S T A T E O F N E W Y O R K
________________________________________________________________________
4295
2023-2024 Regular Sessions
I N A S S E M B L Y
February 14, 2023
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Introduced by M. of A. FITZPATRICK, BARCLAY, BRABENEC, DeSTEFANO,
J. M. GIGLIO, MORINELLO, NORRIS, RA, TAGUE -- Multi-Sponsored by -- M.
of A. MILLER -- 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.
2. ANY PERSON THAT ACCEPTS THE DONATION OF HUMAN EGGS SHALL MAINTAIN A
RECORD OF ALL EXPENSES REIMBURSED TO DONORS, CONTAINING INFORMATION
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08422-01-3
A. 4295 2
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.