(1) A cord blood bank advertising, offering to provide, or
providing private cord blood banking services to residents in
this state must:
(a) Have all applicable licenses, accreditations, and other
authorizations required under federal and Washington state law to
engage in cord blood banking;
(b) Include, in any advertising or educational materials
made available to the general public or provided to health
services providers or potential cord blood donors: (i) A
statement identifying the cord blood bank's licenses,
accreditations, and other authorizations required in (a) of this
subsection; and (ii) information about the cord blood bank's rate
of success in collecting, processing, and storing sterile cord
blood units that have adequate, viable yields of targeted cells;
and
(c)(i) Provide to the cord blood donor the results of
appropriate quality control tests performed on the donor's
collected cord blood; and
(ii) If the test results provided under (c)(i) of this
subsection demonstrate that the collected cord blood may not be
recommended for long-term storage and potential future medical
uses because of low cell yield, foreign contamination, or other
reasons determined by the cord blood bank's medical director,
provide the cord blood donor with the option not to be charged
fees for processing or storage services, including a refund of
any fees paid. The cord blood bank must provide the cord blood
donor with sufficient information to make an informed decision
regarding this option.
(2) The legislature finds that the practices covered by this
section are matters vitally affecting the public interest for the
purpose of applying the consumer protection act, chapter 19.86 RCW. A violation of this section is not reasonable in relation
to the development and preservation of business and is an unfair
or deceptive act in trade or commerce and an unfair method of
competition for the purpose of applying the consumer protection
act, chapter 19.86 RCW.
(3) The definitions in this subsection apply throughout this
section unless the context clearly requires otherwise.
(a) "Autologous use" means the transplantation, including
implanting, transplanting, infusion, or transfer, of cord blood
into the individual from whom the cord blood was collected.
(b) "Cord blood bank" means an operation engaged in
collecting, processing, storing, distributing, or transplanting
hematopoietic progenitor cells present in placental or umbilical
cord blood.
(c) "Hematopoietic progenitor cells" means pluripotential
cells that may be capable of self-renewal and differentiation
into any mature blood cell.
(d) "Private cord blood banking" means a cord blood bank
that provides, for a fee, cord blood banking services for the
autologous use of the cord blood.
[2008 c 56 § 3.]
NOTES:
Purpose -- 2008 c 56: "The purpose of this act is to promote public awareness and education of the general public and potential cord blood donors on the benefits of public or private cord blood banking, and to establish safeguards related to effective private banking of cord blood." [2008 c 56 § 1.]
Effective date -- 2008 c 56: "This act takes effect July 1, 2010." [2008 c 56 § 4.]