Full Text of SB1324 95th General Assembly
SB1324sam002 95TH GENERAL ASSEMBLY
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Sen. Jeffrey M. Schoenberg
Filed: 3/23/2007
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| AMENDMENT TO SENATE BILL 1324
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| AMENDMENT NO. ______. Amend Senate Bill 1324 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. If and only if Senate Bill 19 of the 95th | 5 |
| General Assembly, as engrossed, becomes law, then the | 6 |
| Department of Public Health Powers and Duties Law of the
Civil | 7 |
| Administrative Code of Illinois is amended by changing Section | 8 |
| 2310-577 as follows: | 9 |
| (20 ILCS 2310/2310-577) | 10 |
| Sec. 2310-577. Cord blood stem cell banks. | 11 |
| (a) Subject to appropriation, the Department shall | 12 |
| establish a statewide network of human cord blood stem cell | 13 |
| banks. The Director shall enter into contracts with qualified | 14 |
| cord blood stem cell banks to assist in the establishment, | 15 |
| provision, and maintenance of the network. | 16 |
| (b) A cord blood stem cell bank is eligible to enter the |
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| network and be a donor bank if it satisfies each of the | 2 |
| following: | 3 |
| (1) Has obtained all applicable federal and State | 4 |
| licenses, accreditations, certifications, registrations, | 5 |
| and other authorizations required to operate and maintain a | 6 |
| cord blood stem cell bank. | 7 |
| (2) Has implemented donor screening and cord blood | 8 |
| collection practices adequate to protect both donors and | 9 |
| transplant recipients and to prevent transmission of | 10 |
| potentially harmful infections and other diseases. | 11 |
| (3) Has established a system of strict confidentiality | 12 |
| to protect the identity and privacy of patients and donors | 13 |
| in accordance with existing federal and State law and | 14 |
| consistent with regulations promulgated under the Health | 15 |
| Insurance Portability and Accountability Act of 1996, | 16 |
| Public Law 104-191, for the release of the identity of | 17 |
| donors, the identity of recipients, or identifiable | 18 |
| records. | 19 |
| (4) Has established a system for encouraging donation | 20 |
| by an ethnically and racially diverse group of donors. | 21 |
| (5) Has developed adequate systems for communication | 22 |
| with other cord blood stem cell banks, transplant centers, | 23 |
| and physicians with respect to the request, release, and | 24 |
| distribution of cord blood units nationally and has | 25 |
| developed those systems, consistent with the regulations | 26 |
| promulgated under the Health Insurance Portability and |
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| Accountability Act of 1996, Public Law 104-191, to track | 2 |
| recipients' clinical outcomes for distributed units. | 3 |
| (6) Has developed an objective system for educating the | 4 |
| public, including patient advocacy organizations, about | 5 |
| the benefits of donating and utilizing cord blood stem | 6 |
| cells in appropriate circumstances. | 7 |
| (7) Has policies and procedures in place for the | 8 |
| procurement of materials for the conduct of stem cell | 9 |
| research, including policies and procedures ensuring that | 10 |
| persons are empowered to make voluntary and informed | 11 |
| decisions to participate or to refuse to participate in the | 12 |
| research, and ensuring confidentiality of the decision. | 13 |
| (8) Has policies and procedures in place to ensure the | 14 |
| bank is following current best practices with respect to | 15 |
| medical ethics, including informed consent of patients and | 16 |
| the protection of human subjects.
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| (c) A donor bank that enters into the network shall do all | 18 |
| of the following: | 19 |
| (1) Acquire, tissue-type, test, cryopreserve, and | 20 |
| store donated units of human cord blood acquired with the | 21 |
| informed consent of the donor, in a manner that complies | 22 |
| with applicable federal regulations. | 23 |
| (2) Make cord blood units collected under this Section, | 24 |
| or otherwise, available to transplant centers for stem cell | 25 |
| transplantation. | 26 |
| (3) Allocate up to 10% of the cord blood inventory each |
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| year for peer-reviewed research. This quota may be met by | 2 |
| using cord blood units that did not meet the cell count | 3 |
| standards necessary for transplantation.
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| (d) An advisory committee shall advise the Department | 5 |
| concerning the administration of the State cord blood stem cell | 6 |
| bank network. The committee shall be appointed by the Director | 7 |
| and consist of members who represent each of the following: | 8 |
| (1) Cord blood stem cell transplant centers. | 9 |
| (2) Physicians from participating birthing hospitals. | 10 |
| (3) The cord blood stem cell research community. | 11 |
| (4) Recipients of cord blood stem cell transplants. | 12 |
| (5) Family members who have made a donation to a | 13 |
| statewide cord blood stem cell bank. | 14 |
| (6) Individuals with expertise in the social sciences. | 15 |
| (7) Members of the general public. | 16 |
| (8) Each network donor bank.
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| Except as otherwise provided under this subsection, each | 18 |
| member of the committee shall serve for a 3-year term and may | 19 |
| be reappointed for one or more additional terms. Appointments | 20 |
| for the initial members shall be for terms of 1, 2, and 3 | 21 |
| years, respectively, so as to provide for the subsequent | 22 |
| appointment of an equal number of members each year. The | 23 |
| committee shall elect a chairperson. | 24 |
| (d-1) A person has a conflict of interest if any action, | 25 |
| advice, or recommendation with respect to a matter may directly | 26 |
| or indirectly financially benefit any of the following: |
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| (1) That person. | 2 |
| (2) That person's spouse, immediate family living with | 3 |
| that person, or that person's extended family. | 4 |
| (3) Any individual or entity required to be disclosed | 5 |
| by that person. | 6 |
| (4) Any other individual or entity with which that | 7 |
| person has a business or professional relationship.
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| An advisory committee member who has a conflict of interest | 9 |
| with respect to a matter may not discuss that matter with other | 10 |
| committee members and shall not vote upon or otherwise | 11 |
| participate in any committee action, advice, or recommendation | 12 |
| with respect to that matter. Each recusal occurring during a | 13 |
| committee meeting shall be made a part of the minutes or | 14 |
| recording of the meeting in accordance with the Open Meetings | 15 |
| Act. | 16 |
| The Department shall not allow any Department employee to | 17 |
| participate in the processing of, or to provide any advice or | 18 |
| recommendation concerning, any matter with which the | 19 |
| Department employee has a conflict of interest. | 20 |
| (d-2) Each advisory committee member shall file with the | 21 |
| Secretary of State a written disclosure of the following with | 22 |
| respect to the member, the member's spouse, and any immediate | 23 |
| family living with the member: | 24 |
| (1) Each source of income. | 25 |
| (2) Each entity in which the member, spouse, or | 26 |
| immediate family living with the member has an ownership or |
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| distributive income share that is not an income source | 2 |
| required to be disclosed under item (1) of this subsection | 3 |
| (d-2). | 4 |
| (3) Each entity in or for which the member, spouse, or | 5 |
| immediate family living with the member serves as an | 6 |
| executive, officer, director, trustee, or fiduciary. | 7 |
| (4) Each entity with which the member, member's spouse, | 8 |
| or immediate family living with the member has a contract | 9 |
| for future income.
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| Each advisory committee member shall file the disclosure | 11 |
| required by this subsection (d-2) at the time the member is | 12 |
| appointed and at the time of any reappointment of that member.
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| Each advisory committee member shall file an updated | 14 |
| disclosure with the Secretary of State promptly after any | 15 |
| change in the items required to be disclosed under this | 16 |
| subsection with respect to the member, the member's spouse, or | 17 |
| any immediate family living with the member.
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| The requirements of Section 3A-30 of the Illinois | 19 |
| Governmental Ethics Act and any other disclosures required by | 20 |
| law apply to this Act. | 21 |
| Filed disclosures shall be public records.
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| (e) The Department shall do each of the following:
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| (1) Ensure that the donor banks within the network meet | 24 |
| the requirements of subsection (b) on a continuing basis. | 25 |
| (2) Encourage network donor banks to work | 26 |
| collaboratively with other network donor banks and |
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| encourage network donor banks to focus their resources in | 2 |
| their respective local or regional area. | 3 |
| (3) Designate one or more established national or | 4 |
| international cord blood registries to serve as a statewide | 5 |
| cord blood stem cell registry. | 6 |
| (4) Coordinate the donor banks in the network.
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| In performing these duties, the Department may seek the | 8 |
| advice of the advisory committee.
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| (f) Definitions. As used in this Section: | 10 |
| (1) "Cord blood unit" means the blood collected from a | 11 |
| single placenta and umbilical cord. | 12 |
| (2) "Donor" means a mother who has delivered a baby and | 13 |
| consents to donate the newborn's blood remaining in the | 14 |
| placenta and umbilical cord. | 15 |
| (3) "Donor bank" means a qualified cord blood stem cell | 16 |
| bank that enters into a contract with the Director under | 17 |
| this Section. | 18 |
| (4) "Human cord blood stem cells" means hematopoietic | 19 |
| stem cells and any other stem cells contained in the | 20 |
| neonatal blood collected immediately after the birth from | 21 |
| the separated placenta and umbilical cord. | 22 |
| (5) "Network" means the statewide network of qualified | 23 |
| cord blood stem cell banks established under this Section.
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| (Source: 95SB0019eng.)
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.".
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