Bill Text: NY S07602 | 2021-2022 | General Assembly | Amended
Bill Title: 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.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Introduced - Dead) 2022-03-04 - PRINT NUMBER 7602A [S07602 Detail]
Download: New_York-2021-S07602-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 7602--A 2021-2022 Regular Sessions IN SENATE December 15, 2021 ___________ Introduced by Sens. GALLIVAN, BORRELLO, RATH -- read twice and ordered printed, and when printed to be committed to the Committee on Rules -- recommitted to the Committee on Health in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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. This act shall be known and may be cited as the "donor-con- 2 ceived 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. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13971-04-2S. 7602--A 2 1 The legislature further finds that the protections currently afforded 2 to reproductive tissue bank donors' medical records be waived and that 3 donors' identify all recent medical professionals on such donor self-re- 4 ported histories and during the donor screening processes, in order to 5 effectuate the provisions of this act. 6 § 3. Section 4360 of the public health law is amended by adding five 7 new subdivisions 1-a, 11, 12, 13 and 14 to read as follows: 8 1-a. "Reproductive tissue bank" means a facility, which acquires, 9 processes, stores, distributes and/or releases reproductive tissue to an 10 insemination/implantation site or recipient for use in artificial inse- 11 mination or assisted reproductive technology procedures. Reproductive 12 tissue banks include, but are not limited to, semen banks, oocyte 13 donation programs and embryo banks. 14 11. "Donor" means a person who provides reproductive tissue for use in 15 artificial insemination or assisted reproductive procedures performed on 16 recipients other than that person or that person's regular sexual part- 17 ner, and includes direct and known donors. 18 12. "Donor reproductive tissue" means any tissue from the reproductive 19 tract intended for use in artificial insemination or any other assisted 20 reproductive technology procedure. This includes, but is not limited 21 to, semen, oocytes, embryos, spermatozoa, spermatids. 22 13. "Recipient" means a person who receives reproductive tissue from a 23 donor. 24 14. "Donor-conceived person" means a person purposely conceived 25 through an assisted reproductive technology procedure or artificial 26 insemination via the donation of donor reproductive tissue. 27 § 4. The public health law is amended by adding a new section 4370 to 28 read as follows: 29 § 4370. Donor-conceived person protection act. 1. Notwithstanding any 30 other provision of law to the contrary, the commissioner shall ensure 31 that reproductive tissue banks, licensed by the department, before sell- 32 ing or otherwise providing a recipient with donor reproductive tissue, 33 collect and verify medical information from any donor it procures repro- 34 ductive tissue from and to disseminate such information to a recipient 35 before a recipient purchases or otherwise receives such tissue, and to 36 donor-conceived persons conceived with such tissue, if any, when such 37 persons turn eighteen years of age or earlier upon consent of the recip- 38 ient parent or guardian, consistent with this section. 39 2. A reproductive tissue bank donor shall: 40 (a) Provide the reproductive tissue bank information on all diagnosed 41 medical conditions, including but not limited to, any genetic disorders, 42 infectious diseases, mental disabilities and/or serious mental illnesses 43 as such are defined within section 1.03 of the mental hygiene law; 44 (b) Provide the reproductive tissue bank information on all serious 45 familial medical conditions, to the extent such donor has knowledge of 46 or should have knowledge of such conditions, within the third degree of 47 consanguinity, including but not limited to, any genetic disorders, 48 infectious diseases, mental disabilities and/or serious mental illnesses 49 as such are defined within section 1.03 of the mental hygiene law; 50 (c) Provide the names of any medical professionals seen by such donor, 51 within the preceding five years from the date of donation to the repro- 52 ductive tissue bank; 53 (d) Provide the reproductive tissue bank written consent authorizing 54 the reproductive tissue bank to obtain all medical records held by such 55 medical professionals seen by the donor in the preceding five years; andS. 7602--A 3 1 (e) Provide written consent authorizing the release of medical infor- 2 mation by the reproductive tissue bank, to include a waiver of the 3 protection of medical history information pursuant to the Health Insur- 4 ance Portability and Accountability Act of 1996 and their implementing 5 regulations, to potential recipients and their physicians, as well as to 6 donor-conceived persons conceived with the donor's reproductive tissue, 7 if any, when such persons turn eighteen years of age or earlier upon 8 consent of the recipient parent or guardian. 9 3. A reproductive tissue bank procuring donor reproductive tissue 10 shall: 11 (a) Provide a statement, signed by the donor, informing him or her of 12 their obligations contained within the provisions of subdivision two of 13 this section; 14 (b) Verify medical information provided by the donor as required 15 pursuant to subdivision two of this section against the donor's medical 16 records, if any; 17 (c) Disclose to recipients before selling or otherwise providing them 18 with donor reproductive tissue, and if applicable, donor-conceived 19 persons conceived with the donor's reproductive tissue upon request, 20 when such persons turn eighteen years of age or earlier upon consent of 21 the recipient parent or guardian, all medical records of such donor, as 22 well as any other information required to be provided by the donor, 23 including the timeframes and type of medical professionals contained 24 within the donor's medical records, except that if the reproductive 25 tissue bank is unable to obtain such information from the donor's 26 medical records, it shall note the type of medical professional and 27 state the reason why such records were unable to be obtained; 28 (d) Produce a standard form, prescribed by the commissioner, identify- 29 ing by reporting status, all medical information required to be provided 30 by the donor under this section, utilizing verifiable information 31 contained in the donor's medical records, and any unverifiable medical 32 information provided by the donor to the reproductive tissue bank. Such 33 form shall be made available at no charge to both the recipient and 34 their physician, as well as any donor-conceived persons conceived with 35 the donor's reproductive tissue upon request, if any, when such persons 36 turn eighteen years of age or earlier upon consent of the recipient 37 parent or guardian; 38 (e) Except in the case of known donors, redact any personal identify- 39 ing information contained in the donor's medical records released to a 40 recipient, their physician and donor-conceived persons conceived with 41 the donor's reproductive tissue, if any. Such information shall include 42 the donor's name, address, and any other information which would direct- 43 ly or indirectly identify the donor. Redacted records shall be made 44 available at no charge to the recipient, their physician as well as any 45 donor-conceived person conceived with the donor's reproductive tissue 46 upon request, if any, when such persons turn eighteen years of age or 47 earlier upon consent of the recipient parent or guardian; 48 (f) No donor reproductive tissue procured by a reproductive tissue 49 bank located outside the state of New York shall be used in any artifi- 50 cial insemination or any other assisted reproductive technology proce- 51 dure set to take place within the state unless and until the reproduc- 52 tive tissue bank provides the recipient and/or the recipient's physician 53 signed certification from the medical director of such reproductive 54 tissue bank that it has complied with the medical verification require- 55 ments of this section; andS. 7602--A 4 1 (g) No donor reproductive tissue procured by a reproductive tissue 2 bank located within the state of New York shall be sold or otherwise 3 shipped or transferred to a recipient, their physician or a reproductive 4 tissue bank located in another state unless the reproductive tissue is 5 accompanied by a signed certification from the medical director of the 6 reproductive tissue bank from which the donor reproductive tissue was 7 procured that the reproductive tissue bank complied with the medical 8 verification requirements of this section. 9 § 5. This act shall take effect on the ninetieth day after it shall 10 have become a law. Effective immediately, the addition, amendment 11 and/or repeal of any rule or regulation necessary for the implementation 12 of this act on its effective date are authorized to be made and 13 completed on or before such effective date.
