Bill Text: CA SB1316 | 2015-2016 | Regular Session | Amended
Bill Title: Tissue banks: human milk.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Failed) 2016-11-30 - From committee without further action. [SB1316 Detail]
Download: California-2015-SB1316-Amended.html
BILL NUMBER: SB 1316 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 14, 2016
INTRODUCED BY Senator Wolk
(Coauthor: Senator Pavley)
(Coauthor: Assembly Member Cristina Garcia)
FEBRUARY 19, 2016
An act to amend Section 1635 of, and to add
and repeal 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 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 licensed by the department that
collects, processes, stores, or distributes human milk to,
among other things, work with lactation support groups to provide
breastfeeding education and lactation support for a
participating mother, from whom the tissue bank
procures human milk, as provided. The bill would prohibit
a human milk these tissue bank
banks from, among other things,
procuring human milk from providing payment to a
mother for human milk the tissue bank procures from her
within her first 180 90 days
postpartum. The bill would require the department to adopt, on or
before January 1, 2018, rules and regulations governing a
human milk these tissue bank
banks that, at a minimum, are 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 these
tissue bank banks 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.
The bill would provide that its provisions remain in effect only
until January 1, 2022.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
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.
SEC. 2. SECTION 1. 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 Tissue Banks
1642. A human milk tissue bank licensed
by the department that collects, processes, stores, or distributes
human milk 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 participating mother
from whom the tissue bank procures human milk to ensure that
her nursing children are adequately nourished by her human milk.
(c) Disclose to a prospective participating
mother who is considering providing human milk to the tissue
bank the purposes for which the procured milk is used.
1642.2. (a) A human milk
tissue bank that collects, processes, stores, or distributes
human milk shall not do any of the following:
(a) Procure
provide payment to a mother for human milk
procured from a mother her within
her first 180 90 days postpartum.
(b) Use the term "donor" to describe a participating mother.
(c) Use
(b) A tissue bank that provides payment
to a mother for human milk shall not use 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
human milk tissue bank licensed by the
department that collects, processes, stores, or distributes human
milk that are, at a minimum, 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.
1642.8. 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.
