Senate Bill S7602A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7602
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             December 15, 2021
                                ___________
 
 Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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:
 
   Section 1.  This act shall be known and may be cited  as  the  "donor-
 conceived person protection act".
   §  2.  Legislative  findings and intent.  The legislature acknowledges
 the importance  of  parents  and  donor-conceived  persons  knowing  the
 medical,  educational and criminal felony conviction history of individ-
 uals who have donated reproductive tissue to a reproductive tissue  bank
 for  purposes  of  an  artificial  insemination or assisted reproductive
 technology procedure and disseminating this  history  information  to  a
 recipient and donor-conceived person upon request, if any.
   The  legislature further acknowledges knowing the medical, educational
 and criminal felony conviction history of a donor will  provide  recipi-
 ents with the necessary information to make informed decisions regarding
 the process of artificial insemination or assisted reproductive technol-
 ogy  procedure  and  for  donor-conceived  persons  to  obtain essential
 medical information, which may  reveal  any  genetic  or  mental  health
 disorders.
   The  legislature finds that reproductive tissue banks, including semen
 banks, oocyte donation programs and embryo banks have a duty to  collect
 and  verify  medical, educational and criminal felony conviction history
 information provided by donors on donor  self-reported  medical,  educa-
 tional  and  criminal  felony  conviction histories and during the donor
 screening processes and to keep detailed records  of  such  for  use  by
 recipients and donor-conceived 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.
                                                            LBD13971-03-1
 S. 7602                             2
              

 
   The  legislature further finds that the protections currently afforded
 to reproductive tissue bank donors' medical and educational  records  be
 waived  and  that  donors'  identify  all  recent medical professionals,
 secondary and  post-secondary  schools  attended,  and  criminal  felony
 convictions  on  such donor self-reported histories and during the donor
 screening processes, in order to effectuate the provisions of this act.
   § 3. Section 4360 of the public health law is amended by  adding  five
 new subdivisions 1-a, 11, 12, 13 and 14 to read as follows:
   1-A.  "REPRODUCTIVE  TISSUE  BANK"  MEANS  A FACILITY, WHICH ACQUIRES,
 PROCESSES, STORES, DISTRIBUTES AND/OR RELEASES REPRODUCTIVE TISSUE TO AN
 INSEMINATION/IMPLANTATION SITE OR RECIPIENT FOR USE IN ARTIFICIAL  INSE-
 MINATION  OR  ASSISTED REPRODUCTIVE TECHNOLOGY PROCEDURES.  REPRODUCTIVE
 TISSUE BANKS INCLUDE, BUT  ARE  NOT  LIMITED  TO,  SEMEN  BANKS,  OOCYTE
 DONATION PROGRAMS AND EMBRYO BANKS.
   11. "DONOR" MEANS A PERSON WHO PROVIDES REPRODUCTIVE TISSUE FOR USE IN
 ARTIFICIAL INSEMINATION OR ASSISTED REPRODUCTIVE PROCEDURES PERFORMED ON
 RECIPIENTS  OTHER THAN THAT PERSON OR THAT PERSON'S REGULAR SEXUAL PART-
 NER, AND INCLUDES DIRECT AND KNOWN DONORS.
   12. "DONOR REPRODUCTIVE TISSUE" MEANS ANY TISSUE FROM THE REPRODUCTIVE
 TRACT INTENDED FOR USE IN ARTIFICIAL INSEMINATION OR ANY OTHER  ASSISTED
 REPRODUCTIVE  TECHNOLOGY  PROCEDURE.   THIS INCLUDES, BUT IS NOT LIMITED
 TO, SEMEN, OOCYTES, EMBRYOS, SPERMATOZOA, SPERMATIDS.
   13. "RECIPIENT" MEANS A PERSON WHO RECEIVES REPRODUCTIVE TISSUE FROM A
 DONOR.
   14.  "DONOR-CONCEIVED  PERSON"  MEANS  A  PERSON  PURPOSELY  CONCEIVED
 THROUGH  AN  ASSISTED  REPRODUCTIVE  TECHNOLOGY  PROCEDURE OR ARTIFICIAL
 INSEMINATION VIA THE DONATION OF DONOR REPRODUCTIVE TISSUE.
   § 4. The public health law is amended by adding a new section 4370  to
 read as follows:
   § 4370. DONOR-CONCEIVED PERSON PROTECTION ACT.  1. NOTWITHSTANDING ANY
 OTHER  PROVISION  OF  LAW TO THE CONTRARY, THE COMMISSIONER SHALL ENSURE
 THAT REPRODUCTIVE TISSUE BANKS, LICENSED BY THE DEPARTMENT, BEFORE SELL-
 ING OR OTHERWISE PROVIDING A RECIPIENT WITH DONOR  REPRODUCTIVE  TISSUE,
 COLLECT  AND  VERIFY MEDICAL, EDUCATIONAL AND CRIMINAL FELONY CONVICTION
 HISTORY 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 CONCEIVED WITH SUCH TISSUE, IF ANY, WHEN SUCH PERSONS TURN EIGH-
 TEEN  YEARS  OF  AGE  OR EARLIER UPON CONSENT OF THE RECIPIENT PARENT OR
 GUARDIAN, CONSISTENT WITH THIS SECTION.
   2. A REPRODUCTIVE TISSUE BANK DONOR SHALL:
   (A) PROVIDE THE REPRODUCTIVE TISSUE BANK INFORMATION ON ALL  DIAGNOSED
 MEDICAL CONDITIONS, INCLUDING BUT NOT LIMITED TO, ANY GENETIC DISORDERS,
 INFECTIOUS DISEASES, MENTAL DISABILITIES AND/OR SERIOUS MENTAL ILLNESSES
 AS SUCH ARE DEFINED WITHIN SECTION 1.03 OF THE MENTAL HYGIENE LAW;
   (B)  PROVIDE  THE  REPRODUCTIVE TISSUE BANK INFORMATION ON ALL SERIOUS
 FAMILIAL MEDICAL CONDITIONS, TO THE EXTENT SUCH DONOR HAS  KNOWLEDGE  OF
 OR  SHOULD HAVE KNOWLEDGE OF SUCH CONDITIONS, WITHIN THE THIRD DEGREE OF
 CONSANGUINITY, INCLUDING BUT NOT  LIMITED  TO,  ANY  GENETIC  DISORDERS,
 INFECTIOUS DISEASES, MENTAL DISABILITIES AND/OR SERIOUS MENTAL ILLNESSES
 AS SUCH ARE DEFINED WITHIN SECTION 1.03 OF THE MENTAL HYGIENE LAW;
   (C) PROVIDE THE NAMES OF ANY MEDICAL PROFESSIONALS SEEN BY SUCH DONOR,
 WITHIN  THE  PRECEDING FIVE YEARS FROM THE DATE OF DONATION, ANY SECOND-
 ARY, POST-SECONDARY, AND GRADUATE SCHOOLS  ATTENDED,  AND  ANY  CRIMINAL
 FELONY CONVICTIONS TO THE REPRODUCTIVE TISSUE BANK;
 S. 7602                             3
 
   (D)  PROVIDE  THE REPRODUCTIVE TISSUE BANK WRITTEN CONSENT AUTHORIZING
 THE REPRODUCTIVE TISSUE BANK TO OBTAIN ALL MEDICAL RECORDS HELD BY  SUCH
 MEDICAL PROFESSIONALS SEEN BY THE DONOR IN THE PRECEDING FIVE YEARS, ALL
 ENROLLMENT  AND  GRADUATION RECORDS HELD BY SECONDARY AND POST-SECONDARY
 SCHOOLS  ATTENDED  BY  THE  DONOR,  AND  ALL  CRIMINAL FELONY CONVICTION
 RECORDS; AND
   (E) PROVIDE WRITTEN CONSENT AUTHORIZING THE RELEASE OF MEDICAL, EDUCA-
 TIONAL, AND CRIMINAL FELONY CONVICTION HISTORY INFORMATION BY THE REPRO-
 DUCTIVE TISSUE BANK, TO INCLUDE A WAIVER OF THE  PROTECTION  OF  MEDICAL
 HISTORY  INFORMATION  PURSUANT  TO  THE HEALTH INSURANCE PORTABILITY AND
 ACCOUNTABILITY ACT OF 1996 AND THE  PROTECTION  OF  EDUCATIONAL  HISTORY
 INFORMATION  PURSUANT  TO  THE FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT
 AND THEIR IMPLEMENTING REGULATIONS, TO POTENTIAL  RECIPIENTS  AND  THEIR
 PHYSICIANS,  AS  WELL  AS  TO DONOR-CONCEIVED PERSONS CONCEIVED WITH THE
 DONOR'S REPRODUCTIVE TISSUE, IF ANY, WHEN  SUCH  PERSONS  TURN  EIGHTEEN
 YEARS  OF AGE OR EARLIER UPON CONSENT OF THE RECIPIENT PARENT OR GUARDI-
 AN.
   3.  A REPRODUCTIVE TISSUE BANK  PROCURING  DONOR  REPRODUCTIVE  TISSUE
 SHALL:
   (A)  PROVIDE A STATEMENT, SIGNED BY THE DONOR, INFORMING HIM OR HER OF
 THEIR OBLIGATIONS CONTAINED WITHIN THE PROVISIONS OF SUBDIVISION TWO  OF
 THIS SECTION;
   (B)  VERIFY MEDICAL, EDUCATIONAL AND CRIMINAL FELONY CONVICTION INFOR-
 MATION PROVIDED BY THE DONOR AS REQUIRED PURSUANT TO SUBDIVISION TWO  OF
 THIS SECTION AGAINST THE DONOR'S MEDICAL, EDUCATIONAL AND CRIMINAL FELO-
 NY  CONVICTION RECORDS, IF ANY, INCLUDING OBTAINING A STATEWIDE CRIMINAL
 HISTORY RECORD SEARCH FROM THE NEW YORK STATE OFFICE OF  COURT  ADMINIS-
 TRATION;
   (C)  DISCLOSE TO RECIPIENTS BEFORE SELLING OR OTHERWISE PROVIDING THEM
 WITH DONOR  REPRODUCTIVE  TISSUE,  AND  IF  APPLICABLE,  DONOR-CONCEIVED
 PERSONS  CONCEIVED  WITH  THE  DONOR'S REPRODUCTIVE TISSUE UPON REQUEST,
 WHEN SUCH PERSONS TURN EIGHTEEN YEARS OF AGE OR EARLIER UPON CONSENT  OF
 THE  RECIPIENT PARENT OR GUARDIAN, ALL MEDICAL, EDUCATIONAL AND CRIMINAL
 FELONY CONVICTION RECORDS OF SUCH DONOR, AS WELL AS ANY  OTHER  INFORMA-
 TION  REQUIRED TO BE PROVIDED BY THE DONOR, INCLUDING THE TIMEFRAMES AND
 TYPE OF MEDICAL  PROFESSIONALS  CONTAINED  WITHIN  THE  DONOR'S  MEDICAL
 RECORDS, EXCEPT THAT IF THE REPRODUCTIVE TISSUE BANK IS UNABLE TO OBTAIN
 SUCH  INFORMATION  FROM  THE  DONOR'S MEDICAL RECORDS, IT SHALL NOTE THE
 TYPE OF MEDICAL PROFESSIONAL AND STATE THE REASON WHY SUCH RECORDS  WERE
 UNABLE TO BE OBTAINED;
   (D) PRODUCE A STANDARD FORM, PRESCRIBED BY THE COMMISSIONER, IDENTIFY-
 ING  BY  REPORTING  STATUS, ALL MEDICAL, EDUCATIONAL AND CRIMINAL FELONY
 CONVICTION INFORMATION REQUIRED TO BE PROVIDED BY THE DONOR  UNDER  THIS
 SECTION,  UTILIZING  VERIFIABLE  INFORMATION  CONTAINED  IN  THE DONOR'S
 MEDICAL, EDUCATIONAL AND CRIMINAL FELONY  CONVICTION  RECORDS,  AND  ANY
 UNVERIFIABLE  MEDICAL, EDUCATIONAL AND CRIMINAL FELONY CONVICTION INFOR-
 MATION PROVIDED BY THE DONOR TO THE REPRODUCTIVE TISSUE BANK.  SUCH FORM
 SHALL BE MADE AVAILABLE AT NO CHARGE TO BOTH  THE  RECIPIENT  AND  THEIR
 PHYSICIAN,  AS  WELL  AS  ANY DONOR-CONCEIVED PERSONS CONCEIVED WITH THE
 DONOR'S REPRODUCTIVE TISSUE UPON REQUEST, IF ANY, WHEN SUCH PERSONS TURN
 EIGHTEEN YEARS OF AGE OR EARLIER UPON CONSENT OF THE RECIPIENT PARENT OR
 GUARDIAN;
   (E) EXCEPT IN THE CASE OF KNOWN DONORS, REDACT ANY PERSONAL  IDENTIFY-
 ING INFORMATION CONTAINED IN THE DONOR'S MEDICAL, EDUCATIONAL AND CRIMI-
 NAL  FELONY  CONVICTION RECORDS RELEASED TO A RECIPIENT, THEIR PHYSICIAN
 AND DONOR-CONCEIVED PERSONS  CONCEIVED  WITH  THE  DONOR'S  REPRODUCTIVE
 S. 7602                             4
 
 TISSUE,  IF  ANY.  SUCH  INFORMATION  SHALL  INCLUDE  THE  DONOR'S NAME,
 ADDRESS, AND ANY OTHER INFORMATION WHICH WOULD  DIRECTLY  OR  INDIRECTLY
 IDENTIFY  THE  DONOR.  REDACTED  RECORDS  SHALL  BE MADE AVAILABLE AT NO
 CHARGE  TO THE RECIPIENT, THEIR PHYSICIAN AS WELL AS ANY DONOR-CONCEIVED
 PERSON CONCEIVED WITH THE DONOR'S REPRODUCTIVE TISSUE UPON  REQUEST,  IF
 ANY;
   (F)  NO  DONOR  REPRODUCTIVE  TISSUE PROCURED BY A REPRODUCTIVE TISSUE
 BANK LOCATED OUTSIDE THE STATE OF NEW YORK SHALL BE USED IN ANY  ARTIFI-
 CIAL  INSEMINATION  OR ANY OTHER ASSISTED REPRODUCTIVE TECHNOLOGY PROCE-
 DURE SET TO TAKE PLACE WITHIN THE STATE UNLESS AND UNTIL  THE  REPRODUC-
 TIVE TISSUE BANK PROVIDES THE RECIPIENT AND/OR THE RECIPIENT'S PHYSICIAN
 SIGNED  CERTIFICATION  FROM  THE  MEDICAL  DIRECTOR OF SUCH REPRODUCTIVE
 TISSUE BANK THAT IT HAS COMPLIED WITH THE MEDICAL, EDUCATIONAL AND CRIM-
 INAL FELONY CONVICTION VERIFICATION REQUIREMENTS OF THIS SECTION; AND
   (G) NO DONOR REPRODUCTIVE TISSUE PROCURED  BY  A  REPRODUCTIVE  TISSUE
 BANK  LOCATED  WITHIN  THE  STATE OF NEW YORK SHALL BE SOLD OR OTHERWISE
 SHIPPED OR TRANSFERRED TO A RECIPIENT, THEIR PHYSICIAN OR A REPRODUCTIVE
 TISSUE BANK LOCATED IN ANOTHER STATE UNLESS THE REPRODUCTIVE  TISSUE  IS
 ACCOMPANIED  BY  A SIGNED CERTIFICATION FROM THE MEDICAL DIRECTOR OF THE
 REPRODUCTIVE TISSUE BANK FROM WHICH THE DONOR  REPRODUCTIVE  TISSUE  WAS
 PROCURED  THAT  THE  REPRODUCTIVE TISSUE BANK COMPLIED WITH THE MEDICAL,
 EDUCATIONAL AND CRIMINAL FELONY CONVICTION VERIFICATION REQUIREMENTS  OF
 THIS SECTION.
   §  5.  This  act shall take effect on the ninetieth day after it shall
 have become a law.    Effective  immediately,  the  addition,  amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of  this  act  on  its  effective  date  are  authorized  to be made and
 completed on or before such effective date.