Bill would license donor human milk banks, make unlicensed operation a felony and expand certain coverage

Senate Bill 362, presented to the Commerce Committee, would create a statutory licensure and regulatory framework for donor human milk banks operating in the Commonwealth. The measure directs the State Board of Health to establish regulatory standards and requires the state health commissioner to implement and enforce rules governing issuance, renewal, denial, suspension and revocation of licenses.

The bill makes it a class 6 felony for any person to establish or operate a donor human milk bank without the required license. It also directs that insurers providing coverage for prescription drugs and the Medicaid state plan include coverage for pasteurized donor human milk for infants younger than six months who satisfy criteria enumerated in the bill; the bill removes some pharmacy notice requirements and includes an insurance‑coverage provision tied to the state plan.

Subcommittee 1 recommended reporting SB 362 with amendments (subcommittee vote 9-0). The transcript records the committee reporting SB 362 with amendment and referring it to appropriations; a committee roll tally for that action was not printed in the transcript excerpt. The bill carries a delayed effective date of July 1, 2027, or when the State Board of Health promulgates regulations for licensure, whichever is later.

Sponsor and committee materials would provide the full text and eligibility criteria referenced in the bill; the transcript reading summarizes regulatory responsibilities and the new criminal penalty but does not reproduce full statutory language or the eligibility criteria for Medicaid/insurer coverage.