ROBERT L. EHRLICH, JR., Governor                             Ch. 450

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
PATIENTS 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.

(D)     ANY A HOSPITAL OR ANY HOSPITAL EMPLOYEE, INCLUDING PHYSICIANS,
NURSES, AND OTHER MEDICAL STAFF, THAT ARE DIRECTLY AFFILIATED WITH A
BONA FIDE RELIGIOUS DENOMINATION, THAT. INCLUDES AS AN INTEGRAL PART OF
ITS BELIEFS AND PRACTICES THE TENET THAT BLOOD TRANSFER IS CONTRARY TO
THE MORAL PRINCIPLES THAT THE DENOMINATION CONSIDERS TO BE AN
ESSENTIAL PART OF ITS BELIEFS A PHYSICIAN, NURSE, OR OTHER MEDICAL STAFF,
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.

(E)     THIS SECTION MAY NOT BE CONSTRUED TO REQUIRE A HOSPITAL TO
ARRANGE FOR THE DONATION OF BLOOD EXTRACTED FROM UMBILICAL CORDS.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take
effect October 1, 2004.

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