SB 1316, as introduced, Wolk. Tissue banks: human milk.
Existing law, with certain exceptions, requires a tissue bank operating in California to have a current valid license issued by the State Department of Public Health. Existing law defines a tissue bank as a place, establishment, or institution that collects, processes, stores, or distributes tissue for transplantation into human beings. Existing law defines tissue to include human bodily fluids, and defines transplantation to include by ingestion. The department may suspend or revoke a tissue bank license for specified reasons. A violation of the provisions regulating tissue banks is a misdemeanor.
This bill would define a “human milk tissue bank” as a tissue bank that provides financial compensation to a participating mother for procuring human milk for the purpose of human consumption, and would define a “participating mother” as a woman who provides her human milk to a human milk tissue bank in exchange for financial compensation. The bill would require a human milk tissue bank to, among other things, work with lactation support groups to provide breastfeeding education and lactation support for a participating mother, as provided. The bill would prohibit a human milk tissue bank from, among other things, procuring human milk from a mother within her first 180 days postpartum. The bill would require the department to adopt, on or before January 1, 2018, rules and regulations governing a human milk tissue bank substantially based upon the guidelines of the Human Milk Banking Association of North America for safely procuring, processing, storing, and distributing human milk, and would require a human milk tissue bank to comply with the latter guidelines until the department adopts those rules and regulations. The bill would provide that a violation of its provisions is not punishable as a misdemeanor under existing law.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 1635 of the Health and Safety Code is
2amended to read:
(a) “Donor” means an individual, living or deceased,
4from whom tissue is removed.
5(b) “Person” means an individual, corporation, business trust,
6estate trust, partnership, association, state or local government, or
7subdivision or agency thereof, or any other legal entity.
8(c) “Tissue” means a human cell, group of cells, including the
9cornea, sclera, or vitreous humor and other segments of, or the
10whole eye, bones, skin, arteries, sperm, blood, other fluids, and
11any other portion of a human body.
12(d) “Tissue bank” means a place, establishment, or institution
13that collects, processes, stores, or distributes tissue for
14transplantation into
human beings.
15(e) “Transplantation” means the act or process of transferring
16tissue, including by ingestion, from a donor to the body of the
17donor or another human being.
18(f) “Department” means the State Department of Public Health.
begin insert
19(g) “Human milk tissue bank” means a tissue bank that provides
20a participating mother with financial compensation for procuring
21human milk for the purpose of human consumption.
22(h) “Participating mother” means a woman who provides her
23human milk to a human milk tissue bank in exchange for financial
24compensation.
Article 2.5 (commencing with Section 1642) is added
2to Chapter 4.1 of Division 2 of the Health and Safety Code, to
3read:
4
A human milk tissue bank shall do all of the following:
8(a) Comply with the Human Milk Banking Association of North
9America guidelines for safely procuring, processing, storing, and
10distributing human milk, until the department adopts rules and
11regulations pursuant to Section 1642.4.
12(b) Work with local, community-based or hospital-based
13lactation support groups to provide ongoing breastfeeding
14education and lactation support for a participating mother to ensure
15that her nursing children are adequately nourished by her human
16milk.
17(c) Disclose to a prospective participating mother the purposes
18for which the procured milk is used.
A human milk tissue bank shall not do any of the
20following:
21(a) Procure human milk from a mother within her first 180 days
22postpartum.
23(b) Use the term “donor” to describe a participating mother.
24(c) Use the term “community benefit” to describe itself or its
25activities.
Notwithstanding Section 1639, the department shall
27adopt, on or before January 1, 2018, rules and regulations
28governing a human milk tissue bank substantially based upon the
29guidelines of the Human Milk Banking Association of North
30America for safely procuring, processing, storing, and distributing
31human milk.
A violation of this article does not constitute a
33misdemeanor punishable pursuant to Section 1641.
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