NY State Senate Bill 2025-S690B

Current Bill Status - In Senate Committee Health 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 12, 2026	print number 690b
May 12, 2026	amend and recommit to health
Jan 07, 2026	referred to health
Jun 13, 2025	committed to rules
Jun 04, 2025	advanced to third reading
May 29, 2025	2nd report cal.
May 28, 2025	1st report cal.1385
May 20, 2025	print number 690a
May 20, 2025	amend and recommit to health
Jan 08, 2025	referred to health

Votes

- May 28, 2025 - Health Committee Vote
  S690B
  
  Aye
  
  7
  
  Nay
  
  1
  
  Aye with Reservations
  
  5
  
  Absent
  
  0
  
  Excused
  
  2
  
  Abstained
  
  0
  - - Health Committee Vote: May 28, 2025
      
      aye (7)
      
      Ashby
      
      Gallivan
      
      Jackson
      
      Rhoads
      
      Rivera
      
      Stec
      
      Sutton
      
      nay (1)
      
      Hoylman-Sigal
      
      aye wr (5)
      
      Brouk
      
      Gonzalez
      
      Parker
      
      Ryan
      
      Webb
      
      excused (2)
      
      Martins
      
      Myrie

Bill Amendments

Original

B (Active)

co-Sponsors

View additional co-sponsors

2025-S690 - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §4369-a, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S7602
2023-2024: S2122

2025-S690 - 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.

2025-S690 - Sponsor Memo

                                 
BILL NUMBER: S690

SPONSOR: GALLIVAN
 
PURPOSE:

The "donor-conceived person protection act" establishes the necessary
legal safeguards for people who utilize reproductive tissue bank
services, in part, by requiring medical history information of a donor
be made available so that prospective recipients are able to make
informed decisions. This legislation further provides an option to any
donor-conceived persons to access vital donor records.

 
SUMMARY OF PROVISIONS:

Section one establishes the title "donor-conceived protection act".

Section 2. Establishes legislative findings and intent.

Section 3. Adds a news section 4369-a of the public health law entitled
donor-conceived person protection act.

Section 4. Establishes the effective date.

 
JUSTIFICATION:

Artificial insemination and assisted reproductive technology procedures
offer people and their families an opportunity at parenthood. Unfortu-
nately, the decision-making process regarding these procedures is often
reliant on information gathered based on policies of the specific repro-
ductive tissue banks themselves, which typically includes only self-re-
ported information by a donor. Such policies lack necessary oversight
and leave people who utilize these services with insufficient informa-
tion to make an informed decision.

Moreover, children of reproductive tissue procedures, commonly referred
to as donor-conceived persons, have a fundamental right to obtain
medical information from such donors so that they too are able to make
life decisions going forward.  Accurate medical information of a repro-
ductive tissue donor, verified by a reproductive tissue bank, is essen-
tial to both the recipient and donor-conceived person alike. This bill
establishes the statutory procedures to do so.

 
PRIOR LEGISLATIVE HISTORY:

2023-24: S.2122A/A.2735A Reported to Finance/Referred to Health

2021-22: S.7602A/A.9655 Referred to Health

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
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.

2025-S690 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    690
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  Sens.  GALLIVAN, BORRELLO, OBERACKER, ORTT, WEIK -- read
   twice and ordered printed, and when printed to  be  committed  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
 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.
                                                            LBD02581-01-5

 S. 690                              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. 690                              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. 690                              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.

co-Sponsors

View additional co-sponsors

2025-S690A - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §4369-a, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S7602
2023-2024: S2122

2025-S690A - Summary

2025-S690A - Sponsor Memo

                                 
BILL NUMBER: S690A

SPONSOR: GALLIVAN
 
TITLE OF BILL:

An act to amend the public health law, in relation to establishing the
"donor-conceived person protection act"

 
PURPOSE:

The "donor-conceived person protection act" establishes the necessary
legal safeguards for people who utilize reproductive tissue bank
services, in part, by requiring medical history information of a donor
be made available so that prospective recipients are able to make
informed decisions. This legislation further provides an option to any
donor-conceived persons to access vital donor records.

 
SUMMARY OF PROVISIONS:

Section one establishes the title "donor-conceived protection act".

Section 2. Establishes legislative findings and intent.

Section 3. Adds a news section 4369-a of the public health law entitled
donor-conceived person protection act.

Section 4. Establishes the effective date.

 
JUSTIFICATION:

Artificial insemination and assisted reproductive technology procedures
offer people and their families an opportunity at parenthood. Unfortu-
nately, the decision-making process regarding these procedures is often
reliant on information gathered based on policies of the specific repro-
ductive tissue banks themselves, which typically includes only self-re-
ported information by a donor. Such policies lack necessary oversight
and leave people who utilize these services with insufficient informa-
tion to make an informed decision.

Moreover, children of reproductive tissue procedures, commonly referred
to as donor-conceived persons, have a fundamental right to obtain
medical information from such donors so that they too are able to make
life decisions going forward.

Accurate medical information of a reproductive tissue donor, verified by
a reproductive tissue bank, is essential to both the recipient and
donor-conceived person alike. This bill establishes the statutory proce-
dures to do so.

 
PRIOR LEGISLATIVE HISTORY:

2023-24: S.2122A/A.2735A Reported to Finance/Referred to Health

2021-22: S.7602A/A.9655 Referred to Health

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
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.

2025-S690A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  690--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  Sens. GALLIVAN, BORRELLO, FAHY, 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.

                                                            LBD02581-04-5
 S. 690--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  AN  INTENDED PARENT WHO RECEIVES REPRODUCTIVE
 TISSUE FROM A DONOR.
   (E) "DONOR-CONCEIVED PERSON" MEANS A PERSON BORN AFTER BEING 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.
   (G) "RELEVANT MEDICAL INFORMATION" MEANS  INFORMATION  PROVIDED  BY  A
 REPRODUCTIVE TISSUE BANK DONOR 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 HEREDITARY, AND ANY DRUGS OR MEDI-
 CATION  BEING  TAKEN  BY THE DONOR.  ANY MEDICAL INFORMATION RELATIVE TO
 REPRODUCTIVE HEALTH SERVICES SHALL BE EXCLUDED FROM THE  RECORDS  SHARED
 TO RECIPIENTS AND DONOR-CONCEIVED PERSONS.
   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 RELEVANT MEDICAL INFORMATION AS PROVIDED  FOR
 UNDER  PARAGRAPH  (E) OF SUBDIVISION FOUR OF THIS SECTION 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-
 CONCEIVED  PERSONS  BORN AFTER BEING CONCEIVED WITH SUCH TISSUE, IF ANY,
 WHEN SUCH PERSONS TURN EITHER: (A) EIGHTEEN YEARS OF AGE; OR (B)  EARLI-
 ER,  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 WITH RELEVANT MEDICAL  INFOR-
 MATION.   THE COMMISSIONER 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 RECORDS CONCERNING RELEVANT
 MEDICAL INFORMATION HELD BY ANY SUCH LICENSED  MEDICAL  PROFESSIONAL  OR
 S. 690--A                           3
 
 LICENSED  HEALTH CARE PRACTITIONER WHO ARE PRIMARILY RESPONSIBLE FOR THE
 MEDICAL CARE OF THE DONOR IN THE PRECEDING FIVE YEARS; AND
   (D)  PROVIDE  WRITTEN  CONSENT  AUTHORIZING  THE  RELEASE  OF RELEVANT
 MEDICAL INFORMATION AS PROVIDED FOR UNDER PARAGRAPH (E)  OF  SUBDIVISION
 FOUR  OF THIS SECTION BY THE REPRODUCTIVE TISSUE BANK, SUBJECT TO APPLI-
 CABLE FEDERAL AND STATE HEALTH INFORMATION PROTECTION LAWS, TO POTENTIAL
 RECIPIENTS AND THEIR PHYSICIANS, AS WELL AS TO  DONOR-CONCEIVED  PERSONS
 BORN AFTER BEING 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  RELEVANT  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 BORN AFTER BEING
 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 RECORDS CONCERNING
 RELEVANT MEDICAL INFORMATION AS PROVIDED  FOR  UNDER  PARAGRAPH  (E)  OF
 SUBDIVISION  FOUR  OF  THIS  SECTION  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 RELEVANT MEDICAL  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
 RELEVANT  MEDICAL INFORMATION REQUIRED TO BE PROVIDED BY THE DONOR UNDER
 THIS SECTION, UTILIZING VERIFIABLE INFORMATION CONTAINED IN THE  DONOR'S
 RECORDS  CONCERNING  RELEVANT  MEDICAL INFORMATION, AND ANY UNVERIFIABLE
 RELEVANT 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
 BORN AFTER BEING CONCEIVED WITH THE  DONOR'S  REPRODUCTIVE  TISSUE  UPON
 REQUEST.
   (E)  EXCEPT IN THE CASE OF KNOWN DONORS, REDACT ANY PERSONAL IDENTIFY-
 ING INFORMATION CONTAINED IN THE  DONOR'S  RECORDS  CONCERNING  RELEVANT
 MEDICAL INFORMATION RELEASED TO A RECIPIENT, PHYSICIAN AND/OR DONOR-CON-
 CEIVED  PERSONS BORN AFTER BEING 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 INDIRECTLY
 IDENTIFY THE DONOR. REDACTED RECORDS  SHALL  BE  MADE  AVAILABLE  AT  NO
 CHARGE  TO  THE  RECIPIENT,  APPLICABLE PHYSICIAN AND/OR DONOR-CONCEIVED
 PERSONS BORN AFTER BEING CONCEIVED WITH THE DONOR'S REPRODUCTIVE  TISSUE
 UPON REQUEST.
   (F)  DONOR-CONCEIVED PERSONS BORN AFTER BEING 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 RECORDS CONCERNING RELEVANT MEDICAL INFORMATION  AS  ALLOWED
 UNDER THIS SECTION.
   (G)  REPRODUCTIVE TISSUE BANKS SHALL KEEP THE DONOR'S RECORDS CONCERN-
 ING RELEVANT MEDICAL INFORMATION REQUIRED PURSUANT TO SUBDIVISION TWO OF
 THIS SECTION FOR AT LEAST TWENTY-FIVE YEARS AFTER THE RELEASE OF  REPRO-
 S. 690--A                           4
 
 DUCTIVE  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  AS PROVIDED FOR UNDER PARAGRAPH (E) OF SUBDIVISION
 FOUR OF THIS SECTION 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  RECORDS  CONCERNING  RELEVANT
 MEDICAL INFORMATION OR WRITTEN 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 SHIPPED OR TRANS-
 FERRED TO A RECIPIENT, THEIR MEDICAL PROFESSIONAL OR HEALTH CARE PRACTI-
 TIONER 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 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.

co-Sponsors

View additional co-sponsors

2025-S690B (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §4369-a, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S7602
2023-2024: S2122

2025-S690B (ACTIVE) - Summary

2025-S690B (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S690B

SPONSOR: GALLIVAN
 
TITLE OF BILL:

An act to amend the public health law, in relation to establishing the
"donor-conceived person protection act"

 
PURPOSE:

The "donor-conceived person protection act" establishes the necessary
legal safeguards for people who utilize reproductive tissue bank
services, in part, by requiring medical history information of a donor
be made available so that prospective recipients are able to make
informed decisions. This legislation further provides an option to any
donor-conceived persons to access vital donor records.

 
SUMMARY OF PROVISIONS:

Section one establishes the title "donor-conceived protection act".

Section 2. Establishes legislative findings and intent.

Section 3. Adds a news section 4369-a of the public health law entitled
donor-conceived person protection act.

Section 4. Establishes the effective date.

 
JUSTIFICATION:

Artificial insemination and assisted reproductive technology procedures
offer people and their families an opportunity at parenthood. Unfortu-
nately, the decision-making process regarding these procedures is often
reliant on information gathered based on policies of the specific repro-
ductive tissue banks themselves, which typically includes only self-re-
ported information by a donor. Such policies lack necessary oversight
and leave people who utilize these services with insufficient informa-
tion to make an informed decision.  Moreover, children of reproductive
tissue procedures, commonly referred to as donor-conceived persons, have
a fundamental right to obtain medical information from such donors so
that they too are able to make life decisions going forward.

Accurate medical information of a reproductive tissue donor, verified by
a reproductive tissue bank, is essential to both the recipient and
donor-conceived person alike. This bill establishes the statutory proce-
dures to do so.

 
PRIOR LEGISLATIVE HISTORY:

2023-24: S.2122A/A.2735A Reported to Finance/Referred to Health

2021-22: S.7602A/A.9655 Referred to Health

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
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.

2025-S690B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  690--B
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  Sens. GALLIVAN, BORRELLO, FAHY, 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 -- recommitted
   to the Committee on Health in accordance with Senate Rule 6, sec. 8 --
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02581-06-6

 S. 690--B                           2
 
 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:
   § 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,
 INSEMINATION/IMPLANTATION SITES 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 DIRECTED  AND  NON-IDENTI-
 FIED 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 AN INDIVIDUAL WHO RECEIVES REPRODUCTIVE TISSUE
 FROM A DONOR THROUGH ARTIFICIAL INSEMINATION  OR  ASSISTED  REPRODUCTIVE
 TECHNOLOGIES, INCLUDING A SURROGATE.
   (E) "DONOR-CONCEIVED PERSON" MEANS A PERSON BORN AFTER BEING CONCEIVED
 THROUGH  ARTIFICIAL  INSEMINATION  OR  ASSISTED  REPRODUCTIVE TECHNOLOGY
 USING A DONOR'S REPRODUCTIVE TISSUE.
   (F) "DIRECTED DONOR" MEANS A DONOR WHO  KNOWS  AND  IS  KNOWN  BY  THE
 RECIPIENT, INCLUDING A SURROGATE.
   (G)  "NON-IDENTIFIED DONOR" MEANS A DONOR WHOSE IDENTITY IS UNKNOWN TO
 THE RECIPIENT AT THE TIME OF ARTIFICIAL INSEMINATION OR ASSISTED  REPRO-
 DUCTIVE PROCEDURE.
   (H)  "RELEVANT  MEDICAL  INFORMATION"  MEANS INFORMATION PROVIDED BY A
 REPRODUCTIVE TISSUE BANK DONOR 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 HEREDITARY, AND ANY DRUGS OR MEDI-
 CATION BEING TAKEN BY THE DONOR.   ANY MEDICAL INFORMATION  RELATIVE  TO
 REPRODUCTIVE AND GENDER-AFFIRMING HEALTH SERVICES SHALL BE EXCLUDED FROM
 THE  RECORDS  PROVIDED  TO OR SHARED WITH RECIPIENTS AND DONOR-CONCEIVED
 PERSONS.
   (I) "SURROGATE" MEANS AN INDIVIDUAL WHO CARRIES A PREGNANCY FOR ANOTH-
 ER PERSON AND WHO DOES NOT INTEND TO PARENT ANY OFFSPRING RESULTING FROM
 SUCH PREGNANCY.
   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 RELEVANT MEDICAL INFORMATION AS PROVIDED FOR
 UNDER PARAGRAPH (E) OF SUBDIVISION FOUR OF THIS SECTION 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-
 CONCEIVED PERSONS BORN AFTER BEING CONCEIVED WITH SUCH TISSUE,  IF  ANY,
 WHEN  SUCH PERSONS TURN EITHER: (A) EIGHTEEN YEARS OF AGE; OR (B) EARLI-
 ER, UPON CONSENT OF THE RECIPIENT PARENT OR  GUARDIAN,  CONSISTENT  WITH
 THIS SECTION.
 S. 690--B                           3
 
   3. A REPRODUCTIVE TISSUE BANK DONOR SHALL:
   (A)  PROVIDE THE REPRODUCTIVE TISSUE BANK WITH RELEVANT MEDICAL INFOR-
 MATION.  THE COMMISSIONER 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 DIRECTED OR NON-IDEN-
 TIFIED  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 RECORDS, EXCEPT FOR RECORDS
 RELATED TO REPRODUCTIVE AND GENDER-AFFIRMING HEALTH SERVICES, CONCERNING
 RELEVANT MEDICAL INFORMATION HELD BY ANY SUCH LICENSED  MEDICAL  PROFES-
 SIONAL  OR LICENSED HEALTH CARE PRACTITIONER WHO ARE PRIMARILY RESPONSI-
 BLE FOR THE MEDICAL CARE OF THE DIRECTED OR NON-IDENTIFIED DONOR IN  THE
 PRECEDING FIVE YEARS; AND
   (D)  PROVIDE WRITTEN CONSENT AUTHORIZING THE RELEASE OF REDACTED RELE-
 VANT MEDICAL INFORMATION, EXCEPT FOR RECORDS RELATED TO REPRODUCTIVE AND
 GENDER-AFFIRMING HEALTH SERVICES, AS PROVIDED FOR UNDER PARAGRAPH (E) OF
 SUBDIVISION FOUR OF  THIS  SECTION  BY  THE  REPRODUCTIVE  TISSUE  BANK,
 SUBJECT  TO  APPLICABLE  FEDERAL AND STATE HEALTH INFORMATION PROTECTION
 LAWS, TO POTENTIAL RECIPIENTS  AND  THEIR  PHYSICIANS,  AS  WELL  AS  TO
 DONOR-CONCEIVED  PERSONS  BORN  AFTER  BEING  CONCEIVED WITH THE DONOR'S
 REPRODUCTIVE TISSUE.
   4.  A REPRODUCTIVE TISSUE BANK  PROCURING  DONOR  REPRODUCTIVE  TISSUE
 SHALL:
   (A)  PROVIDE  A  STATEMENT,  SIGNED  BY THE DIRECTED OR NON-IDENTIFIED
 DONOR,  INFORMING  THEM  OF  THEIR  OBLIGATIONS  CONTAINED  WITHIN   THE
 PROVISIONS OF SUBDIVISION THREE OF THIS SECTION.
   (B)  VERIFY  RELEVANT  MEDICAL INFORMATION PROVIDED BY THE DIRECTED OR
 NON-IDENTIFIED DONOR AS REQUIRED PURSUANT TO  SUBDIVISION  TWO  OF  THIS
 SECTION AGAINST SUCH DONOR'S MEDICAL RECORDS, IF ANY.
   (C)  DISCLOSE  TO  RECIPIENTS  BEFORE  PROVIDING THEM WITH DIRECTED OR
 NON-IDENTIFIED DONOR REPRODUCTIVE TISSUE, AND IF APPLICABLE,  DONOR-CON-
 CEIVED  PERSONS BORN AFTER BEING 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 RECORDS CONCERNING REDACTED RELEVANT MEDICAL INFORMATION AS PROVIDED
 FOR UNDER PARAGRAPH (E) OF SUBDIVISION FOUR  OF  THIS  SECTION  OF  SUCH
 DIRECTED OR NON-IDENTIFIED DONOR OBTAINED PURSUANT TO SUBDIVISION TWO OF
 THIS  SECTION,  AS WELL AS ANY OTHER INFORMATION REQUIRED TO BE PROVIDED
 BY SUCH DONOR, EXCEPT THAT IF THE REPRODUCTIVE TISSUE BANK IS UNABLE  TO
 OBTAIN  SUCH  RELEVANT  MEDICAL  INFORMATION  FROM  SUCH 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
 RELEVANT MEDICAL INFORMATION REQUIRED TO BE PROVIDED BY THE DIRECTED  OR
 NON-IDENTIFIED  DONOR  UNDER THIS SECTION, UTILIZING VERIFIABLE INFORMA-
 TION CONTAINED IN  SUCH  DONOR'S  RECORDS  CONCERNING  RELEVANT  MEDICAL
 INFORMATION,  AND ANY UNVERIFIABLE RELEVANT MEDICAL INFORMATION PROVIDED
 BY THE DIRECTED OR NON-IDENTIFIED DONOR TO THE REPRODUCTIVE TISSUE BANK.
 SUCH FORM WITH REDACTED  RELEVANT  MEDICAL  INFORMATION  SHALL  BE  MADE
 AVAILABLE  AT  NO  CHARGE  TO BOTH THE RECIPIENT AND THEIR PHYSICIAN, AS
 S. 690--B                           4
 
 WELL AS ANY DONOR-CONCEIVED PERSONS BORN AFTER BEING CONCEIVED WITH  THE
 DONOR'S REPRODUCTIVE TISSUE UPON REQUEST.
   (E) EXCEPT IN THE CASE OF DIRECTED DONORS, REDACT ANY PERSONAL IDENTI-
 FYING  INFORMATION  CONTAINED IN THE DONOR'S RECORDS CONCERNING RELEVANT
 MEDICAL INFORMATION RELEASED TO A RECIPIENT, PHYSICIAN AND/OR DONOR-CON-
 CEIVED PERSONS BORN AFTER BEING 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  INDIRECTLY
 IDENTIFY  THE  DONOR.  REDACTED  RECORDS  SHALL  BE MADE AVAILABLE AT NO
 CHARGE TO THE RECIPIENT,  APPLICABLE  PHYSICIAN  AND/OR  DONOR-CONCEIVED
 PERSONS  BORN AFTER BEING CONCEIVED WITH THE DONOR'S REPRODUCTIVE TISSUE
 UPON REQUEST.
   (F) DONOR-CONCEIVED PERSONS BORN AFTER BEING 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  DIRECTED  AND  NON-IDENTIFIED  DONOR'S  RECORDS CONCERNING RELEVANT
 MEDICAL INFORMATION AS ALLOWED UNDER THIS SECTION.
   (G) REPRODUCTIVE TISSUE BANKS SHALL KEEP THE DIRECTED AND  NON-IDENTI-
 FIED  DONOR'S  RECORDS  CONCERNING RELEVANT MEDICAL INFORMATION REQUIRED
 PURSUANT TO SUBDIVISION TWO OF THIS SECTION  FOR  AT  LEAST  TWENTY-FIVE
 YEARS  AFTER THE RELEASE OF REPRODUCTIVE TISSUE FOR ARTIFICIAL INSEMINA-
 TIONS 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  AS PROVIDED FOR UNDER PARAGRAPH (E) OF SUBDIVISION
 FOUR OF THIS SECTION 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  RECORDS  CONCERNING  RELEVANT
 MEDICAL INFORMATION OR WRITTEN 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 SHIPPED OR TRANS-
 FERRED TO A RECIPIENT, THEIR MEDICAL PROFESSIONAL OR HEALTH CARE PRACTI-
 TIONER 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 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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Find your Senator and share your views on important issues.

Do you support this bill?

Senate Bill S690B

Sponsored By

Current Bill Status - In Senate Committee Health Committee

Actions

Votes

May 28, 2025 - Health Committee Vote

Health Committee Vote: May 28, 2025

Bill Amendments

co-Sponsors

2025-S690 - Details

2025-S690 - Summary

2025-S690 - Sponsor Memo

2025-S690 - Bill Text download pdf

co-Sponsors

2025-S690A - Details

2025-S690A - Summary

2025-S690A - Sponsor Memo

2025-S690A - Bill Text download pdf

co-Sponsors

2025-S690B (ACTIVE) - Details

2025-S690B (ACTIVE) - Summary

2025-S690B (ACTIVE) - Sponsor Memo

2025-S690B (ACTIVE) - Bill Text download pdf

Comments

Do you support this bill?

Get Status Alerts for 2025-S690B

Senate Bill S690B

Share this bill

Sponsored By

Current Bill Status - In Senate Committee Health Committee

Actions

Votes

Bill Amendments

co-Sponsors

2025-S690 - Details

2025-S690 - Summary

2025-S690 - Sponsor Memo

2025-S690 - Bill Text download pdf

co-Sponsors

2025-S690A - Details

2025-S690A - Summary

2025-S690A - Sponsor Memo

2025-S690A - Bill Text download pdf

co-Sponsors

2025-S690B (ACTIVE) - Details

2025-S690B (ACTIVE) - Summary

2025-S690B (ACTIVE) - Sponsor Memo

2025-S690B (ACTIVE) - Bill Text download pdf

Comments