NY State Assembly Bill 2023-A2735A

Current Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 16, 2024	print number 2735a
Jan 16, 2024	amend and recommit to health
Jan 03, 2024	referred to health
Jan 27, 2023	referred to health

Bill Amendments

Original

A (Active)

co-Sponsors

2023-A2735 - Details

See Senate Version of this Bill:: S2122
Current Committee:: Assembly Health
Law Section:: Public Health Law
Laws Affected:: Add §4369-a, Pub Health L
Versions Introduced in 2021-2022 Legislative Session:: A9655, S7602

2023-A2735 - Summary

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.

2023-A2735 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2735
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2023
                                ___________
 
 Introduced  by M. of A. PAULIN, CONRAD, ZEBROWSKI, FAHY -- read once and
   referred to the Committee on Health
 
 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. Short title. 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 history of individuals who have donated reproductive tissue to a
 reproductive  tissue  bank for purposes of an artificial insemination or
 assisted reproductive technology procedure and disseminating this histo-
 ry information to a recipient and donor-conceived person  upon  request,
 if any.
   The  legislature further acknowledges knowing the medical history of a
 donor will provide recipients with the  necessary  information  to  make
 informed  decisions  regarding the process of artificial insemination or
 assisted  reproductive  technology  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 history information provided by donors on donor self-
 reported medical histories and during the donor screening processes  and
 to  keep  detailed  records of such for use by recipients and donor-con-
 ceived persons, if any, prior to a procedure and in the future.
   § 3. The public health law is amended by adding a new  section  4369-a
 to read as follows:
   §  4369-A.  DONOR-CONCEIVED PERSON PROTECTION ACT. 1. FOR THE PURPOSES
 OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00575-03-3

 A. 2735                             2
 
   (A) "REPRODUCTIVE TISSUE BANK" MEANS ANY  PERSON  OR  FACILITY,  WHICH
 PROCURES,  STORES,  OR ARRANGES FOR THE STORAGE OF OR DISTRIBUTES AND/OR
 RELEASES REPRODUCTIVE TISSUE TO  AN  INSEMINATION/IMPLANTATION  SITE  OR
 RECIPIENT  FOR  USE  IN ARTIFICIAL INSEMINATION OR ASSISTED REPRODUCTIVE
 TECHNOLOGY  PROCEDURES.  REPRODUCTIVE  TISSUE BANKS INCLUDE, BUT ARE NOT
 LIMITED TO, SEMEN BANKS, OOCYTE DONATION PROGRAMS AND EMBRYO BANKS.
   (B) "REPRODUCTIVE TISSUE DONOR" MEANS A PERSON WHO PROVIDES  REPRODUC-
 TIVE  TISSUE FOR USE IN ARTIFICIAL INSEMINATION OR ASSISTED REPRODUCTIVE
 PROCEDURES PERFORMED ON  RECIPIENTS  OTHER  THAN  THAT  PERSON  OR  THAT
 PERSON'S REGULAR SEXUAL PARTNER, AND INCLUDES KNOWN DONORS.
   (C) "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.
   (D) "RECIPIENT" MEANS A PERSON WHO RECEIVES REPRODUCTIVE TISSUE FROM A
 DONOR.
   (E)  "DONOR-CONCEIVED  PERSON"  MEANS  A  PERSON  PURPOSELY  CONCEIVED
 THROUGH AN ASSISTED  REPRODUCTIVE  TECHNOLOGY  PROCEDURE  OR  ARTIFICIAL
 INSEMINATION VIA THE DONATION OF DONOR REPRODUCTIVE TISSUE.
   (F)  "KNOWN DONOR" MEANS A REPRODUCTIVE TISSUE DONOR WHOSE IDENTITY IS
 KNOWN TO THE RECIPIENT.
   2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW  TO  THE  CONTRARY,  THE
 COMMISSIONER  SHALL  ENSURE  THAT REPRODUCTIVE TISSUE BANKS, LICENSED BY
 THE DEPARTMENT, BEFORE SELLING OR OTHERWISE PROVIDING A  RECIPIENT  WITH
 DONOR  REPRODUCTIVE  TISSUE, 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 CONCEIVED WITH SUCH
 TISSUE, IF ANY, WHEN SUCH PERSONS TURN EIGHTEEN YEARS OF AGE OR  EARLIER
 UPON  CONSENT  OF THE RECIPIENT PARENT OR GUARDIAN, CONSISTENT WITH THIS
 SECTION.
   3. A REPRODUCTIVE TISSUE BANK DONOR SHALL:
   (A) PROVIDE THE REPRODUCTIVE TISSUE BANK INFORMATION ON THEIR  MEDICAL
 HISTORY  AT  THE  TIME  OF DONATION, INCLUDING ALL AVAILABLE INFORMATION
 SETTING FORTH CONDITIONS OR DISEASES BELIEVED TO BE HEREDITARY, AND  ANY
 DRUGS OR MEDICATION BEING TAKEN BY THE DONOR;
   (B)  PROVIDE  THE  REPRODUCTIVE TISSUE BANK INFORMATION ON ALL SERIOUS
 FAMILIAL MEDICAL CONDITIONS OR DISEASES BELIEVED TO  BE  HEREDITARY,  TO
 THE  EXTENT  SUCH  DONOR  HAS  KNOWLEDGE OF SUCH CONDITIONS OR DISEASES,
 WITHIN THE THIRD DEGREE OF CONSANGUINITY;
   (C) PROVIDE, TO THE BEST OF THEIR ABILITY, THE NAMES OF  ANY  LICENSED
 MEDICAL  PROFESSIONAL  OR  LICENSED  HEALTH  CARE  PRACTITIONER THAT ARE
 PRIMARILY RESPONSIBLE FOR THE MEDICAL CARE OF  SUCH  DONOR,  WITHIN  THE
 PRECEDING  FIVE  YEARS  FROM  THE  DATE  OF DONATION TO THE REPRODUCTIVE
 TISSUE BANK;
   (D) PROVIDE THE REPRODUCTIVE TISSUE BANK WRITTEN  CONSENT  AUTHORIZING
 THE  REPRODUCTIVE  TISSUE BANK TO OBTAIN ALL MEDICAL RECORDS HELD BY ANY
 SUCH LICENSED MEDICAL PROFESSIONAL OR LICENSED HEALTH CARE  PRACTITIONER
 WHO  ARE  PRIMARILY RESPONSIBLE FOR THE MEDICAL CARE OF THE DONOR IN THE
 PRECEDING FIVE YEARS; AND
   (E) PROVIDE WRITTEN CONSENT AUTHORIZING THE RELEASE OF MEDICAL  INFOR-
 MATION  BY  THE  REPRODUCTIVE  TISSUE  BANK,  TO INCLUDE A WAIVER OF THE
 PROTECTION OF MEDICAL HISTORY INFORMATION PURSUANT TO THE HEALTH  INSUR-
 ANCE  PORTABILITY  AND ACCOUNTABILITY ACT OF 1996 AND THEIR IMPLEMENTING
 REGULATIONS, TO POTENTIAL RECIPIENTS AND THEIR PHYSICIANS, AS WELL AS TO
 DONOR-CONCEIVED PERSONS CONCEIVED WITH THE DONOR'S REPRODUCTIVE  TISSUE,
 A. 2735                             3
 
 IF  ANY,  WHEN  SUCH  PERSONS TURN EIGHTEEN YEARS OF AGE OR EARLIER UPON
 CONSENT OF THE RECIPIENT PARENT OR GUARDIAN.
   4.    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 THREE
 OF THIS SECTION;
   (B) VERIFY MEDICAL INFORMATION  PROVIDED  BY  THE  DONOR  AS  REQUIRED
 PURSUANT  TO SUBDIVISION TWO OF THIS SECTION AGAINST THE DONOR'S MEDICAL
 RECORDS, IF ANY;
   (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  RECORDS  OF  SUCH  DONOR
 OBTAINED  PURSUANT  TO  SUBDIVISION  TWO OF THIS SECTION, AS WELL AS ANY
 OTHER INFORMATION REQUIRED TO BE PROVIDED BY THE DONOR, EXCEPT  THAT  IF
 THE  REPRODUCTIVE  TISSUE BANK IS UNABLE TO OBTAIN SUCH INFORMATION FROM
 THE DONOR'S MEDICAL RECORDS, IT SHALL NOTE THE REASON WHY  SUCH  RECORDS
 WERE UNABLE TO BE OBTAINED;
   (D)  PRODUCE  A  STANDARD  FORM,  IDENTIFYING BY REPORTING STATUS, ALL
 MEDICAL INFORMATION REQUIRED TO BE PROVIDED  BY  THE  DONOR  UNDER  THIS
 SECTION,  UTILIZING  VERIFIABLE  INFORMATION  CONTAINED  IN  THE DONOR'S
 MEDICAL RECORDS, AND ANY UNVERIFIABLE MEDICAL  INFORMATION  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 REPRODUC-
 TIVE  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 RECORDS RELEASED TO A
 RECIPIENT AND/OR DONOR-CONCEIVED  PERSONS  CONCEIVED  WITH  THE  DONOR'S
 REPRODUCTIVE  TISSUE, IF ANY. SUCH INFORMATION SHALL INCLUDE THE DONOR'S
 NAME, ADDRESS, AND ANY OTHER INFORMATION WHICH WOULD DIRECTLY  OR  INDI-
 RECTLY  IDENTIFY  THE DONOR. REDACTED RECORDS SHALL BE MADE AVAILABLE AT
 NO CHARGE TO THE RECIPIENT AND/OR 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;
   (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 SIGNED CERTIFICATION FROM THE
 MEDICAL DIRECTOR OF SUCH REPRODUCTIVE TISSUE BANK THAT IT  HAS  COMPLIED
 WITH THE MEDICAL 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 MEDICAL PROFESSIONAL OR
 HEALTH CARE PRACTITIONER OR A REPRODUCTIVE TISSUE BANK LOCATED IN ANOTH-
 ER 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 REPRODUC-
 TIVE TISSUE BANK COMPLIED WITH THE MEDICAL VERIFICATION REQUIREMENTS  OF
 THIS SECTION.
 A. 2735                             4
 
   §  4.  This  act shall take effect on the ninetieth day after it shall
 have become a law and shall  apply  to  all  donor  reproductive  tissue
 donated on and after it shall have become a law; provided, however, that
 if  chapter  814  of  the laws of 2022 shall not have taken effect on or
 before such date then this act shall take effect on the same date and in
 the  same  manner  as  such  chapter  of the laws of 2022, takes effect.
 Effective immediately, the addition, amendment and/or repeal of any rule
 or regulation necessary for the implementation of this act on its effec-
 tive date are authorized to be made and  completed  on  or  before  such
 effective date.

co-Sponsors

2023-A2735A (ACTIVE) - Details

See Senate Version of this Bill:: S2122
Current Committee:: Assembly Health
Law Section:: Public Health Law
Laws Affected:: Add §4369-a, Pub Health L
Versions Introduced in 2021-2022 Legislative Session:: A9655, S7602

2023-A2735A (ACTIVE) - Summary

2023-A2735A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2735--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2023
                                ___________
 
 Introduced  by M. of A. PAULIN, CONRAD, ZEBROWSKI, FAHY -- read once and
   referred to the Committee on Health -- recommitted to the Committee on
   Health in accordance  with  Assembly  Rule  3,  sec.  2  --  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:
 
   Section  1.  Short  title. 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 history of individuals who have donated reproductive tissue to a
 reproductive tissue bank for purposes of an artificial  insemination  or
 assisted reproductive technology procedure and disseminating this histo-
 ry  information  to a recipient and donor-conceived person upon request,
 if any.
   The legislature further acknowledges knowing the medical history of  a
 donor  will  provide  recipients  with the necessary information to make
 informed decisions regarding the process of artificial  insemination  or
 assisted  reproductive  technology  procedure  and  for  donor-conceived
 persons to obtain essential medical information, which  may  reveal  any
 relevant inheritable conditions.
   The  legislature  finds  that reproductive tissue banks have a duty to
 collect and verify medical history information  provided  by  donors  on
 donor  self-reported  medical  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.
   § 3. The public health law is amended by adding a new  section  4369-a
 to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00575-05-3

 A. 2735--A                          2
 
   §  4369-A.  DONOR-CONCEIVED PERSON PROTECTION ACT. 1. FOR THE PURPOSES
 OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "REPRODUCTIVE  TISSUE  BANK"  MEANS ANY PERSON OR FACILITY, WHICH
 PROCURES, STORES, OR ARRANGES FOR THE STORAGE OF OR  DISTRIBUTES  AND/OR
 RELEASES  REPRODUCTIVE  TISSUE  TO  AN INSEMINATION/IMPLANTATION SITE OR
 RECIPIENT FOR USE IN ARTIFICIAL INSEMINATION  OR  ASSISTED  REPRODUCTIVE
 TECHNOLOGY  PROCEDURES.  REPRODUCTIVE  TISSUE BANKS INCLUDE, BUT ARE NOT
 LIMITED TO, SEMEN BANKS, OOCYTE DONATION PROGRAMS AND EMBRYO BANKS.
   (B) "REPRODUCTIVE TISSUE DONOR" MEANS A PERSON WHO PROVIDES  REPRODUC-
 TIVE  TISSUE FOR USE IN ARTIFICIAL INSEMINATION OR ASSISTED REPRODUCTIVE
 PROCEDURES PERFORMED ON  RECIPIENTS  OTHER  THAN  THAT  PERSON  OR  THAT
 PERSON'S REGULAR SEXUAL PARTNER, AND INCLUDES KNOWN DONORS.
   (C) "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.
   (D) "RECIPIENT" MEANS A PERSON WHO RECEIVES REPRODUCTIVE TISSUE FROM A
 DONOR.
   (E)  "DONOR-CONCEIVED  PERSON"  MEANS  A  PERSON  PURPOSELY  CONCEIVED
 THROUGH AN ASSISTED  REPRODUCTIVE  TECHNOLOGY  PROCEDURE  OR  ARTIFICIAL
 INSEMINATION VIA THE DONATION OF DONOR REPRODUCTIVE TISSUE.
   (F)  "KNOWN DONOR" MEANS A REPRODUCTIVE TISSUE DONOR WHOSE IDENTITY IS
 KNOWN TO THE RECIPIENT.
   2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW  TO  THE  CONTRARY,  THE
 COMMISSIONER  SHALL  ENSURE  THAT REPRODUCTIVE TISSUE BANKS, LICENSED BY
 THE DEPARTMENT, BEFORE PROVIDING A  RECIPIENT  WITH  DONOR  REPRODUCTIVE
 TISSUE,  COLLECT  AND  VERIFY  MEDICAL  INFORMATION  FROM  ANY  DONOR IT
 PROCURES REPRODUCTIVE TISSUE FROM AND TO DISSEMINATE SUCH INFORMATION TO
 A RECIPIENT BEFORE A RECIPIENT RECEIVES SUCH TISSUE, AND  TO  DONOR-CON-
 CEIVED  PERSONS  CONCEIVED  WITH  SUCH TISSUE, IF ANY, WHEN SUCH PERSONS
 TURN EITHER: (A) EIGHTEEN YEARS OF AGE; OR (B) EARLIER, UPON CONSENT  OF
 THE RECIPIENT PARENT OR GUARDIAN, CONSISTENT WITH THIS SECTION.
   3. A REPRODUCTIVE TISSUE BANK DONOR SHALL:
   (A)  PROVIDE THE REPRODUCTIVE TISSUE BANK INFORMATION ON THEIR MEDICAL
 HISTORY, BOTH INDIVIDUAL AND FAMILY, INCLUDING FIRST-DEGREE AND  SECOND-
 DEGREE  RELATIVES,  AT  THE  TIME  OF  DONATION, INCLUDING ALL AVAILABLE
 INFORMATION SETTING FORTH CONDITIONS OR DISEASES BELIEVED TO BE  HEREDI-
 TARY, AND ANY DRUGS OR MEDICATION BEING TAKEN BY THE DONOR.  THE COMMIS-
 SIONER  MAY  REQUIRE  THROUGH  REGULATION ANY ADDITIONAL MEDICAL HISTORY
 THAT MAY ADVERSELY AFFECT THE QUALITY OF REPRODUCTIVE TISSUE  OR  IMPAIR
 THE RECIPIENT'S AND/OR THE DONOR-CONCEIVED PERSON'S HEALTH;
   (B)  PROVIDE,  TO THE BEST OF THEIR ABILITY, THE NAMES OF ANY LICENSED
 MEDICAL PROFESSIONAL OR  LICENSED  HEALTH  CARE  PRACTITIONER  THAT  ARE
 PRIMARILY  RESPONSIBLE  FOR  THE  MEDICAL CARE OF SUCH DONOR, WITHIN THE
 PRECEDING FIVE YEARS FROM THE  DATE  OF  DONATION  TO  THE  REPRODUCTIVE
 TISSUE BANK;
   (C)  PROVIDE  THE REPRODUCTIVE TISSUE BANK WRITTEN CONSENT AUTHORIZING
 THE REPRODUCTIVE TISSUE BANK TO OBTAIN ALL RELEVANT MEDICAL RECORDS HELD
 BY ANY SUCH LICENSED MEDICAL PROFESSIONAL OR LICENSED HEALTH CARE  PRAC-
 TITIONER WHO ARE PRIMARILY RESPONSIBLE FOR THE MEDICAL CARE OF THE DONOR
 IN  THE  PRECEDING  FIVE  YEARS.  SUCH  RECORDS SHALL BE TAILORED TO THE
 REQUIREMENTS OF THIS SECTION; AND
   (D) PROVIDE WRITTEN CONSENT AUTHORIZING THE RELEASE OF MEDICAL  INFOR-
 MATION  BY  THE  REPRODUCTIVE  TISSUE  BANK,  TO INCLUDE A WAIVER OF THE
 PROTECTION OF MEDICAL HISTORY INFORMATION PURSUANT TO THE HEALTH  INSUR-
 ANCE  PORTABILITY  AND ACCOUNTABILITY ACT OF 1996 AND THEIR IMPLEMENTING
 A. 2735--A                          3
 
 REGULATIONS, TO POTENTIAL RECIPIENTS AND THEIR PHYSICIANS, AS WELL AS TO
 DONOR-CONCEIVED PERSONS CONCEIVED WITH THE DONOR'S REPRODUCTIVE TISSUE.
   4.    A  REPRODUCTIVE  TISSUE BANK PROCURING DONOR REPRODUCTIVE TISSUE
 SHALL:
   (A) PROVIDE A STATEMENT, SIGNED BY THE DONOR, INFORMING THEM OF  THEIR
 OBLIGATIONS CONTAINED WITHIN THE PROVISIONS OF SUBDIVISION THREE OF THIS
 SECTION;
   (B)  VERIFY  MEDICAL  INFORMATION  PROVIDED  BY  THE DONOR AS REQUIRED
 PURSUANT TO SUBDIVISION TWO OF THIS SECTION AGAINST THE DONOR'S  MEDICAL
 RECORDS, IF ANY;
   (C)  DISCLOSE TO RECIPIENTS BEFORE PROVIDING THEM WITH DONOR REPRODUC-
 TIVE TISSUE, AND IF APPLICABLE, DONOR-CONCEIVED PERSONS  CONCEIVED  WITH
 THE  DONOR'S  REPRODUCTIVE TISSUE UPON REQUEST WHEN SUCH PERSONS EITHER:
 (I) TURN EIGHTEEN YEARS OF AGE;  OR (II) EARLIER, UPON  CONSENT  OF  THE
 RECIPIENT PARENT OR GUARDIAN, ALL RELEVANT MEDICAL RECORDS OF SUCH DONOR
 OBTAINED  PURSUANT  TO  SUBDIVISION  TWO OF THIS SECTION, AS WELL AS ANY
 OTHER INFORMATION REQUIRED TO BE PROVIDED BY THE DONOR, EXCEPT  THAT  IF
 THE  REPRODUCTIVE  TISSUE BANK IS UNABLE TO OBTAIN SUCH INFORMATION FROM
 THE DONOR'S MEDICAL RECORDS, IT SHALL NOTE THE REASON WHY  SUCH  RECORDS
 WERE UNABLE TO BE OBTAINED;
   (D)  PRODUCE  A  STANDARD  FORM,  IDENTIFYING BY REPORTING STATUS, ALL
 MEDICAL INFORMATION REQUIRED TO BE PROVIDED  BY  THE  DONOR  UNDER  THIS
 SECTION,  UTILIZING  VERIFIABLE  INFORMATION  CONTAINED  IN  THE DONOR'S
 MEDICAL RECORDS, AND ANY UNVERIFIABLE MEDICAL  INFORMATION  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 REPRODUC-
 TIVE TISSUE UPON REQUEST;
   (E)  EXCEPT IN THE CASE OF KNOWN DONORS, REDACT ANY PERSONAL IDENTIFY-
 ING INFORMATION CONTAINED IN THE DONOR'S MEDICAL RECORDS RELEASED  TO  A
 RECIPIENT  AND/OR  DONOR-CONCEIVED  PERSONS  CONCEIVED  WITH THE DONOR'S
 REPRODUCTIVE TISSUE, IF ANY. SUCH INFORMATION SHALL INCLUDE THE  DONOR'S
 NAME,  ADDRESS,  AND ANY OTHER INFORMATION WHICH WOULD DIRECTLY OR INDI-
 RECTLY IDENTIFY THE DONOR. REDACTED RECORDS SHALL BE MADE  AVAILABLE  AT
 NO CHARGE TO THE RECIPIENT AND/OR DONOR-CONCEIVED PERSONS CONCEIVED WITH
 THE DONOR'S REPRODUCTIVE TISSUE UPON REQUEST;
   (F) DONOR-CONCEIVED PERSONS CONCEIVED OUTSIDE OF THE STATE OF NEW YORK
 WITH  REPRODUCTIVE TISSUE PROCURED BY A REPRODUCTIVE TISSUE BANK LOCATED
 WITHIN THE STATE OF NEW YORK SHALL HAVE ACCESS TO  THE  DONOR'S  MEDICAL
 RECORDS AS ALLOWED UNDER THIS SECTION.
   (G)  REPRODUCTIVE  TISSUE BANKS SHALL KEEP THE DONOR'S MEDICAL RECORDS
 REQUIRED PURSUANT TO SUBDIVISION TWO OF THIS SECTION FOR AT LEAST  TWEN-
 TY-FIVE  YEARS  AFTER  THE RELEASE OF REPRODUCTIVE TISSUE FOR ARTIFICIAL
 INSEMINATIONS OR ASSISTED REPRODUCTIVE TECHNOLOGY  PROCEDURES  KNOWN  TO
 HAVE RESULTED IN A LIVE BIRTH.
   (H) SHOULD A DONOR-CONCEIVED PERSON REQUEST DISCLOSURE OF THE RELEVANT
 MEDICAL INFORMATION WHEN EITHER: (I) THEY TURN EIGHTEEN YEARS OF AGE; OR
 (II)  EARLIER,  UPON  CONSENT  OF  THE RECIPIENT PARENT OR GUARDIAN, THE
 REPRODUCTIVE TISSUE BANK, TO THE EXTENT PRACTICABLE, SHALL REQUIRE  FROM
 THE  REPRODUCTIVE TISSUE DONOR UPDATED RELEVANT MEDICAL RECORDS OR WRIT-
 TEN CONSENT TO PROCURE SUCH RECORDS.
   (I) 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  MEDICAL  PROFESSIONAL  OR
 HEALTH CARE PRACTITIONER OR A REPRODUCTIVE TISSUE BANK LOCATED IN ANOTH-
 ER  STATE  UNLESS  THE  REPRODUCTIVE  TISSUE  IS ACCOMPANIED BY A SIGNED
 A. 2735--A                          4
 
 CERTIFICATION FROM THE MEDICAL DIRECTOR OF THE REPRODUCTIVE TISSUE  BANK
 FROM WHICH THE DONOR REPRODUCTIVE TISSUE WAS PROCURED THAT THE REPRODUC-
 TIVE  TISSUE BANK COMPLIED WITH THE MEDICAL VERIFICATION REQUIREMENTS OF
 THIS SECTION.
   §  4.  This  act shall take effect on the ninetieth day after it shall
 have become a law and shall  apply  to  all  donor  reproductive  tissue
 donated  on and after it shall have become a law. Effective immediately,
 the addition, amendment and/or repeal of any rule or  regulation  neces-
 sary  for  the  implementation  of  this  act  on its effective date are
 authorized to be made and completed on or before such effective date.

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Assembly Bill A2735A

Sponsored By

Current Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

2023-A2735 - Details

2023-A2735 - Summary

2023-A2735 - Bill Text download pdf

co-Sponsors

2023-A2735A (ACTIVE) - Details

2023-A2735A (ACTIVE) - Summary

2023-A2735A (ACTIVE) - Bill Text download pdf

Comments

Assembly Bill A2735A

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Sponsored By

PAULIN

Current Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

William Conrad

Kenneth Zebrowski

Patricia Fahy

2023-A2735 - Details

2023-A2735 - Summary

2023-A2735 - Bill Text download pdf

co-Sponsors

William Conrad

Kenneth Zebrowski

Patricia Fahy

2023-A2735A (ACTIVE) - Details

2023-A2735A (ACTIVE) - Summary

2023-A2735A (ACTIVE) - Bill Text download pdf

Comments