§ 130A-128.1. Department to provide free educational information about umbilical cord stem cells and umbilical cord blood banking. - North Carolina Statutes

§ 130A‑128.1. Department to provide free educational information about umbilical cord stemcells and umbilical cord blood banking.

(a)        As used in thissection:

(1)        Health careprofessional. – A person who is licensed pursuant to Chapter 90 of the General Statutesto practice as a physician, physician assistant, or registered nurse or who isapproved pursuant to Chapter 90 of the General Statutes to practice midwifery.

(2)        Umbilical cordblood. – The blood that remains in the umbilical cord and placenta after thebirth of a newborn child.

(b)        Effective January1, 2010, the Department of Health and Human Services shall make available freeof charge to the general public on its Internet Web site printablepublications, in a format that can be downloaded, containing medically accurateinformation regarding umbilical cord stem cells and umbilical cord bloodbanking that is sufficient to allow a pregnant woman to make an informeddecision about whether to participate in a public or private umbilical cordblood banking program. The publications shall include at least all of thefollowing information:

(1)        An explanation ofthe medical processes involved in the collection of umbilical cord blood.

(2)        An explanation ofany risks associated with umbilical cord blood collection to the mother and thenewborn child.

(3)        The optionsavailable to a mother regarding stem cells contained in the umbilical cordblood after delivery of the mother's newborn child, including:

a.         Having the stemcells discarded.

b.         Donating the stem cellsto a public umbilical cord blood bank.

c.         Storing the stemcells in a private umbilical cord blood bank for use by immediate and extendedfamily members.

d.         Storing the stemcells for use by the family through a family or sibling donor banking programthat provides free collection, processing, and storage of the stem cells wherethere is a medical need.

(4)        The current andpotential future medical uses, risks, and benefits of umbilical cord bloodcollection to (i) the mother, newborn child, and biological family and (ii)individuals who are not biologically related to the mother or newborn child.

(5)        An explanation ofthe differences between public and private umbilical cord blood banking.

(6)        Options forownership and future use of the donated umbilical cord blood.

(c)        The Department maysatisfy the requirements of subsection (b) of this section by including on itsInternet Web site a link to a federally sponsored Internet Web site that NorthCarolina citizens may access so long as the federally sponsored Internet Website contains all of the information specified in subdivisions (1) through (6)of subsection (b) of this section.

(d)        The Departmentshall encourage health care professionals who provide health care services thatare directly related to a woman's pregnancy to provide each woman with thepublications described in subsection (b) of this section prior to the woman'sthird trimester of pregnancy.

(e)        A health careprofessional or health care institution shall not be liable for damages in acivil action, subject to prosecution in a criminal proceeding, or subject todisciplinary action by the North Carolina Medical Board or the North CarolinaBoard of Nursing for acting in good faith with respect to informing a pregnantwoman prior to her third trimester of pregnancy about the publicationsdescribed in subsection (b) of this section.  (2009‑67, s. 1; 2009‑570, s. 43.1.)