BILL ANALYSIS
AB 52
Page 1
ASSEMBLY THIRD READING
AB 52 (Portantino)
As Amended June 2, 2009
2/3 vote. Urgency
HEALTH 14-2 APPROPRIATIONS 13-2
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|Ayes:|Jones, Ammiano, Block, |Ayes:|De Leon, Nielsen, |
| |Carter, De La Torre, | |Ammiano, |
| |De Leon, Emmerson, Hall, | |Charles Calderon, Davis, |
| |Hayashi, Hernandez, | |Fuentes, Hall, John A. |
| | Bonnie Lowenthal, Nava, | |Perez, Price, Skinner, |
| | V. Manuel | |Solorio, Torlakson, |
| |Perez, Salas | |Krekorian |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Gaines, Audra Strickland |Nays:|Duvall, Audra Strickland |
| | | | |
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SUMMARY : Extends for one year the date by which the Department
of Public Health (DPH) is required to establish the Umbilical
Cord Blood Collection Program (UCBCP); and, requires DPH to
contract with up to five licensed or accredited blood banks to
collect and store umbilical cord blood, as specified. Imposes a
temporary $1 fee on specified birth certificates to fund the
program. Contains an urgency clause to ensure that the
provisions of this bill go into immediate effect upon enactment.
Specifically, this bill :
1)Extends from January 1, 2010, to January 1, 2011, the date by
which DPH is required to establish the UCBCP.
2)Requires DPH to contract with up to five entities, including
entities that are licensed or accredited to provide umbilical
cord blood collection and data processing, and entities that
are licensed or accredited to provide cord blood banking
storage services, to build an inventory of anonymous umbilical
cord blood units and make the inventory available for
transplant or medical research. Permits DPH to use a
competitive process to identify qualified entities.
3)Requires entities selected pursuant to 2) above to have
experience in blood collection, labeling, storage,
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transportation, and distribution. Requires DPH to endeavor to
select entities with demonstrated ability to retrieve
umbilical cord blood from ethnically diverse communities.
4)Requires DPH to ensure that any cord blood bank receiving
funds through the UCBCP complies with existing federal
requirements to ensure that all cord blood units collected can
be listed through the National Cord Blood Inventory (NCBI).
5)Requires a medical provider or research facility to comply
with, and be subject to existing penalties for violations, of
all state and federal laws governing the protection of medical
information and any personally identifiable information
contained in the umbilical cord blood inventory.
6)Requires DPH to make every effort to avoid duplication or
conflicts with existing and ongoing programs and to leverage
existing resources and use its existing authority to promote
the collection, storage, and use of umbilical cord blood and
advise the Legislature of its needs to accomplish these goals.
7)Requires information collected pursuant to the UCBCP to be
confidential and used solely for the program. Limits access
to confidential information to authorized persons who agree,
in writing, to maintain confidentiality.
8)Makes any person who violates a written confidentiality
agreement or who uses confidential information in an
unauthorized manner subject to a maximum civil penalty of
$1,000, as specified.
9)Specifies that an individual to whom the confidential
information pertains shall have access to his or her own
personal information.
10)Increases the fee for a certified copy of a birth certificate
from $7 to $8; and, requires the additional $1 to be deposited
in the existing UCBCP Fund.
11)Sunsets the provisions of this bill on January 1, 2015.
EXISTING LAW :
1)Requires DPH to establish the UCBCP by January 1, 2010, and
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until January 1, 2015, for the purpose of increasing the
amount of umbilical cord blood that is donated in the state
and added to the NCBI.
2)Authorizes the UCBCP, to the extent private or public funds
are identified and secured for these purposes, to identify and
provide funds for grants or contracts with qualified blood
banks that are licensed and accredited to collect and store
umbilical cord blood for public transplantation services.
Permits DPH to implement any additional standards for blood
banks to collect and store umbilical cord blood through the
adoption of regulations.
3)Requires DPH, contingent upon private funding, to conduct the
Umbilical Cord Blood Community Awareness Campaign to provide
awareness, assistance, and information regarding umbilical
cord blood banking options using brochures, television, print
media, radio, the Internet, outdoor advertising, and other
media; establish an Internet Web site with specified
information; and, undertake public education activities
related to umbilical cord blood donation to targeted
populations, as appropriate.
FISCAL EFFECT : According to the Assembly Appropriations
Committee:
1)Increased annual special fund revenues and expenditures of
$1.5 million as a result of a $1 increased fee on 1.5 million
certified birth certificates each year until 2015. Revenues
will change with changes in California's birth rate or demand
for the vital records documents. Fee revenues will support
the activities of contracted blood banks. Private blood banks
currently charge $1,000 to $2,000 in one-time collection fees
and $50 to $150 in annual storage fees. Public blood banks do
not charge collection and storage fees on cord blood available
for public use.
2)Unknown DPH fee supported special fund staffing costs to
support the requirements of this bill. Recent amendments
narrow the scope of DPH requirements substantially.
COMMENTS : The author states that the NCBI currently lacks
ethnic and multiracial cord blood and the UCBCP is intended to
collect cord blood for public use and increase the volume of
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cord blood that can be added to the national inventory.
According to the author, this bill prescribes important
requirements relating to donor confidentiality protections, an
implementing committee, minimum program standards, reporting
requirements, and a temporary $2 funding mechanism, that are
needed to fully implement the UCBCP. The author believes this
bill will ensure that collections from California's ethnically
diverse communities will help to address shortages in cord blood
donations from minority groups and increase the likelihood of
transplant patients finding suitable donor matches.
According to information from the National Marrow Donor Program
(NMDP), cord blood refers to the blood collected from the
umbilical cord and placenta after a baby is born. Cord blood is
one of three sources of cells used in transplants; the other two
are bone marrow and peripheral blood stem cells. The NMDP
estimates that, on any given day, more than 6,000 patients
around the world are searching the NMDP's registry for a
matching bone marrow or cord blood donor. Patients are more
likely to match someone who shares their racial and ethnic
heritage. The NMDP reports that in 2008, 36% of the 90,000 cord
blood units in its registry went to patients from racially or
ethnically diverse communities and the need for cord blood
donations from these populations remains high.
Public and private banks provide for the collection and storage
of cord blood. Public banks promote related and unrelated
donation, similar to the current collection of whole blood units
in the United States., for transplantation or research purposes.
Private banks store cord blood from an individual for
subsequent use by the same individual or his or her family
members should the need arise. Private banks typically charge
between $1,000 and $2,000 in collection fees and between $50 and
$150 annually for storage. Public banks do not charge for cord
blood that is donated for public use. According to the NMDP,
there are currently two participating public banks in
California: StemCyte International Cord Blood Center in West
Covina, which provides both public and private banking services;
and, Children's Hospital of Orange County Cord Blood Bank.
According to the nonprofit Parent's Guide to Cord Blood
Foundation, there are currently four private banks operating in
the state: CordBancUSA in Monterey; Cord Blood America and
FamilyCord, both based in Los Angeles; and, Cord Blood Registry
in San Bruno.
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The sponsor of this bill, the American College of Obstetricians
and Gynecologists, asserts that this bill builds on the
highly-supported UCBCP to increase public banking of cord blood.
The Blood Centers of California point out that the continuing
lack of multi-ethnic cord blood donations is a pressing issue
for many patients in need of transplants and this bill will help
to increase the supply of cord blood units to ensure more
compatible matches are available. The California Medical
Association adds that this bill aims to improve collection of a
genetically diverse cord blood supply that mirrors California's
population for public use. Lastly, the American Federation of
State, County and Municipal Employees states that it is
important to utilize this valuable resource for the benefit of
persons with certain blood deficiencies and genetic diseases.
Analysis Prepared by : Cassie Rafanan / HEALTH / (916)
319-2097
FN: 0001373