S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2122--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 18, 2023
                                ___________
 
 Introduced  by  Sens.  GALLIVAN, BORRELLO, OBERACKER, ORTT, WEIK -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee  on  Health  --  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.
                                                            LBD00575-04-3
 S. 2122--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
 S. 2122--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
 S. 2122--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.