Bill Text: CA SB1316 | 2015-2016 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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BILL NUMBER: SB 1316	INTRODUCED
	BILL TEXT


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 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 introduced, 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 to,
among other things, work with lactation support groups to provide
breastfeeding education and lactation support for a participating
mother, as provided. The bill would prohibit a human milk tissue bank
from, among other things, procuring human milk from a mother within
her first 180 days postpartum. The bill would require the department
to adopt, on or before January 1, 2018, rules and regulations
governing a human milk tissue bank 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 tissue bank 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.
   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.  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 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 to ensure that her
nursing children are adequately nourished by her human milk.
   (c) Disclose to a prospective participating mother the purposes
for which the procured milk is used.
   1642.2.  A human milk tissue bank shall not do any of the
following:
   (a) Procure human milk from a mother within her first 180 days
postpartum.
   (b) Use the term "donor" to describe a participating mother.
   (c) 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 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.