #3 above to have
experience in blood collection, labeling, storage,
transportation, and distribution. Requires DPH to endeavor to
select entities with demonstrated ability to retrieve
umbilical cord blood from ethnically diverse communities.

5)Requires DPH to ensure that any cord blood bank receiving
funds through the UCBCP complies with existing federal
requirements to ensure that all cord blood units collected can
be listed through the National Cord Blood Inventory (NCBI).

6)Requires a medical provider or research facility to comply
with, and be subject to existing penalties for violations of,
all state and federal laws governing the protection of medical
information and any personally identifiable information
contained in the umbilical cord blood inventory.

7)Requires the UCBCP to meet specified objectives, including all
of the following:

a) Establish criteria for determining which units of
umbilical cord blood may be used for research versus
transplantation and under what circumstances umbilical cord
blood may be used for either purpose;
B) Create collection targets for ethnically diverse
populations based on identified deficiencies in
inventories;
c) Consider a medical contingency response program to
prepare for and respond to specified public health
emergencies requiring treatment with umbilical cord blood;
d) Develop a public awareness campaign, that may include,
but not be limited to, activities described in current law;
e) Increase hospital participation in collection and
storage efforts, and identify funding sources to offset the
financial impact on hospitals;
f) Determine whether the program will require health care
providers to be trained in handling, labeling,
transporting, and storing umbilical cord blood;
g) Determine policy with regard to patient consent, as
specified;
h) Determine whether current law and guidelines governing
donor confidentiality and security of donor information are
sufficient, as specified;
i) Determine whether a sibling donor component would help
achieve the overall inventory goals of the program;
j) Explore the feasibility of operating the program as a
self-funded program; and,
aa) Ensure that the program does not conflict with other
state, national, and international efforts.

8)Requires DPH to make every effort to avoid duplication or
conflicts with existing and ongoing programs and to leverage
existing resources and use its existing authority to promote
the collection, storage, and use of umbilical cord blood and
advise the Legislature of its needs to accomplish these goals.

9)Requires information collected pursuant to the UCBCP to be
confidential and used solely for the program. Limits access
to confidential information to authorized persons who agree,
in writing, to maintain confidentiality.

10)Makes any person who violates a written confidentiality
agreement or who uses confidential information in an
unauthorized manner subject to a maximum civil penalty of
$1,000, as specified.

11)Specifies that an individual to whom the confidential
information pertains shall have access to his or her own
personal information.

12)Establishes within DPH a 15 member implementing committee, to
be composed of specified members, to provide guidance and
policy suggestions to DPH on the implementation of the UCBCP.
Requires the Governor, the Senate Committee on Rules, and the
Speaker of the Assembly to each appoint five members to the
committee. Requires committee members to serve without
compensation, except to be reimbursed for authorized travel
costs and expenses.

13)Requires the implementing committee, by January 1, 2012, to
make initial policy recommendations to DPH, the Legislature,
and the Governor on meeting the objectives in #7 above.

14)Requires DPH, in consultation with the implementing committee
to submit two reports to the Legislature and the Governor on
the effectiveness of the program by January 1, 2013, and
January 1, 2018, respectively.

15)Increases the fee for a certified copy of a birth certificate
from $7 to $9 and requires the additional two dollars to be
deposited in the existing UCBCP Fund.

16)Sunsets the provisions of this bill on January 1, 2020.

[Maggie]

LAST HIST. ACT. DATE: 03/09/2009
LAST HIST. ACTION : Re-referred to Com. on HEALTH.
COMM. LOCATION : ASM HEALTH
COMM. ACTION DATE : 03/24/2009
COMM. ACTION : Do pass as amended and be re-referred to the Committee
on Appropriations.
COMM. VOTE SUMMARY : Ayes: 14 Noes: 02 PASS

[Maggie]

BILL NUMBER: AB 52 AMENDED
BILL TEXT

AMENDED IN ASSEMBLY APRIL 1, 2009
AMENDED IN ASSEMBLY MARCH 5, 2009

INTRODUCED BY Assembly Member Portantino
( Coauthors: Assembly Members
Block, Blumenfield, Buchanan,
and Price )
( Coauthors: Senators
DeSaulnier, Leno, and Maldonado )

DECEMBER 2, 2008

An act to amend Sections 1627, 1628, and 1630 of, to amend,
repeal, and add Sections 102247, 103605, and 103625 of, and to add
Sections 1627.5 and 1627.7 to, the Health and Safety Code, relating
to umbilical cord blood banking , and declaring the urgency
thereof, to take effect immediately .

LEGISLATIVE COUNSEL'S DIGEST

AB 52, as amended, Portantino. Umbilical Cord Blood Collection
Program.

Existing law requires the State Department of Public Health to
establish, by January 1, 2010, and until January 1, 2015, the
Umbilical Cord Blood Collection Program for the purpose of increasing
the amount of umbilical cord blood that is donated in the state and
that will be added to the national inventory. Existing law authorizes
the department, to the extent private or public funds are identified
for this purpose, to contract with blood banks that are licensed or
accredited to provide umbilical cord blood banking storage services,
for the purpose of collecting and storing umbilical cord blood.

This bill would, instead, require the department to establish the
Umbilical Cord Blood Collection Program from January 1, 2011, until
January 1, 2020, for the purpose of collecting and storing umbilical
cord blood for public use, as defined, for human transplantation and
human research. The bill would require the department to contract
with up to 5 entities, including blood banks that are licensed or
accredited to provide umbilical cord blood banking storage services,
to collect, and make available for transplant or medical research,
umbilical cord blood.

The bill would also establish an implementing committee composed
of specified members to develop policy recommendations for purposes
of implementing the program.

The bill would require the department, in consultation with the
implementing committee, to submit to the Governor and specified
committees of the Legislature, 2 reports on the effectiveness of the
program by January 1, 2013, and January 1, 2018, respectively, and
would require the program to conclude no later than December 31,
2019.

Existing law provides that any funds made available for purposes
of the program shall be deposited into the Umbilical Cord Blood
Collection Program Fund. Existing law provides that moneys in the
fund shall be available, upon appropriation by the Legislature, for
purposes of the program. Existing law provides that the fund shall
include any federal, state, and private funds made available for
purposes of the program.

Existing law requires the collection of a $7 fee for certified
copies of birth certificates.

This bill would, instead, until January 1, 2020, require the
collection of a $9 fee for certified copies of birth certificates and
require that $2 of any $9 fee be paid to the Umbilical Cord Blood
Collection Program Fund. The bill would make other conforming
changes.

This bill would declare that it is to take effect immediately as
an urgency statute.

Vote: 2/3 . Appropriation:
no. Fiscal committee: yes. State-mandated local program: no.

[Maggie]

LAST HIST. ACT. DATE: 04/02/2009
LAST HIST. ACTION : Re-referred to Com. on APPR.
COMM. LOCATION : ASM APPROPRIATIONS

[Maggie]

LAST HIST. ACT. DATE: 04/02/2009
LAST HIST. ACTION : Re-referred to Com. on APPR.
COMM. LOCATION : ASM APPROPRIATIONS
HEARING DATE : 04/22/2009

[Maggie]

LAST HIST. ACT. DATE: 04/23/2009
LAST HIST. ACTION : In committee: Set, first hearing. Referred to APPR.
suspense file.
COMM. LOCATION : ASM APPROPRIATIONS
HEARING DATE : 05/28/2009

[Maggie]

BILL NUMBER: AB 52 AMENDED
BILL TEXT

AMENDED IN ASSEMBLY JUNE 2, 2009
AMENDED IN ASSEMBLY APRIL 1, 2009
AMENDED IN ASSEMBLY MARCH 5, 2009

INTRODUCED BY Assembly Member Portantino
(Coauthors: Assembly Members Block, Blumenfield, Buchanan, and
Price)
(Coauthors: Senators DeSaulnier, Leno, and Maldonado)

DECEMBER 2, 2008

An act to amend Sections 1627 and 1628 of, and to amend, repeal, and add
Sections 102247, 103605, and 103625 of, the Health and Safety Code, relating
to umbilical cord blood banking, and declaring the urgency thereof,
to take effect immediately.

LEGISLATIVE COUNSEL'S DIGEST

AB 52, as amended, Portantino. Umbilical Cord Blood Collection
Program.

Existing law requires the State Department of Public Health to
establish, by January 1, 2010, and until January 1, 2015, the
Umbilical Cord Blood Collection Program for the purpose of increasing
the amount of umbilical cord blood that is donated in the state and
that will be added to the national inventory. Existing law authorizes
the department, to the extent private or public funds are identified
for this purpose, to contract with blood banks that are licensed or
accredited to provide umbilical cord blood banking storage services,
for the purpose of collecting and storing umbilical cord blood.

This bill would, instead, require the department to establish the
Umbilical Cord Blood Collection Program from January 1, 2011, until
January 1, 2015 , for the purpose
of collecting and storing umbilical cord blood for public use, as
defined, for human transplantation and human research. The bill would
require the department to contract with up to 5 entities, including
blood banks that are licensed or accredited to provide umbilical cord
blood banking storage services, to collect, and make available for
transplant or medical research, umbilical cord blood.

Existing law provides that any funds made available for purposes
of the program shall be deposited into the Umbilical Cord Blood
Collection Program Fund. Existing law provides that moneys in the
fund shall be available, upon appropriation by the Legislature, for
purposes of the program. Existing law provides that the fund shall
include any federal, state, and private funds made available for
purposes of the program.

Existing law requires the collection of a $7 fee for certified
copies of birth certificates.

This bill would, instead, until January 1, 2015 , require the collection of
an $8 fee for certified copies of birth certificates and
require that $1 of any $8 fee be paid to the Umbilical Cord Blood
Collection Program Fund. The bill would make other conforming
changes.

This bill would declare that it is to take effect immediately as
an urgency statute.

Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.

[Maggie]

LAST HIST. ACT. DATE: 06/03/2009
LAST HIST. ACTION : In Senate. Read first time. To Com. on RLS. for
assignment.
COMM. LOCATION : ASM APPROPRIATIONS
COMM. ACTION DATE : 05/28/2009
COMM. ACTION : Do pass as amended.
COMM. VOTE SUMMARY : Ayes: 13 Noes: 02 PASS

[Maggie]

LAST HIST. ACT. DATE: 06/18/2009
LAST HIST. ACTION : Referred to Com. on HEALTH.
COMM. LOCATION : SEN HEALTH