The Neglect of the Umbilical Cord: Ohio's Failure to Adequately Promote Banking of Umbilical Cord Blood Stem Cells and the Need for New Legislation
Because current legislation, including OH H.B. 237, is insufficient in that it does not have the potential to significantly increase the number of cord blood donations, it will be necessary to enact legislation that is more demanding. Such legislation should be modeled after current "required request" organ donation laws, which mandate that health professionals actively pursue organ donations by expressly asking the family to consent to donation. Modeled after these laws, better legislation will not only require that state health departments generate information about donation opportunities, but also that health professionals then provide each maternity patient with materials about cord blood donation and, if desired, donation services. This note will discuss the use and donation of umbilical cord blood stem cells and explore the insufficiency of current legislation intended to promote public donation. Part II will provide an explanation of stem cells and umbilical cord blood stem cells and will discuss the specific use of umbilical cord blood stem cells to treat different diseases. Part III will discuss the collection and storage of umbilical cord blood stem cells. Part IV will address the history of cord blood transplants and the current demand for donations. Part V will discuss the current proposed and enacted legislation regarding umbilical cord blood stem cell awareness and donation at the federal and state levels. Part VI will discuss OH H.B. 237, explaining both the content of the proposed legislation and its shortcomings. Part VII will focus on current organ donation laws, detailing the transition in the United States from encouraged voluntarism to routine inquiry and required request. Finally, Part VIII will detail a more appropriate, sufficient piece of legislation, modeled after the required request laws, which Ohio should adopt in lieu of OH H.B. 237.
Note, The Neglect of the Umbilical Cord: Ohio's Failure to Adequately Promote Banking of Umbilical Cord Blood Stem Cells and the Need for New Legislation , 22 J.L. & Health 137 (2009)