TO ALL CALIFORNIA NICUs:

A letter was sent to Sandra Shewry, Director of the CA DHHS.  It was referred 
to Paul B. Kimsey, PhD, Assistant Deputy Director of the Division of 
Laboratory Science for response.  The response is that the Tissue Bank law is a law, 
and not a regulation, so cannot be "suspended".  

He states that the tissue bank program in LFS (Laboratory Field Services) "is 
committed to assuring that babies in hospitals continue to receive their 
mother's own milk or any other medically recommended human milk that may be 
provided by a licensed milk bank."  He suggests a "partnership" between the 
hospitals and the tissue bank licensure program whereby LFS can provide oversight to 
assure that consistent standards of practice are met.

He adds:
"Additionally, LFS tissue bank program will take care to assure that nothing 
in the licensing process will impede the safe delivery of a mother's milk to 
her own child."  If there are any problems he requests we contact him (Dr. 
Kimsey) at 510-412-5846 or Ron Harkey, Section Chief for the Tissue Bank Program 
at 510-620-3808.  He mentions that Jan Otey of the Tissue Bank staff will be at 
the Pac-Lac meeting in LA Jan 31, 2006.

The CA Hospital Association is taking the lead in drafting legislation to fix 
the problem.  In the meantime, I would recommend that every hospital handling 
a mother's own milk for their own infants apply for a tissue bank license.  
Ron Harkey and his staff are very reasonable people and I am sure will make it 
as easy as possible for you.  Please pass this on to all CA breastfeeding 
advocates.

Nancy
Nancy E. Wight MD, IBCLC, FABM, FAAP
Neonatologist
Medical Director, Lactation Services
Sharp Mary Birch Hospital for Women
San Diego, CA USA
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