A02735 Summary:

BILL NOA02735
 
SAME ASNo Same As
 
SPONSORPaulin
 
COSPNSRConrad, Zebrowski, Fahy
 
MLTSPNSR
 
Add §4369-a, Pub Health L
 
Enacts the "donor-conceived person protection act" to ensure that reproductive tissue banks, licensed by the department of health, collect and verify medical information from any donor it procures reproductive tissue from and to disseminate such information to a recipient before a recipient purchases or otherwise receives such tissue, and to donor-conceived persons, if any, when such persons turn eighteen years of age or earlier upon consent of the recipient parent or guardian; defines terms; makes related provisions.
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A02735 Actions:

BILL NOA02735
 
01/27/2023referred to health
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A02735 Committee Votes:

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A02735 Floor Votes:

There are no votes for this bill in this legislative session.
 
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A02735 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2735
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 27, 2023
                                       ___________
 
        Introduced  by M. of A. PAULIN, CONRAD, ZEBROWSKI, FAHY -- read once and
          referred to the Committee on Health
 
        AN ACT to amend the public health law, in relation to  establishing  the
          "donor-conceived person protection act"
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "donor-conceived person protection act".
     3    §  2.  Legislative  findings and intent.  The legislature acknowledges
     4  the importance  of  parents  and  donor-conceived  persons  knowing  the
     5  medical history of individuals who have donated reproductive tissue to a
     6  reproductive  tissue  bank for purposes of an artificial insemination or
     7  assisted reproductive technology procedure and disseminating this histo-
     8  ry information to a recipient and donor-conceived person  upon  request,
     9  if any.
    10    The  legislature further acknowledges knowing the medical history of a
    11  donor will provide recipients with the  necessary  information  to  make
    12  informed  decisions  regarding the process of artificial insemination or
    13  assisted  reproductive  technology  procedure  and  for  donor-conceived
    14  persons  to  obtain  essential medical information, which may reveal any
    15  genetic or mental health disorders.
    16    The legislature finds that reproductive tissue banks, including  semen
    17  banks,  oocyte donation programs and embryo banks have a duty to collect
    18  and verify medical history information provided by donors on donor self-
    19  reported medical histories and during the donor screening processes  and
    20  to  keep  detailed  records of such for use by recipients and donor-con-
    21  ceived persons, if any, prior to a procedure and in the future.
    22    § 3. The public health law is amended by adding a new  section  4369-a
    23  to read as follows:
    24    §  4369-a.  Donor-conceived person protection act. 1. For the purposes
    25  of this section, the following terms shall have the following meanings:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00575-03-3

        A. 2735                             2
 
     1    (a) "Reproductive tissue bank" means any  person  or  facility,  which
     2  procures,  stores,  or arranges for the storage of or distributes and/or
     3  releases reproductive tissue to  an  insemination/implantation  site  or
     4  recipient  for  use  in artificial insemination or assisted reproductive
     5  technology  procedures.  Reproductive  tissue banks include, but are not
     6  limited to, semen banks, oocyte donation programs and embryo banks.
     7    (b) "Reproductive tissue donor" means a person who provides  reproduc-
     8  tive  tissue for use in artificial insemination or assisted reproductive
     9  procedures performed on  recipients  other  than  that  person  or  that
    10  person's regular sexual partner, and includes known donors.
    11    (c) "Donor reproductive tissue" means any tissue from the reproductive
    12  tract  intended for use in artificial insemination or any other assisted
    13  reproductive technology procedure.  This includes, but  is  not  limited
    14  to, semen, oocytes, embryos, spermatozoa, spermatids.
    15    (d) "Recipient" means a person who receives reproductive tissue from a
    16  donor.
    17    (e)  "Donor-conceived  person"  means  a  person  purposely  conceived
    18  through an assisted  reproductive  technology  procedure  or  artificial
    19  insemination via the donation of donor reproductive tissue.
    20    (f)  "Known donor" means a reproductive tissue donor whose identity is
    21  known to the recipient.
    22    2. Notwithstanding any other provision of law  to  the  contrary,  the
    23  commissioner  shall  ensure  that reproductive tissue banks, licensed by
    24  the department, before selling or otherwise providing a  recipient  with
    25  donor  reproductive  tissue, collect and verify medical information from
    26  any donor it procures reproductive tissue from and to  disseminate  such
    27  information  to  a  recipient  before a recipient purchases or otherwise
    28  receives such tissue, and to donor-conceived persons conceived with such
    29  tissue, if any, when such persons turn eighteen years of age or  earlier
    30  upon  consent  of the recipient parent or guardian, consistent with this
    31  section.
    32    3. A reproductive tissue bank donor shall:
    33    (a) Provide the reproductive tissue bank information on their  medical
    34  history  at  the  time  of donation, including all available information
    35  setting forth conditions or diseases believed to be hereditary, and  any
    36  drugs or medication being taken by the donor;
    37    (b)  Provide  the  reproductive tissue bank information on all serious
    38  familial medical conditions or diseases believed to  be  hereditary,  to
    39  the  extent  such  donor  has  knowledge of such conditions or diseases,
    40  within the third degree of consanguinity;
    41    (c) Provide, to the best of their ability, the names of  any  licensed
    42  medical  professional  or  licensed  health  care  practitioner that are
    43  primarily responsible for the medical care of  such  donor,  within  the
    44  preceding  five  years  from  the  date  of donation to the reproductive
    45  tissue bank;
    46    (d) Provide the reproductive tissue bank written  consent  authorizing
    47  the  reproductive  tissue bank to obtain all medical records held by any
    48  such licensed medical professional or licensed health care  practitioner
    49  who  are  primarily responsible for the medical care of the donor in the
    50  preceding five years; and
    51    (e) Provide written consent authorizing the release of medical  infor-
    52  mation  by  the  reproductive  tissue  bank,  to include a waiver of the
    53  protection of medical history information pursuant to the Health  Insur-
    54  ance  Portability  and Accountability Act of 1996 and their implementing
    55  regulations, to potential recipients and their physicians, as well as to
    56  donor-conceived persons conceived with the donor's reproductive  tissue,

        A. 2735                             3
 
     1  if  any,  when  such  persons turn eighteen years of age or earlier upon
     2  consent of the recipient parent or guardian.
     3    4.    A  reproductive  tissue bank procuring donor reproductive tissue
     4  shall:
     5    (a) Provide a statement, signed by the donor, informing him or her  of
     6  their  obligations  contained within the provisions of subdivision three
     7  of this section;
     8    (b) Verify medical information  provided  by  the  donor  as  required
     9  pursuant  to subdivision two of this section against the donor's medical
    10  records, if any;
    11    (c) Disclose to recipients before selling or otherwise providing  them
    12  with  donor  reproductive  tissue,  and  if  applicable, donor-conceived
    13  persons conceived with the donor's  reproductive  tissue  upon  request,
    14  when  such persons turn eighteen years of age or earlier upon consent of
    15  the recipient parent or guardian, all  medical  records  of  such  donor
    16  obtained  pursuant  to  subdivision  two of this section, as well as any
    17  other information required to be provided by the donor, except  that  if
    18  the  reproductive  tissue bank is unable to obtain such information from
    19  the donor's medical records, it shall note the reason why  such  records
    20  were unable to be obtained;
    21    (d)  Produce  a  standard  form,  identifying by reporting status, all
    22  medical information required to be provided  by  the  donor  under  this
    23  section,  utilizing  verifiable  information  contained  in  the donor's
    24  medical records, and any unverifiable medical  information  provided  by
    25  the  donor  to  the  reproductive tissue bank.   Such form shall be made
    26  available at no charge to both the recipient  and  their  physician,  as
    27  well as any donor-conceived persons conceived with the donor's reproduc-
    28  tive  tissue upon request, if any, when such persons turn eighteen years
    29  of age or earlier upon consent of the recipient parent or guardian;
    30    (e) Except in the case of known donors, redact any personal  identify-
    31  ing  information  contained in the donor's medical records released to a
    32  recipient and/or donor-conceived  persons  conceived  with  the  donor's
    33  reproductive  tissue, if any. Such information shall include the donor's
    34  name, address, and any other information which would directly  or  indi-
    35  rectly  identify  the donor. Redacted records shall be made available at
    36  no charge to the recipient and/or donor-conceived persons conceived with
    37  the donor's reproductive tissue upon request,  when  such  persons  turn
    38  eighteen years of age or earlier upon consent of the recipient parent or
    39  guardian;
    40    (f)  No  donor  reproductive  tissue procured by a reproductive tissue
    41  bank located outside the state of New York shall be used in any  artifi-
    42  cial  insemination  or any other assisted reproductive technology proce-
    43  dure set to take place within the state unless and until  the  reproduc-
    44  tive  tissue  bank  provides the recipient signed certification from the
    45  medical director of such reproductive tissue bank that it  has  complied
    46  with the medical verification requirements of this section; and
    47    (g)  No  donor  reproductive  tissue procured by a reproductive tissue
    48  bank located within the state of New York shall  be  sold  or  otherwise
    49  shipped  or  transferred  to  a recipient, their medical professional or
    50  health care practitioner or a reproductive tissue bank located in anoth-
    51  er state unless the reproductive  tissue  is  accompanied  by  a  signed
    52  certification  from the medical director of the reproductive tissue bank
    53  from which the donor reproductive tissue was procured that the reproduc-
    54  tive tissue bank complied with the medical verification requirements  of
    55  this section.

        A. 2735                             4
 
     1    §  4.  This  act shall take effect on the ninetieth day after it shall
     2  have become a law and shall  apply  to  all  donor  reproductive  tissue
     3  donated on and after it shall have become a law; provided, however, that
     4  if  chapter  814  of  the laws of 2022 shall not have taken effect on or
     5  before such date then this act shall take effect on the same date and in
     6  the  same  manner  as  such  chapter  of the laws of 2022, takes effect.
     7  Effective immediately, the addition, amendment and/or repeal of any rule
     8  or regulation necessary for the implementation of this act on its effec-
     9  tive date are authorized to be made and  completed  on  or  before  such
    10  effective date.
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