Fla. Stat. § 381.06016 — Florida Code / Title XXIX / Chapter 381 / Section 381.06016
381.06016 Umbilical cord blood awareness.
Status: in_force

(1) The Department of Health shall make publicly available, by posting on its Internet website, resources and an Internet website link to materials relating to umbilical cord blood which have been developed by the Parent’s Guide to Cord Blood Foundation, Inc., including: (a) An explanation of the potential value and uses of umbilical cord blood, including cord blood cells and stem cells, for individuals who are, as well as individuals who are not, biologically related to a mother or her newborn child. (b) An explanation of the differences between using one’s own cord blood cells and using biologically related or biologically unrelated cord blood stem cells in the treatment of disease. (c) An explanation of the differences between public and private umbilical cord blood banking. (d) The options available to a mother relating to stem cells that are contained in the umbilical cord blood after the delivery of her newborn, including: 1. Donating the stem cells to a public umbilical cord blood bank where facilities are available; 2. Storing the stem cells in a private family umbilical cord blood bank for use by immediate and extended family members; 3. Storing the stem cells for use by family members through a family or sibling donor banking program that provides free collection, processing, and storage if there is an existing medical need; and 4. Discarding the stem cells. (e) The medical processes involved in the collection of cord blood. (f) Criteria for medical or family history that can impact a family’s consideration of umbilical cord blood banking, including the likelihood of using a baby’s cord blood to serve as a match for a family member who has a medical condition. (g) Options for ownership and future use of donated umbilical cord blood. (h) The average cost of public and private umbilical cord blood banking. (i) The availability of public and private cord blood banks to residents of this state, including: 1. A list of public cord blood banks and the hospitals served by such blood banks; 2. A list of private cord blood banks that are available; and 3. The availability of free family banking and sibling donor programs if there is an existing medical need by a family member. (j) An explanation of which racial and ethnic groups are in particular need of publicly donated cord blood samples based upon medical data developed by the Health Resources and Services Administration of the United States Department of Health and Human Services.

(2) The Department of Health shall encourage health care providers who provide health care services that are directly related to a woman’s pregnancy to make available to a pregnant patient before her third trimester of pregnancy, or, if later, at the first visit of such patient to the provider, information listed under subsection (1) which relates to the patient’s options regarding umbilical cord blood banking.

(3) A health care provider or a health care facility, or any employee or agent thereof, is not liable for damages in a civil action, subject to prosecution in a criminal proceeding, or subject to disciplinary action by the appropriate regulatory board for acting in good faith to comply with the provisions of this section.

History: s. 1, ch. 2011-154.