# Title 23 — Health and Safety

## Chapter 23-45 — Umbilical Cord Blood Disposition

### § 23-45-01. Umbilical cord blood - Patient information - Definition.

1. If a health care professional is providing prenatal care to a patient, the health care
professional may inform the patient of the following options relating to stem cells that
are contained in the umbilical cord blood after the delivery of her child:
a. Discard the stem cells.
b. Donate the stem cells to a public umbilical cord blood bank.
c. Store the stem cells in a family umbilical cord blood bank for use by the
immediate and extended family members.
d. Store the stem cells for family use through a family or sibling donor banking
program that provides free collection, processing, and storage where there is a
medical need.
2. The method a health care professional uses to provide the information under
subsection 1 may include verbally or in writing or by providing the patient with a
publication prepared by the department of health and human services under section
23-45-02.
3. This section does not impose an obligation on a health care professional to inform a
pregnant patient regarding the option of umbilical cord blood collection.
4. A health care professional who acts in good faith under this section is not subject to
civil or criminal liability or professional discipline for those acts.
5. For purposes of this section, "umbilical cord blood" means the blood that remains in
the umbilical cord and placenta after the birth of a newborn child.
### § 23-45-02. Umbilical cord blood - Information pamphlet - Distribution.

1. The department of health and human services shall prepare a pamphlet that includes
information regarding the following:
a. The medical processes involved in the collection of umbilical cord blood.
b. The medical risks of umbilical cord blood collection to the mother and her
newborn child.
c. The current and potential future medical uses, risks, and benefits of umbilical
cord blood collection to a mother, her newborn child, and the mother's biological
family.
d. The current and potential future medical uses, risks, and benefits of umbilical
cord blood collection to individuals who are not biologically related to a mother or
her newborn child.
e. Any costs that may be incurred by a patient who chooses to make an umbilical
cord blood donation.
f. Options for ownership and future use of the donated material.
g. The average cost of public and private umbilical cord blood banking.
2. As necessary, the department shall update the pamphlet prepared under this section.
3. The department shall make the pamphlet available on the department's website and
upon request, the department shall distribute the pamphlet at no charge.
4. A hospital that treats a patient during the delivery of her child shall permit her to
arrange for an umbilical cord blood donation as provided under section 23-16-15.
5. For purposes of this section, "umbilical cord blood" means the blood that remains in
the umbilical cord and placenta after the birth of a newborn child.
