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A02761 Summary:

A02761 Actions:

A02761 Floor Votes:

A02761 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2761
 
                               2009-2010 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 21, 2009
                                       ___________
 
        Introduced by M. of A. SWEENEY, COOK, FIELDS -- Multi-Sponsored by -- M.
          of A. WEISENBERG -- read once and referred to the Committee on Judici-
          ary
 
        AN  ACT  to  amend  the  domestic relations law, in relation to advanced
          written consent and directives for the transfer, use, and  disposition

          of  gametes  or  embryos  cryopreserved  in the course of a program of
          assisted reproductive technology
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. The domestic relations law is amended by adding a new arti-
     2  cle 8-A to read as follows:
     3                                 ARTICLE 8-A
     4                      CRYOPRESERVED EMBRYOS OR GAMETES
 
     5  Section 130. Definitions.
     6          131.  Advance  written  consent and directives for the transfer,
     7                  use,  and  disposition  of  cryopreserved   embryos   or
     8                  gametes.
     9    §  130.  Definitions. When used in this article, unless the context or
    10  subject matter clearly requires a different meaning:

    11    1. "Abandon by request" shall mean  that  a  party  intends  to  cease
    12  participation  in  an assisted reproductive technology program and noti-
    13  fies a provider of assisted reproductive services of such  intent  in  a
    14  written,  signed,  and notarized letter of intent to abandon by request.
    15  Within thirty days of receipt of a party's letter of intent  to  abandon
    16  by  request,  the provider shall send, by certified mail, return receipt
    17  requested, to any other party whose  participation  in  such  provider's
    18  assisted reproductive services may be affected by the requesting party's
    19  abandonment  by  request, a written notice that the terms of an executed
    20  advance directive for disposition will be implemented. If any  party  is

    21  also a patient, a copy of such notice and proof of mailing shall be kept
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02711-01-9
        A. 2761                             2
 
     1  in  that party's medical records. On the thirtieth day after the date on
     2  the letter of notification, or, if there are no other affected  parties,
     3  on  the  thirtieth  day  after  the  provider's receipt of the letter of
     4  intent  to abandon by request, the provider shall implement the applica-
     5  ble terms of the  requesting  party's  executed  advance  directive  for
     6  disposition.

     7    2. "Assisted reproductive technology" shall include, but not be limit-
     8  ed  to,  the  following  methods of assisting in fertilization: in vitro
     9  fertilization-embryo transfer, gamete intrafallopian transfer, and cryo-
    10  preservation.
    11    3. "Cryopreservation" shall mean the storage  of  gametes  or  embryos
    12  produced  by  means of an assisted reproductive technology procedure and
    13  preserved by means of low-temperature freezing  in  liquid  nitrogen  or
    14  other similar medium.
    15    4. "Embryo" shall mean a fertilized human ovum.
    16    5.  "Failure to pay storage fees" shall mean that a provider to whom a
    17  party pays a storage fee has not received a  fee  from  such  party  for

    18  three  consecutive  years.  After three consecutive years of nonpayment,
    19  the provider shall notify in writing by certified mail,  return  receipt
    20  requested, sent to the last know address of the non-paying party, and to
    21  the  last  known  address  of any other party whose participation may be
    22  affected by the non-paying party's failure to pay storage fees, a  writ-
    23  ten  notice  that, unless the provider is contacted and instructed to do
    24  otherwise, the terms of an executed advanced directive  for  disposition
    25  in  the  event  of  failure to pay storage fees will be implemented. Six
    26  months from the date of the first notice, a second such notice shall  be
    27  mailed  in  the same manner as the first notice. If the non-paying party

    28  or an affected party is also a patient, a copy of such notice or notices
    29  and proofs of mailing shall be kept in that party's medical records.  If
    30  the  provider  receives  no  instruction  to do otherwise in response to
    31  either the first or second notification, on the thirtieth day after  the
    32  date  of the second letter of notification, the provider shall implement
    33  the terms of the  non-paying  party's  executed  advance  directive  for
    34  disposition in the event of failure to pay storage fees.
    35    6. "Gametes" shall mean human sperm or ova.
    36    7.  "Patient"  shall mean a person who donates or receives a gamete or
    37  embryo.
    38    8. "Party" shall mean a natural person who executes, according to  the

    39  provisions  of section one hundred thirty-one of this article, a provid-
    40  er's advance written consent and directives for the transfer,  use,  and
    41  disposition  of  cryopreserved embryos or gametes for assisted reproduc-
    42  tive services.
    43    9. "Provider" shall mean an individual,  corporation,  other  business
    44  entity,  or non-profit entity engaged in providing assisted reproductive
    45  technology services.
    46    § 131. Advance written consent and directives for the  transfer,  use,
    47  and  disposition  of  cryopreserved  embryos or gametes. 1. Any provider
    48  located in New York state whose services include the cryopreservation of
    49  gametes or embryos,  and  before  providing  any  such  services,  shall

    50  require  the prior execution, pursuant to this section, of advance writ-
    51  ten consent and directives as to the transfer, use, and  disposition  of
    52  such  gametes  or  embryos. Prior to receiving any assisted reproductive
    53  technology service, on a form or forms prescribed by the commissioner of
    54  health, such consent and directives shall be signed and  dated,  in  the
    55  presence  of each other, by the party requesting services, a witness for
    56  the requesting party, and a licensed physician authorized by the provid-
        A. 2761                             3
 
     1  er. Nothing contained in this section shall affect the obligation  of  a
     2  physician or surgeon under current law to obtain the informed consent of

     3  a party who may also be a patient prior to such physician's or surgeon's
     4  performing  any medical or surgical procedure for which informed consent
     5  is otherwise required.
     6    2. (a) The form for advance written consent to  assisted  reproductive
     7  services  executed  by  a party who is also a patient shall include, but
     8  not be limited to, the following information: (i)  the  patient's  name;
     9  (ii)  the patient's address, telephone number, or other relevant contact
    10  information; (iii) the type and quantity, if applicable, of sperm,  ova,
    11  or  embryos  donated  or  received;  and (iv) the name of the clinic, or
    12  other donee for a specified purpose,  which  purpose  shall  be  clearly
    13  stated.

    14    (b)  The  form  for  advance  written consent to assisted reproductive
    15  services executed by a party who is also a patient shall be  signed  and
    16  dated by the patient, the attending physician or surgeon, a provider-au-
    17  thorized  clinician  who shall verify the type and quantity, if applica-
    18  ble, of sperm, ova, or embryos donated or received, and any other signa-
    19  tories required  by  subdivision  one  of  this  section.  The  original
    20  executed  consent  form  shall  be  retained  in the provider's business
    21  records, the medical records of the party who is also a patient,  and  a
    22  copy shall be provided to the party.
    23    3.  (a)  The  form  prescribing  directives  as  to the disposition of

    24  cryopreserved gametes or embryos shall include, but not be  limited  to,
    25  choices  for disposition under the following circumstances: (i) death of
    26  a party; (ii) the party's separation or divorce; (iii) the party's deci-
    27  sion to abandon by request cryopreserved gametes or embryos; or (iv) the
    28  party's abandonment of cryopreserved gametes or embryos  by  failure  to
    29  pay storage fees.
    30    (b)  The form prescribing directives as to the disposition of cryopre-
    31  served gametes or embryos shall include, but not be limited to,  choices
    32  and direction for the following disposition options: (i) made available,
    33  transferred,  or  donated  to  another  party; (ii) donated for research
    34  purposes; (iii) thawed with no  further  action  taken;  or  (iv)  other

    35  disposition, provided that such disposition shall be clearly stated.
    36    (c)  The form prescribing directives as to the disposition of cryopre-
    37  served gametes or embryos shall clearly state the provider's time  limit
    38  on storage of such gametes or embryos; such time limit shall not be less
    39  than three years.
    40    (d) A party who chooses the option to donate to another party pursuant
    41  to subparagraph (i) of paragraph (b) of this subdivision shall meet such
    42  donor  qualifications  as  may  be  required in applicable law and regu-
    43  lations.
    44    (e) A party may modify directives  for  disposition  of  cryopreserved
    45  gametes  and  embryos  at  a later date; provided that such modification

    46  shall be executed in the same manner  as  is  required  for  an  initial
    47  consent and directive pursuant to subdivision one of this section.
    48    § 2. This act shall take effect on the two hundred eightieth day after
    49  it  shall  have  become  a law; provided, however, that, effective imme-
    50  diately, the commissioner of health is authorized to promulgate any  and
    51  all  rules  and  regulations  and  take  any other measures necessary to
    52  implement this act on its effective date on or before such date.