senate Bill S1474

2013-2014 Legislative Session

Enacts provisions relating to advanced written consent and directives concerning transfer, use, disposition of cryopreserved embryos or gametes

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Jan 08, 2014 referred to judiciary
Jan 09, 2013 referred to judiciary

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S1474 - Bill Details

Current Committee:
Law Section:
Domestic Relations Law
Laws Affected:
Add Art 8-A ยงยง130 - 131, Dom Rel L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S388
2009-2010: S4531

S1474 - Bill Texts

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Enacts provisions relating to the execution of written forms, prior to assisted reproductive technology services, for consent and directives for the transfer, use, and disposition of cryopreserved embryos or gametes, and provisions relating to notice prior to the implementation of the terms of such advance directives.

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BILL NUMBER:S1474

TITLE OF BILL:
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

PURPOSE OR GENERAL IDEA OF BILL:
This bill enacts provisions relating
to advanced written consent and directives concerning transfer, use
and disposition of cryopreserved embryos or gametes.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends the domestic
relations law by adding a new article 8-A.

Section 130 of this article contains definitions for technical and
medical terms/concepts used in the bill. Section 131 of this article
creates regulations for advanced written consent and directives for
the transfer, use and disposition of cryopreseved embryos or gametes
are also established.

JUSTIFICATION:
Enormous strides have recently been made in the field
of reproductive medicine which have assisted thousands of couples.
However, there are several areas of this emerging science where legal
and ethical questions proliferate. Currently there are few
regulations regarding the use and disposition of cryopreserved
embryos and gametes. This bill would directly deal with some of those
concerns by requiring parties undergoing an in vitro procedure to
provide both consent and advanced written directives for the
transfer, use and disposition of cryopreserved embryos or gametes
prior to the procedure(s) being performed.

One crucial concern that this bill deals with is the procedures
governing the use, storage and transfer of gametes and embryos, and
establishing a protocol to be followed in the event of a number of
events including divorce, separation, death, or failure to pay
storage fees.

PRIOR LEGISLATIVE HISTORY:
2009-2010: S.4531/A.2761
2011-2012: S.388

FISCAL IMPLICATIONS:
Minimal costs to the state.

EFFECTIVE DATE:
This act shall take effect on the first day of the
first month beginning 280 days after it shall have become a law.


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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1474

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sens. KRUEGER, HOYLMAN -- read twice and ordered printed,
  and when printed to be committed to the Committee on Judiciary

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:

  Section 1. The domestic relations law is amended by adding a new arti-
cle 8-A to read as follows:
                               ARTICLE 8-A
                    CRYOPRESERVED EMBRYOS OR GAMETES

SECTION 130. DEFINITIONS.
        131. ADVANCE WRITTEN CONSENT AND DIRECTIVES  FOR  THE  TRANSFER,
                USE,   AND   DISPOSITION  OF  CRYOPRESERVED  EMBRYOS  OR
                GAMETES.
  S 130. DEFINITIONS. WHEN USED IN THIS ARTICLE, UNLESS THE  CONTEXT  OR
SUBJECT MATTER CLEARLY REQUIRES A DIFFERENT MEANING:
  1.  "ABANDON  BY  REQUEST"  SHALL  MEAN  THAT A PARTY INTENDS TO CEASE
PARTICIPATION IN AN ASSISTED REPRODUCTIVE TECHNOLOGY PROGRAM  AND  NOTI-
FIES  A  PROVIDER  OF ASSISTED REPRODUCTIVE SERVICES OF SUCH INTENT IN A
WRITTEN, SIGNED, AND NOTARIZED LETTER OF INTENT TO ABANDON  BY  REQUEST.
WITHIN  THIRTY  DAYS OF RECEIPT OF A PARTY'S LETTER OF INTENT TO ABANDON
BY REQUEST, THE PROVIDER SHALL SEND, BY CERTIFIED MAIL,  RETURN  RECEIPT
REQUESTED,  TO  ANY  OTHER  PARTY WHOSE PARTICIPATION IN SUCH PROVIDER'S
ASSISTED REPRODUCTIVE SERVICES MAY BE AFFECTED BY THE REQUESTING PARTY'S
ABANDONMENT BY REQUEST, A WRITTEN NOTICE THAT THE TERMS OF  AN  EXECUTED
ADVANCE  DIRECTIVE  FOR DISPOSITION WILL BE IMPLEMENTED. IF ANY PARTY IS
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.
                                                           LBD00950-01-3

S. 1474                             2

IN THAT PARTY'S MEDICAL RECORDS. ON THE THIRTIETH DAY AFTER THE DATE  ON
THE  LETTER OF NOTIFICATION, OR, IF THERE ARE NO OTHER AFFECTED PARTIES,
ON THE THIRTIETH DAY AFTER THE  PROVIDER'S  RECEIPT  OF  THE  LETTER  OF
INTENT  TO ABANDON BY REQUEST, THE PROVIDER SHALL IMPLEMENT THE APPLICA-
BLE TERMS OF THE  REQUESTING  PARTY'S  EXECUTED  ADVANCE  DIRECTIVE  FOR
DISPOSITION.
  2. "ASSISTED REPRODUCTIVE TECHNOLOGY" SHALL INCLUDE, BUT NOT BE LIMIT-
ED  TO,  THE  FOLLOWING  METHODS OF ASSISTING IN FERTILIZATION: IN VITRO
FERTILIZATION-EMBRYO TRANSFER, GAMETE INTRAFALLOPIAN TRANSFER, AND CRYO-
PRESERVATION.
  3. "CRYOPRESERVATION" SHALL MEAN THE STORAGE  OF  GAMETES  OR  EMBRYOS
PRODUCED  BY  MEANS OF AN ASSISTED REPRODUCTIVE TECHNOLOGY PROCEDURE AND
PRESERVED BY MEANS OF LOW-TEMPERATURE FREEZING  IN  LIQUID  NITROGEN  OR
OTHER SIMILAR MEDIUM.
  4. "EMBRYO" SHALL MEAN A FERTILIZED HUMAN OVUM.
  5.  "FAILURE TO PAY STORAGE FEES" SHALL MEAN THAT A PROVIDER TO WHOM A
PARTY PAYS A STORAGE FEE HAS NOT RECEIVED A  FEE  FROM  SUCH  PARTY  FOR
THREE  CONSECUTIVE  YEARS.  AFTER THREE CONSECUTIVE YEARS OF NONPAYMENT,
THE PROVIDER SHALL NOTIFY IN WRITING BY CERTIFIED MAIL,  RETURN  RECEIPT
REQUESTED, SENT TO THE LAST KNOW ADDRESS OF THE NON-PAYING PARTY, AND TO
THE  LAST  KNOWN  ADDRESS  OF ANY OTHER PARTY WHOSE PARTICIPATION MAY BE
AFFECTED BY THE NON-PAYING PARTY'S FAILURE TO PAY STORAGE FEES, A  WRIT-
TEN  NOTICE  THAT, UNLESS THE PROVIDER IS CONTACTED AND INSTRUCTED TO DO
OTHERWISE, THE TERMS OF AN EXECUTED ADVANCED DIRECTIVE  FOR  DISPOSITION
IN  THE  EVENT  OF  FAILURE TO PAY STORAGE FEES WILL BE IMPLEMENTED. SIX
MONTHS FROM THE DATE OF THE FIRST NOTICE, A SECOND SUCH NOTICE SHALL  BE
MAILED  IN  THE SAME MANNER AS THE FIRST NOTICE. IF THE NON-PAYING PARTY
OR AN AFFECTED PARTY IS ALSO A PATIENT, A COPY OF SUCH NOTICE OR NOTICES
AND PROOFS OF MAILING SHALL BE KEPT IN THAT PARTY'S MEDICAL RECORDS.  IF
THE  PROVIDER  RECEIVES  NO  INSTRUCTION  TO DO OTHERWISE IN RESPONSE TO
EITHER THE FIRST OR SECOND NOTIFICATION, ON THE THIRTIETH DAY AFTER  THE
DATE  OF THE SECOND LETTER OF NOTIFICATION, THE PROVIDER SHALL IMPLEMENT
THE TERMS OF THE  NON-PAYING  PARTY'S  EXECUTED  ADVANCE  DIRECTIVE  FOR
DISPOSITION IN THE EVENT OF FAILURE TO PAY STORAGE FEES.
  6. "GAMETES" SHALL MEAN HUMAN SPERM OR OVA.
  7.  "PATIENT"  SHALL MEAN A PERSON WHO DONATES OR RECEIVES A GAMETE OR
EMBRYO.
  8. "PARTY" SHALL MEAN A NATURAL PERSON WHO EXECUTES, ACCORDING TO  THE
PROVISIONS  OF SECTION ONE HUNDRED THIRTY-ONE OF THIS ARTICLE, A PROVID-
ER'S ADVANCE WRITTEN CONSENT AND DIRECTIVES FOR THE TRANSFER,  USE,  AND
DISPOSITION  OF  CRYOPRESERVED EMBRYOS OR GAMETES FOR ASSISTED REPRODUC-
TIVE SERVICES.
  9. "PROVIDER" SHALL MEAN AN INDIVIDUAL,  CORPORATION,  OTHER  BUSINESS
ENTITY,  OR NON-PROFIT ENTITY ENGAGED IN PROVIDING ASSISTED REPRODUCTIVE
TECHNOLOGY SERVICES.
  S 131. ADVANCE WRITTEN CONSENT AND DIRECTIVES FOR THE  TRANSFER,  USE,
AND  DISPOSITION  OF  CRYOPRESERVED  EMBRYOS OR GAMETES. 1. ANY PROVIDER
LOCATED IN NEW YORK STATE WHOSE SERVICES INCLUDE THE CRYOPRESERVATION OF
GAMETES OR EMBRYOS,  AND  BEFORE  PROVIDING  ANY  SUCH  SERVICES,  SHALL
REQUIRE  THE PRIOR EXECUTION, PURSUANT TO THIS SECTION, OF ADVANCE WRIT-
TEN CONSENT AND DIRECTIVES AS TO THE TRANSFER, USE, AND  DISPOSITION  OF
SUCH  GAMETES  OR  EMBRYOS. PRIOR TO RECEIVING ANY ASSISTED REPRODUCTIVE
TECHNOLOGY SERVICE, ON A FORM OR FORMS PRESCRIBED BY THE COMMISSIONER OF
HEALTH, SUCH CONSENT AND DIRECTIVES SHALL BE SIGNED AND  DATED,  IN  THE
PRESENCE  OF EACH OTHER, BY THE PARTY REQUESTING SERVICES, A WITNESS FOR
THE REQUESTING PARTY, AND A LICENSED PHYSICIAN AUTHORIZED BY THE PROVID-

S. 1474                             3

ER. NOTHING CONTAINED IN THIS SECTION SHALL AFFECT THE OBLIGATION  OF  A
PHYSICIAN OR SURGEON UNDER CURRENT LAW TO OBTAIN THE INFORMED CONSENT OF
A PARTY WHO MAY ALSO BE A PATIENT PRIOR TO SUCH PHYSICIAN'S OR SURGEON'S
PERFORMING  ANY MEDICAL OR SURGICAL PROCEDURE FOR WHICH INFORMED CONSENT
IS OTHERWISE REQUIRED.
  2. (A) THE FORM FOR ADVANCE WRITTEN CONSENT TO  ASSISTED  REPRODUCTIVE
SERVICES  EXECUTED  BY  A PARTY WHO IS ALSO A PATIENT SHALL INCLUDE, BUT
NOT BE LIMITED TO, THE FOLLOWING INFORMATION: (I)  THE  PATIENT'S  NAME;
(II)  THE PATIENT'S ADDRESS, TELEPHONE NUMBER, OR OTHER RELEVANT CONTACT
INFORMATION; (III) THE TYPE AND QUANTITY, IF APPLICABLE, OF SPERM,  OVA,
OR  EMBRYOS  DONATED  OR  RECEIVED;  AND (IV) THE NAME OF THE CLINIC, OR
OTHER DONEE FOR A SPECIFIED PURPOSE,  WHICH  PURPOSE  SHALL  BE  CLEARLY
STATED.
  (B)  THE  FORM  FOR  ADVANCE  WRITTEN CONSENT TO ASSISTED REPRODUCTIVE
SERVICES EXECUTED BY A PARTY WHO IS ALSO A PATIENT SHALL BE  SIGNED  AND
DATED BY THE PATIENT, THE ATTENDING PHYSICIAN OR SURGEON, A PROVIDER-AU-
THORIZED  CLINICIAN  WHO SHALL VERIFY THE TYPE AND QUANTITY, IF APPLICA-
BLE, OF SPERM, OVA, OR EMBRYOS DONATED OR RECEIVED, AND ANY OTHER SIGNA-
TORIES REQUIRED  BY  SUBDIVISION  ONE  OF  THIS  SECTION.  THE  ORIGINAL
EXECUTED  CONSENT  FORM  SHALL  BE  RETAINED  IN THE PROVIDER'S BUSINESS
RECORDS, THE MEDICAL RECORDS OF THE PARTY WHO IS ALSO A PATIENT,  AND  A
COPY SHALL BE PROVIDED TO THE PARTY.
  3.  (A)  THE  FORM  PRESCRIBING  DIRECTIVES  AS  TO THE DISPOSITION OF
CRYOPRESERVED GAMETES OR EMBRYOS SHALL INCLUDE, BUT NOT BE  LIMITED  TO,
CHOICES  FOR DISPOSITION UNDER THE FOLLOWING CIRCUMSTANCES: (I) DEATH OF
A PARTY; (II) THE PARTY'S SEPARATION OR DIVORCE; (III) THE PARTY'S DECI-
SION TO ABANDON BY REQUEST CRYOPRESERVED GAMETES OR EMBRYOS; OR (IV) THE
PARTY'S ABANDONMENT OF CRYOPRESERVED GAMETES OR EMBRYOS  BY  FAILURE  TO
PAY STORAGE FEES.
  (B)  THE FORM PRESCRIBING DIRECTIVES AS TO THE DISPOSITION OF CRYOPRE-
SERVED GAMETES OR EMBRYOS SHALL INCLUDE, BUT NOT BE LIMITED TO,  CHOICES
AND DIRECTION FOR THE FOLLOWING DISPOSITION OPTIONS: (I) MADE AVAILABLE,
TRANSFERRED,  OR  DONATED  TO  ANOTHER  PARTY; (II) DONATED FOR RESEARCH
PURPOSES; (III) THAWED WITH NO  FURTHER  ACTION  TAKEN;  OR  (IV)  OTHER
DISPOSITION, PROVIDED THAT SUCH DISPOSITION SHALL BE CLEARLY STATED.
  (C)  THE FORM PRESCRIBING DIRECTIVES AS TO THE DISPOSITION OF CRYOPRE-
SERVED GAMETES OR EMBRYOS SHALL CLEARLY STATE THE PROVIDER'S TIME  LIMIT
ON STORAGE OF SUCH GAMETES OR EMBRYOS; SUCH TIME LIMIT SHALL NOT BE LESS
THAN THREE YEARS.
  (D) A PARTY WHO CHOOSES THE OPTION TO DONATE TO ANOTHER PARTY PURSUANT
TO SUBPARAGRAPH (I) OF PARAGRAPH (B) OF THIS SUBDIVISION SHALL MEET SUCH
DONOR  QUALIFICATIONS  AS  MAY  BE  REQUIRED IN APPLICABLE LAW AND REGU-
LATIONS.
  (E) A PARTY MAY MODIFY DIRECTIVES  FOR  DISPOSITION  OF  CRYOPRESERVED
GAMETES  AND  EMBRYOS  AT  A LATER DATE; PROVIDED THAT SUCH MODIFICATION
SHALL BE EXECUTED IN THE SAME MANNER  AS  IS  REQUIRED  FOR  AN  INITIAL
CONSENT AND DIRECTIVE PURSUANT TO SUBDIVISION ONE OF THIS SECTION.
  S 2. This act shall take effect on the two hundred eightieth day after
it  shall  have  become  a law; provided, however, that, effective imme-
diately, the commissioner of health is authorized to promulgate any  and
all  rules  and  regulations  and  take  any other measures necessary to
implement this act on its effective date on or before such date.

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