MPM C.S.H.B. 391 77(R)    BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 391
By: Maxey
Public Health
3/4/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

According to the American Academy of Pediatrics (AAP), epidemiologic
research indicates that human milk and breastfeeding of infants, including
those who are premature or sick, improves the infant's general health,
growth, and development, while significantly reducing risk for a large
number of acute and chronic diseases.  In some instances, a mother may not
be able to breastfeed her child, such as when the mother has used illegal
drugs or is taking certain prescription medications, or if the mother has
been infected with the human immunodeficiency virus (HIV) or another
disease.  Donor milk banks provide human milk when direct breastfeeding is
not possible. To ensure careful handling at each stage of processing and
distribution, a rigid protocol is needed.  C.S.H.B. 391 requires the Health
and Human Services Commission to adopt minimum standards for the procuring,
processing, distribution, or use of human milk by donor milk banks. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

C.S.H.B. 391 amends the Human Resources Code to require the Health and
Human Services Commission to adopt minimum standards for the procuring,
processing, distribution, or use of human milk by donor milk banks. 

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 391 differs from the original by removing the requirement that the
Health and Human Services Commission (HHSC) provide donor human milk to a
hospitalized infant, if the milk is prescribed by a physician.  The
substitute requires the HHSC to adopt minimum standards regarding donor
milk banks.