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:

Terms Used In North Dakota Code 23-45-01

  • Donor: The person who makes a gift.
  • following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.

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.

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