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Senate Bill S7985

2015-2016 Legislative Session

Requires certain disclosures by sperm and ovum storage facilities

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Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

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2015-S7985 (ACTIVE) - Details

See Assembly Version of this Bill:
A6289
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add ยง391-u, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2009-2010: A3458
2011-2012: A3045
2013-2014: A4418
2017-2018: S5697, A423
2019-2020: A23
2021-2022: A200

2015-S7985 (ACTIVE) - Summary

Requires sperm and ovum storage facilities to inform clients regarding any state or federal laws relating to the inheritance rights of a posthumously conceived child from the utilization of such sperm or ovum; requires such facilities to update clients regarding any changes to the laws for ten years after the initial execution of any contracts.

2015-S7985 (ACTIVE) - Sponsor Memo

2015-S7985 (ACTIVE) - Bill Text download pdf 

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

                                  7985

                            I N  S E N A T E

                              June 2, 2016
                               ___________

Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

AN ACT to amend the general  business  law,  in  relation  to  requiring
  certain disclosures by sperm and ovum storage facilities

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
391-u to read as follows:
  S 391-U. DISCLOSURE STATEMENT BY SPERM OR OVUM STORAGE  FACILITY.  (A)
ANY  MEDICAL FACILITY, OR OTHER FACILITY, ENGAGED IN THE BUSINESS OF THE
STORAGE OF SPERM OR  OVUM  SHALL  PROVIDE,  PRIOR  TO  ENGAGING  IN  ANY
CONTRACTUAL  AGREEMENT  WITH  A  CLIENT,  A DISCLOSURE STATEMENT TO SUCH
CLIENT WHICH NOTIFIES HIM OR HER OF THE PROVISIONS OF ANY EXISTING STATE
OR FEDERAL LAWS ON THE STORAGE OF SPERM OR OVUM INCLUDING  ANY  STATUTES
OF LIMITATIONS RELATING TO THE INHERITANCE RIGHTS OF A CHILD POSTHUMOUS-
LY  CONCEIVED  FROM  THE  UTILIZATION  OF SPERM OR OVUM STORED WITH SUCH
FACILITY.  SUCH FACILITY SHALL KEEP THE ADDRESS AND/OR EMAIL ADDRESS  OF
SUCH  CLIENT  FOR  TEN  YEARS  AND  SHALL ONLY USE SUCH ADDRESS OR EMAIL
ADDRESS TO SEND NOTIFICATION TO SUCH CLIENT PURSUANT TO SUBDIVISION  (B)
OF THIS SECTION.
  (B) IN ADDITION TO THE DISCLOSURE PROVIDED PURSUANT TO SUBDIVISION (A)
OF  THIS SECTION, SHOULD ANY STATE OR FEDERAL LAWS DISCLOSED PURSUANT TO
SUBDIVISION (A) OF THIS SECTION  CHANGE,  SUCH  FACILITY  SHALL  SEND  A
NOTIFICATION  TO  THE  CLIENT  OF THE CHANGE. SUCH NOTIFICATION SHALL BE
SENT THROUGH THE POSTAL  SERVICE  OR  THROUGH  ELECTRONIC  MAIL  TO  THE
ADDRESS  OR  EMAIL  ADDRESS  GIVEN  BY THE CLIENT TO SUCH FACILITY. SUCH
NOTIFICATION SHALL CONTINUE FOR TEN YEARS AFTER THE INITIAL EXECUTION OF
ANY CONTRACT.
  (C) UPON THE EXPIRATION OF THE TEN YEAR NOTICE PERIOD PROVIDED  PURSU-
ANT TO SUBDIVISION (B) OF THIS SECTION, THE FACILITY SHALL SEND A NOTICE
TO  THE  CLIENT  THAT  THEY WILL NO LONGER BE NOTIFIED OF CHANGES TO ANY
UPDATED STATE OR FEDERAL LAWS AND THAT  THE  CLIENT  SHOULD  ATTEMPT  TO
FOLLOW ANY CHANGES TO THE LAWS IN THE FUTURE ON HIS OR HER OWN.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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