Amended in Senate April 14, 2016

Senate Bill No. 1316

Introduced by Senator Wolk

(Coauthor: Senator Pavley)

(Coauthor: Assembly Member Cristina Garcia)

February 19, 2016

An act begin delete to amend Section 1635 of, and end delete to add begin insert and repeal end insert Article 2.5 (commencing with Section 1642) to Chapter 4.1 of Division 2 of, the Health and Safety Code, relating to tissue banks.

LEGISLATIVE COUNSEL’S DIGEST

SB 1316, as amended, 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 begin delete 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 end delete require a begin delete human milk end delete tissue bank begin insert licensed by the department that end insert begin insert collects, processes, stores, or distributes human milk end insert to, among other things, work with lactation support groups to provide breastfeeding education and lactation support for a begin delete participating end delete mother, begin insert from whom the tissue bank procures human milk, end insert as provided. The bill would prohibit begin delete a human milk end delete begin insert these end insert tissue begin delete bank end delete begin insert banks end insert from, among other things, begin delete procuring human milk from end delete begin insert providing payment to end insert a mother begin insert for human milk the tissue bank procures from her end insert within her first begin delete 180 end delete begin insert 90 end insert days postpartum. The bill would require the department to adopt, on or before January 1, 2018, rules and regulations governing begin delete a human milk end delete begin insert these end insert tissue begin delete bank end delete begin insert banks that, at a minimum, are end insert 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 begin delete a human milk end delete begin insert these end insert tissue begin delete bank end delete begin insert banks end insert 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. begin insert The bill would provide that its provisions remain in effect only until January 1, 2022. end insert

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

The people of the State of California do enact as follows:

begin delete

SECTION 1.  

Section 1635 of the Health and Safety Code is
amended to read:

1635.  

(a) “Donor” means an individual, living or deceased,
from whom tissue is removed.

(b) “Person” means an individual, corporation, business trust,
estate trust, partnership, association, state or local government, or
subdivision or agency thereof, or any other legal entity.

(c) “Tissue” means a human cell, group of cells, including the
cornea, sclera, or vitreous humor and other segments of, or the
whole eye, bones, skin, arteries, sperm, blood, other fluids, and
any other portion of a human body.

(d) “Tissue bank” means a place, establishment, or institution
that collects, processes, stores, or distributes tissue for
transplantation into human beings.

(e) “Transplantation” means the act or process of transferring
tissue, including by ingestion, from a donor to the body of the
donor or another human being.

(f) “Department” means the State Department of Public Health.

(g) “Human milk tissue bank” means a tissue bank that provides
a participating mother with financial compensation for procuring
human milk for the purpose of human consumption.

(h) “Participating mother” means a woman who provides her
human milk to a human milk tissue bank in exchange for financial
compensation.

end delete

begin delete SEC. 2. end delete

begin insert SECTION 1. end insert   

Article 2.5 (commencing with Section 1642) is
added to Chapter 4.1 of Division 2 of the Health and Safety Code,
to read:

 

Article 2.5.  Human Milk begin delete Tissue Banks end delete

 

1642.  

A begin delete human milk end delete tissue bank begin insert licensed by the department
that collects, processes, stores, or distributes human milk end insert shall do
all of the following:

(a) Comply with the Human Milk Banking Association of North
America guidelines for safely procuring, processing, storing, and
distributing human milk, until the department adopts rules and
regulations pursuant to Section 1642.4.

(b) Work with local, community-based or hospital-based
lactation support groups to provide ongoing breastfeeding
education and lactation support for a begin delete participating end delete mother begin insert from
whom the tissue bank procures human milk end insert to ensure that her
nursing children are adequately nourished by her human milk.

(c) Disclose to a begin delete prospective participating end delete mother begin insert who is
considering providing human milk to the tissue bank end insert the purposes
for which the procured milk is used.

1642.2.  

begin insert (a) end insert begin insert   end insert A begin delete human milk end delete tissue bank begin insert that collects, processes,
stores, or distributes human milk end insert shall not begin delete do any of the following: end delete

begin delete (a) end delete begin delete   end delete begin delete Procure end delete begin insert provide payment to a mother for end insert human milk
begin insert procured end insert from begin delete a mother end delete begin insert her end insert within her first begin delete 180 end delete begin insert 90 end insert days
postpartum.

begin delete

(b) Use the term “donor” to describe a participating mother.

end delete begin delete

(c) Use

end delete

begin insert (b) end insert begin insert   end insert begin insert A tissue bank that provides payment to a mother for human
milk shall not use end insert the term “community benefit” to describe itself
or its activities.

1642.4.  

Notwithstanding Section 1639, the department shall
adopt, on or before January 1, 2018, rules and regulations
governing a begin delete human milk end delete tissue bank begin insert licensed by the department
that collects, processes, stores, or distributes human milk that are,
at a minimum, end insert substantially based upon the guidelines of the
Human Milk Banking Association of North America for safely
procuring, processing, storing, and distributing human milk.

1642.6.  

A violation of this article does not constitute a
misdemeanor punishable pursuant to Section 1641.

begin insert

begin insert 1642.8. end insert   

This article shall remain in effect only until January
1, 2022, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2022, deletes or extends
that date.

end insert