Assembly Bill A5608

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5608
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 22, 2021
                                ___________
 
 Introduced  by  M.  of  A.  FITZPATRICK,  BARCLAY,  BRABENEC, DeSTEFANO,
   J. M. GIGLIO, MORINELLO, NORRIS, RA, TAGUE -- Multi-Sponsored by -- M.
   of A.  M. MILLER, SALKA -- read once and referred to the Committee  on
   Health
 
 AN ACT to amend the public health law, in relation to making it unlawful
   to provide consideration for the donation of human eggs for scientific
   research
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public health law is amended by adding  a  new  section
 4311 to read as follows:
   §  4311.  PROHIBITION  OF  VALUABLE  CONSIDERATION FOR THE DONATION OF
 HUMAN EGGS FOR SCIENTIFIC RESEARCH. 1. IT  SHALL  BE  UNLAWFUL  FOR  ANY
 PERSON  TO  KNOWINGLY PROVIDE OR OFFER TO PROVIDE VALUABLE CONSIDERATION
 TO ANY WOMAN WHO DONATES A HUMAN EGG FOR SCIENTIFIC RESEARCH.  IT  SHALL
 FURTHER BE UNLAWFUL FOR ANY ADVERTISING OR PUBLICITY AIMED AT RECRUITING
 DONORS  OF  HUMAN  EGGS OR ENCOURAGING DONATION OF HUMAN EGGS TO INCLUDE
 ANY REFERENCE, EXPRESS  OR  IMPLIED,  TO  THE  POSSIBILITY  OF  VALUABLE
 CONSIDERATION FOR SUCH A DONATION, ALTHOUGH REFERENCE MAY BE MADE TO THE
 AVAILABILITY  OF REIMBURSEMENT FOR ACTUAL EXPENSES, AS PERMITTED BY THIS
 SECTION.
   (A) THE TERM "VALUABLE CONSIDERATION" SHALL NOT INCLUDE THE REIMBURSE-
 MENT OF ACTUAL EXPENSES INCURRED BY THE WOMAN HERSELF IN CONNECTION WITH
 THE DONATION OF AN EGG.
   (B) THE TERM "ACTUAL EXPENSES" SHALL BE DEFINED AS NECESSARY  EXPENDI-
 TURES  PAID OR INCURRED BY THE WOMAN HERSELF, INCLUDING TRAVEL, HOUSING,
 AND LOST WAGES,  BUT  SHALL  NOT  INCLUDE  ANY  INDEFINITE  OR  INCHOATE
 EXPENSES,  SUCH  AS  INCONVENIENCES  OR  BURDENS.  REIMBURSEMENT  MAY BE
 PROVIDED FOR ACTUAL AND REASONABLE MEDICAL EXPENSES INCURRED BY  AN  EGG
 DONOR WHO BECOMES ILL AS A DIRECT RESULT OF THE DONATION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08121-01-1
              

 A. 5608                             2
 
   2. ANY PERSON THAT ACCEPTS THE DONATION OF HUMAN EGGS SHALL MAINTAIN A
 RECORD  OF  ALL  EXPENSES  REIMBURSED  TO DONORS, CONTAINING INFORMATION
 ABOUT THE DATE, AMOUNT, RECIPIENT, SPECIFIC JUSTIFICATION AND DOCUMENTA-
 TION SUPPORTING EACH REIMBURSEMENT.
   3.  ANY  PERSON  THAT  ACCEPTS THE DONATION OF HUMAN EGGS SHALL OBTAIN
 FROM THE DONOR A CERTIFICATION THAT NO VALUABLE CONSIDERATION  WAS  PAID
 TO  HER  BY  ANY  PERSON  FOR  HER  DONATION  OF  AN EGG, EXCEPT FOR THE
 REIMBURSEMENT OF ACTUAL EXPENSES AS  PERMITTED  BY  THIS  SECTION.  SUCH
 CERTIFICATIONS SHALL BE REQUIRED TO BE MAINTAINED BY THE PERSON OR ENTI-
 TY IN THEIR RECORDS.
   4.  THIS  SECTION SHALL NOT APPLY TO THE PROCUREMENT OF HUMAN EGGS FOR
 THE TREATMENT OF INFERTILITY.
   5. ANY PERSON WHO VIOLATES THIS SECTION SHALL BE GUILTY OF A  CLASS  E
 FELONY.
   § 2. This act shall take effect immediately.