MISSISSIPPI LEGISLATURE
2011 Regular Session
To: Public Health and Human Services
By: Representatives Banks, Fredericks
AN ACT TO BE KNOWN AS THE "NEWBORN UMBILICAL CORD BLOOD INITIATIVE ACT"; TO MAKE CERTAIN LEGISLATIVE FINDINGS ABOUT STEM CELL RESEARCH AND THERAPIES; TO DEFINE CERTAIN TERMS FOR THE PURPOSES OF THE ACT; TO CREATE THE MISSISSIPPI COMMISSION FOR THE NEWBORN UMBILICAL CORD BLOOD INITIATIVE; TO PROVIDE FOR THE APPOINTMENT OF THE MEMBERS OF THE COMMISSION; TO PROVIDE FOR THE POWERS AND DUTIES OF THE COMMISSION; TO PROVIDE THAT THE COMMISSION SHALL ESTABLISH A NETWORK OF POSTNATAL TISSUE AND FLUID BANKS IN PARTNERSHIP WITH COLLEGES OR UNIVERSITIES, PRIVATE HOSPITALS, NONPROFIT ORGANIZATIONS, OR PRIVATE FIRMS FOR THE PURPOSE OF COLLECTING AND STORING POSTNATAL TISSUE AND FLUID, WHICH SHALL BE KNOWN AS THE NEWBORN UMBILICAL CORD BLOOD BANK; TO PROVIDE THAT THE BLOOD BANK SHALL MAKE THAT TISSUE AND FLUID AVAILABLE FOR SCIENTIFIC RESEARCH AND MEDICAL TREATMENT IN ACCORDANCE WITH THIS ACT; TO AUTHORIZE ANY PERSON GIVING BIRTH TO A CHILD IN THIS STATE TO CONTRIBUTE POSTNATAL TISSUE AND FLUID TO THE BLOOD BANK; TO PROVIDE THAT THE COMMISSION SHALL DEVELOP A PROGRAM TO EDUCATE PREGNANT PATIENTS WITH RESPECT TO THE BANKING OF POSTNATAL TISSUE AND FLUID; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This act shall be known and may be cited as the "Newborn Umbilical Cord Blood Initiative Act."
SECTION 2. The Legislature finds and declares that:
(a) Over one hundred million (100,000,000) Americans and two billion (2,000,000,000) other humans worldwide suffer from diseases that may eventually be treated more effectively or even cured with stem cells;
(b) Stem cell research has been hampered by the controversy over embryonic stem cells;
(c) Stem cells are not found only in embryos;
(d) The umbilical cord, placenta, and amniotic fluid are rich in stem cells that may be used for scientific research and medical treatment without destroying embryos;
(e) Stem cell research using stem cells from postnatal tissue and fluid has already resulted in treatments for anemia, leukemia, lymphoma, lupus, multiple sclerosis, rheumatoid arthritis, sickle cell disease, spinal cord injury, and Crohn's disease;
(f) Stem cell therapies using stem cells from postnatal tissue and fluid are being studied for diseases as wide-ranging and diverse as corneal degeneration, heart disease, stroke, Parkinson's disease, and Alzheimer's disease; and
(g) It shall be the public policy of this state to encourage the donation, collection, and storage of stem cells collected from postnatal tissue and fluid and to make those stem cells available for both scientific research and medical treatment. It shall be the public policy of this state to encourage ethical research in life science and regenerative medicine.
SECTION 3. As used in this act, unless the context otherwise requires:
(a) "Amniotic fluid" means the fluid inside the amnion;
(b) "Commission" means the Mississippi Commission for the Newborn Umbilical Cord Blood Initiative;
(c) "Nonembryonic stem cell research" means medical research involving stem cells that have not been derived from a human embryo or fetus; and for this purpose the single-celled stage of development shall be included as an embryo;
(d) "Placenta" means the organ that forms on the inner wall of the human uterus during pregnancy;
(e) "Postnatal tissue and fluid" means the placenta, umbilical cord, and amniotic fluid expelled or extracted in connection with the birth of a human being;
(f) "Stem cells" means unspecialized or undifferentiated cells that can self replicate and have the potential to differentiate into specialized cell types; and
(g) "Umbilical cord" means the gelatinous tissue and blood vessels connecting an unborn human being to the placenta.
SECTION 4. (1) There is created the Mississippi Commission for the Newborn Umbilical Cord Blood Initiative, which shall consist of fifteen (15) members appointed as provided in this section.
(2) Seven (7) members shall be appointed by the Governor, one (1) of whom shall be a representative of a public college, university, or medical school. The Governor shall appoint four (4) members to serve initial terms of three (3) years and three (3) members to serve initial terms of two (2) years. Thereafter, successors to the initial appointees shall serve terms of three (3) years from the expiration date of the previous term. The Governor shall designate one (1) of the persons so appointed to be the chair of the commission.
(3) (a) Four (4) members shall be appointed by the Lieutenant Governor. Of these four (4) members, there shall be at least one (1) of each of the following:
(i) A physician licensed to practice medicine in this state;
(ii) A recognized medical ethicist with an accredited degree in medicine, medical ethics, or theology;
(iii) A scientific researcher in stem cell research; and
(iv) An attorney with experience in public health or biotechnology law.
(b) The Lieutenant Governor shall appoint two (2) members to serve initial terms of three (3) years and two (2) members to serve initial terms of two (2) years. Thereafter, successors to the initial appointees shall serve terms of three (3) years from the expiration date of the previous term.
(4) (a) Four (4) members shall be appointed by the Speaker of the House of Representatives. Of these four (4) members, there shall be at least one (1) of each of the following:
(i) A physician licensed to practice medicine in this state;
(ii) A recognized medical ethicist with an accredited degree in medicine, medical ethics, or theology;
(iii) A scientific researcher in stem cell research; and
(iv) An attorney with experience in public health or biotechnology law.
(b) The Speaker of the House of Representatives shall appoint two (2) members to serve initial terms of three (3) years and two (2) members to serve initial terms of two (2) years. Thereafter, successors to the initial appointees shall serve terms of three (3) years from the expiration date of the previous term.
(5) Members of the commission shall be eligible to succeed themselves. The initial terms of office shall begin on July 1, 2011. Appointments shall be made by the respective appointing authorities no later than June 15, 2011. Thereafter, appointments
of successors shall be made by the respective appointing authority no later than June 1 of the year in which the member's term of office expires. Vacancies shall be filled for the unexpired term by the respective appointing authority.
(6) The commission shall meet at least four (4) times per year at the call of the chair or upon the request of at least seven (7) of its members.
(7) The commission shall have the following duties and responsibilities:
(a) To investigate the implementation of this act and to recommend any improvements to the Legislature;
(b) To make available to the public the records of all meetings of the commission and of all business transacted by the commission;
(c) To oversee the operations of the Newborn Umbilical Cord Blood Bank established in Section 5 of this act, including approving all fees established to cover administration, collection, and storage costs;
(d) To undertake the newborn umbilical cord blood initiative by promoting awareness of the Newborn Umbilical Cord Blood Bank and encouraging donation of postnatal tissue and fluid to the bank;
(e) To ensure the privacy of persons who donate umbilical cord blood and placental tissue to the Newborn Umbilical Cord Blood Bank under Section 5(1)(c) consistent with applicable federal guidelines;
(f) To develop a plan for making postnatal tissue and fluid collected under the newborn umbilical cord blood initiative available for scientific research and medical treatment and to ensure compliance with all relevant national practice and quality standards relating to that use;
(g) To develop a plan for private storage of postnatal tissue and fluid for medical treatment or to make potential donors aware of private storage options for that tissue and fluid as deemed in the public interest;
(h) To participate in the National Cord Blood Program and to register postnatal tissue and fluid collected with registries operating in connection with the program;
(i) To employ any staff and to enter into any contracts as may be necessary to fulfill its duties and responsibilities under this act, subject to funding by the Legislature; and
(j) To report annually to the Legislature in December of each year concerning the activities of the commission with recommendations for any legislative changes or funding necessary or desirable to fulfill the goals of this act.
(8) The commission shall provide for protection from disclosure of the identity of persons making donations to the Newborn Umbilical Cord Blood Bank under Section 5(1)(c) and their identity shall not be a public record subject to disclosure under the provisions of the Mississippi Public Records Act of 1983.
(9) The commission may request additional funding from any additional source including, but not limited to, federal and private grants.
(10) The commission may establish a separate not-for-profit organization or foundation for the purposes of supporting the Newborn Umbilical Cord Blood Bank created under Section 5 of this act.
SECTION 5. (1) (a) (i) Not later than June 30, 2012, the commission shall establish a network of postnatal tissue and fluid banks in partnership with one or more public or private colleges or universities, public or private hospitals, nonprofit organizations, or private firms in this state for the purpose of collecting and storing postnatal tissue and fluid.
(ii) The commission shall consult with the State Department of Health, the Board of Trustees of State Institutions of Higher Learning, the Mississippi Association of Independent Colleges, the State Board for Community and Junior Colleges, the University of Mississippi Medical Center and the Mississippi Hospital Association when selecting the colleges, universities, hospitals, organizations, and firms for the partnership established under subparagraph (i) of this paragraph (a).
(b) The network, which shall be known as the Newborn Umbilical Cord Blood Bank, shall make that tissue and fluid available for scientific research and medical treatment in accordance with this act.
(c) Any person giving birth to a child in this state may contribute postnatal tissue and fluid to the Newborn Umbilical Cord Blood Bank.
(2) The commission shall develop a program to educate pregnant patients with respect to the banking of postnatal tissue and fluid. The program shall include:
(a) An explanation of the difference between public and private banking programs;
(b) The medical process involved in the collection and storage of postnatal tissue and fluid;
(c) The current and potential future medical uses of stored postnatal tissue and fluid;
(d) The benefits and risks involved in the banking of postnatal tissue and fluid; and
(e) The availability and cost of storing postnatal tissue and fluid in public and private umbilical cord blood banks.
SECTION 6. This act shall take effect and be in force from and after its passage.