Ch. 451                                    2004 LAWS OF MARYLAND

Approved May 26, 2004.

CHAPTER 451
(House Bill 398)

AN ACT concerning

Hospitals - Umbilical Cord Blood - Donation

FOR the purpose of requiring each hospital to offer allow pregnant patients the option
of donating arranging for the donation of certain umbilical cord blood to a
certain cord blood bank with a certain exception; prohibiting a patient from
being charged for the collection, storage, or transportation of donated cord blood;
providing that a hospital is not required to collect cord blood from certain
patients in certain circumstances; prohibiting the required collection of cord
blood by certain hospitals and certain hospital employees directly affiliated with
a bona fide religious denomination with certain religious beliefs relating to the
transfer of human blood providing that a hospital or hospital employee may not
be required to collect cord blood if the collection of cord blood conflicts with the
bona fide religious practices and beliefs of the hospital or hospital employee;
providing for the construction of this Act; and generally relating to the donation
of umbilical cord blood through hospitals.

BY adding to

Article - Health - General

Section 19-308.7

Annotated Code of Maryland

(2000 Replacement Volume and 2003 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Health - General

19-308.7.

(A)     UNLESS IT IS MEDICALLY INADVISABLE, EACH HOSPITAL SHALL OFFER
ALLOW A PREGNANT PATIENT THE OPTION OF DONATING TO ARRANGE FOR THE
DONATION OF THE BLOOD EXTRACTED FROM THE UMBILICAL CORD OF THE
PATIENT'S NEWBORN CHILD TO A CERTIFIED PUBLIC CORD BLOOD BANK.

(B)     A PATIENT WHO AGREES TO DONATE CORD BLOOD TO A PUBLIC CORD
BLOOD BANK MAY NOT BE CHARGED FOR THE COSTS OF COLLECTING, STORING, OR
TRANSPORTING THE CORD BLOOD.

(C)     A HOSPITAL IS NOT REQUIRED TO COLLECT CORD BLOOD IF IN THE
PROFESSIONAL JUDGMENT OF A LICENSED PHYSICIAN THE COLLECTION OF THE
CORD BLOOD WOULD THREATEN THE HEALTH OF THE MOTHER OR NEWBORN CHILD.

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