32.1-69.3 - Virginia Cord Blood Bank Initiative established.
§ 32.1-69.3. Virginia Cord Blood Bank Initiative established.
A. There is hereby established the Virginia Cord Blood Bank Initiative(hereinafter referred to as the Initiative) as a public resource for thetreatment of patients with life-threatening diseases or debilitatingconditions, for use in advancing basic and clinical research, and, in theevent of a terrorist attack, to be used in the treatment of the injured.
The Initiative shall be established as a nonprofit legal entity to collect,screen for infectious and genetic diseases, perform tissue typing on,cryopreserve, and store umbilical cord blood as a public resource and shallbe formed as a collaborative consortium that covers all geographical regionsof Virginia.
B. The State Health Commissioner shall develop or shall arrange for orcontract with a nonprofit entity for the development of the collaborativeconsortium to be known as the Initiative, which may consist of any entityhaving the expertise or experience or willingness to develop the expertise orexperience necessary to participate in the Initiative.
C. In developing the consortium, the Commissioner shall ensure that allgeographical areas of the Commonwealth are included in the Initiative. Toaccomplish this goal, the Commissioner shall contact Eastern Virginia MedicalSchool and its participating hospitals, Virginia Commonwealth UniversitySchool of Medicine, Virginia Commonwealth University Health System, theUniversity of Virginia School of Medicine, the University of Virginia HealthSystem, and other entities located in Virginia, such as hospitals andhospital systems, biotechnology companies, regional blood banks,laboratories, or other health care providers or medical researchers, or localcoalitions of health care providers that could provide coverage of thevarious geographical regions of Virginia, to request their participation inthe Initiative consortium and assist in the design and implementation of theInitiative.
D. Any nonprofit entity having an arrangement or contract with theCommissioner for the development of the Initiative and any medical school,hospital, or other health care provider choosing to participate in theInitiative shall submit an estimate of the costs of implementing theInitiative for the region in which it is located. The Commissioner shallassist in the development of the cost estimates, compare and evaluate suchestimates, and negotiate with the various entities to implement theInitiative.
Further, the Commissioner shall coordinate (i) appropriate contact withpregnant women to provide information about umbilical cord blood donations;(ii) the development of procedures for obtaining informed consent for cordblood donations; (iii) the design of the Initiative, including the period ofyears for storage of the cord blood to ensure the integrity of the cells;(iv) a system for recycling the blood at the end of the established storageperiod that provides for the sale or transfer of the cord blood samples beingtaken out of storage to be used in basic or clinical research development atreasonable rates and fees for cord blood products.
E. The entities joining the Initiative shall work collaboratively, each withthe community resources in its local or regional area. The Initiativeparticipants shall align their outreach programs and activities to allgeographic areas and ethnic and racial groups of the Commonwealth, and shallconduct specific and culturally appropriate outreach and research to identifypotential donors among all ethnic and racial groups.
F. The Commissioner shall disseminate information about the Initiative,focusing on hospitals, birthing facilities, physicians, midwives, and nurses,and providing information through local health departments.
Initiative consortium participants shall also be encouraged to disseminateinformation about the Initiative.
In addition, the Director of the Department of Medical Assistance Servicesshall include information about the Initiative in printed materialsdistributed by the Department to recipients of medical assistance servicesand persons enrolled in the Family Access to Medical Insurance Security Plan.
G. Any woman admitted to a hospital or birthing facility for obstetricalservices may be offered the opportunity to donate umbilical cord blood to theInitiative. However, no woman shall be required to make a cord blood donation.
H. Any health care facility or health care provider receiving financialremuneration for the collection of umbilical cord blood shall, prior toharvesting the umbilical cord blood, disclose this information in writing toany woman postpartum or to the parent of a newborn from whom the umbilicalcord blood is to be collected.
I. This section shall not be construed to require participation in theInitiative on the part of any health care facility or health care providerwho objects to transfusion or transplantation of blood on the basis of bonafide religious beliefs.
J. The Initiative shall be implemented with such funds as may be appropriatedor otherwise provided for its purpose. Upon implementation, the Commissionershall initiate the development of a nonprofit entity to assume the operationand administration of the Initiative and may seek federal, state, and privategrant funds for its continuation.
(2006, cc. 636, 735; 2008, c. 285.)