Schwartz of the House. ( public health and safety - advanced directives - establishing registry - codification - effective date )

Transcription

1 ENGROSSED HOUSE AMENDMENT TO ENGROSSED SENATE BILL NO. By: Lamb of the Senate and Schwartz of the House ( public health and safety - advanced directives - establishing registry - codification - effective date ) AUTHORS: Add the following House Coauthors: Derby, Hamilton, Inman, Kern, Martin (Scott), McDaniel (Randy), Shannon, Terrill, Tibbs, Walker and Wesselhoft AMENDMENT NO. 1. Strike the stricken title, enacting clause and entire bill and insert ( public health and safety - advance directives - establishing registry - codification - effective date ) BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 1. of Title, unless there is created a duplication in numbering, reads as follows:

2 A. The State Department of Health shall establish and maintain an advance directives registry. The registry shall: 1. Be accessible through a web site maintained by the State Department of Health;. Be used to store advance directives pursuant to the Oklahoma Advance Directive Act that are filed with the registry by or with the authorization of the person executing the advance directive; and. Be maintained in a secure database that is designed to provide access to each advance directive filed in the registry by the person who executed the advance directive, any person named as an agent in the advance directive, any person related within the second degree of consanguinity or affinity to the person who executed the advance directive, or a health care provider caring for the person who executed the advance directive. B. The State Board of Health shall adopt rules to implement the creation and maintenance of the advance directives registry and to regulate access to the registry. The Department shall promulgate initial rules no later than one hundred eighty (0) days after the effective date of this act. SECTION. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 1. of Title, unless there is created a duplication in numbering, reads as follows: ENGR. H. A. to ENGR. S. B. NO. Page

3 The State Department of Health shall maintain a web site of advance directive forms that may be downloaded for printing and word processing programs. Under the heading Statutory Advance Directive Form, the web site shall include the forms specified in Section 1. of Title of the Oklahoma Statutes. SECTION. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 1. of Title, unless there is created a duplication in numbering, reads as follows: A. The State Department of Health shall prepare, and from time to time amend, a disclosure statement designed to inform patients of the availability of the advance directive forms on its web site and of the option of filing executed advance directives with its advance directives registry. It shall make the current disclosure statement available on its web site and shall inform those entities to which the obligation imposed by subsection B of this section applies of the availability of the disclosure statement and how to obtain it. B. Any entity to which the requirements of U.S.C., Section cc(f) or of U.S.C., Section a(w) apply shall, at the time of providing the written information required by U.S.C., Section cc(f)(1)(a)(i) or U.S.C., Section a(w)(1)(a)(i), include a copy of the disclosure statement described in subsection A of this section. No such entity may condition the provision of health care ENGR. H. A. to ENGR. S. B. NO. Page

4 to any person on the filing by or on behalf of that person of an advance directive with the advance directives registry. SECTION. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section of Title, unless there is created a duplication in numbering, reads as follows: A. On or before January 1, 0, the University of Oklahoma Health Sciences Center, in collaboration with a private blood donor or private blood bank organization, shall establish, operate and maintain a public umbilical cord blood bank for the purpose of collecting and storing umbilical cord blood and placental tissue donated by maternity patients at hospitals licensed in this state. B. On or before January 1, 0, the University of Oklahoma Health Sciences Center shall establish a program to educate maternity patients with respect to the subject of cord blood banking. The program shall provide maternity patients with sufficient information to make an informed decision on whether or not to participate in a private or public umbilical cord blood banking program and shall include, but not be limited to, explanations and information on: 1. The difference between public and private umbilical cord blood banking;. The medical process involved in umbilical cord blood banking; ENGR. H. A. to ENGR. S. B. NO. Page

5 . The current and potential future medical uses of stored umbilical cord blood;. The benefits and risks involved in banking umbilical cord blood; and. The availability and cost of storing umbilical cord blood and placental tissue in public and private umbilical cord blood banks. C. 1. Each physician licensed in this state and each hospital licensed in this state shall inform each pregnant patient under the physician s or hospital s care, not later than thirty (0) days from the commencement of the patient s third trimester of pregnancy, of the opportunity to donate to the public umbilical cord blood bank, established under subsection A of this section, blood and tissue extracted from the umbilical cord and placenta, following delivery of a newborn child, at no cost to the patient.. Nothing in this section shall be construed to: a. obligate a hospital to collect umbilical cord blood or placental tissue if, in the professional judgment of a physician licensed in this state, the collection would threaten the health of the mother or child, b. prohibit a maternity patient from donating or storing blood extracted from the umbilical cord or placenta of the patient s newborn child to a private umbilical cord blood and placental tissue bank, or ENGR. H. A. to ENGR. S. B. NO. Page

6 c. impose a requirement upon attending medical personnel who object to umbilical cord blood or placental tissue donation as being in conflict with their religious tenets and practice. SECTION. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section of Title, unless there is created a duplication in numbering, reads as follows: A. On or before January 1, 0, the State Department of Health, in collaboration with a private blood donor or private blood bank organization, shall establish, operate and maintain a public umbilical cord blood bank for the purpose of collecting and storing umbilical cord blood and placental tissue donated by maternity patients at hospitals licensed in this state. B. On or before January 1, 0, the State Department of Health, in collaboration with a private blood donor or private blood bank organization shall establish a program to educate maternity patients with respect to the subject of cord blood banking. The program shall provide maternity patients with sufficient information to make an informed decision on whether or not to participate in a private or public umbilical cord blood banking program and shall include, but not be limited to, explanations and information on: 1. The difference between public and private umbilical cord blood banking; ENGR. H. A. to ENGR. S. B. NO. Page

7 . The medical process involved in umbilical cord blood banking;. The current and potential future medical uses of stored umbilical cord blood;. The benefits and risks involved in banking umbilical cord blood; and. The availability and cost of storing umbilical cord blood and placental tissue in public and private umbilical cord blood banks. C. 1. Each physician licensed in this state and each hospital licensed in this state shall inform each pregnant patient under the physician s or hospital s care, not later than thirty (0) days from the commencement of the patient s third trimester of pregnancy, of the opportunity to donate to the public umbilical cord blood bank, established under subsection A of this section, blood and tissue extracted from the umbilical cord and placenta, following delivery of a newborn child, at no cost to the patient.. Nothing in this section shall be construed to: a. obligate a hospital to collect umbilical cord blood or placental tissue if, in the professional judgment of a physician licensed in this state, the collection would threaten the health of the mother or child, b. prohibit a maternity patient from donating or storing blood extracted from the umbilical cord or placenta of ENGR. H. A. to ENGR. S. B. NO. Page

8 the patient s newborn child to a private umbilical cord blood and placental tissue bank, or c. impose a requirement upon attending medical personnel who object to umbilical cord blood or placental tissue donation as being in conflict with their religious tenets and practice. SECTION. This act shall be known as the Danielle Martinez Act. SECTION. This act shall become effective November 1, 0. Passed the House of Representatives the th day of April, 0. Presiding Officer of the House of Representatives Passed the Senate the day of, 0. Presiding Officer of the Senate ENGR. H. A. to ENGR. S. B. NO. Page