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AB-785 Gamete banks: donor information.(2019-2020)

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Date Published: 03/27/2019 09:00 PM
AB785:v97#DOCUMENT

Amended  IN  Assembly  March 27, 2019
Amended  IN  Assembly  March 21, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 785


Introduced by Assembly Member Bloom

February 19, 2019


An act to amend Sections 1635, 1644, 1644.1, 1644.2, and 1644.3 of the Health and Safety Code, relating to tissue banks.


LEGISLATIVE COUNSEL'S DIGEST


AB 785, as amended, Bloom. Gamete banks: donor information.
Existing law requires the State Department of Public Health to license and regulate gamete banks, defined as tissue banks that collect, process, store, or distribute gametes, including facilities that provide professional reproductive services. Existing law requires a gamete bank licensed in this state, for gametes collected on or after January 1, 2020, to collect certain identifying information and medical information from a gamete donor, including the donor’s full name, date of birth, and address. Existing law also requires a gamete bank to obtain a declaration from the gamete donor stating whether the donor agrees to disclose the donor’s identity to a child that results from the donation, upon the child turning 18 years of age and requesting the information.
This bill would require a gamete bank to collect and maintain, in addition to the identifying information and medical information described above, any other contact information provided by the donor at the time of the donation and records of gamete screening and testing. The bill would also require a gamete bank that receives gametes collected by another gamete bank to collect and retain contact information for the gamete bank from which the gametes were received, and to disclose that information to a child that results from the donation, upon the child turning 18 years of age and requesting the information. The bill would exempt from these requirements gametes collected from a donor whose identity is known to the recipient of the gametes at the time of the donation.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 1635 of the Health and Safety Code is amended to read:

1635.
 (a) “Department” means the State Department of Public Health.
(b) “Donor” means an individual, living or deceased, from whom tissue is removed.
(c) “Gamete bank” means a tissue bank that collects, processes, stores, or distributes sperm, oocytes, or embryos, including a facility that provides professional reproductive services, other than those facilities exempt from tissue bank licensure.
(d) “Person” means an individual, corporation, business trust, estate trust, partnership, association, state or local government, or subdivision or agency thereof, or any other legal entity.
(e) (1) “Tissue” means a human cell, group of cells, including the cornea, sclera, or vitreous humor and other segments of, or the whole eye, bones, skin, arteries, sperm, oocytes, embryos, blood, other fluids, and any other portion of a human body, but shall not include an organ when recovered for transplantation or research purposes.
(2) For purposes of paragraph (1), “organ” means a human kidney, liver, heart, lung, pancreas, intestine (including the esophagus, stomach, small or large intestine, or any portion of the gastrointestinal tract), or vascularized composite allograft, and associated blood vessels recovered from an organ donor during the recovery of the organ.
(f) “Tissue bank” means a place, establishment, or institution that collects, processes, stores, or distributes tissue for transplantation into human beings.
(g) “Transplantation” means the act or process of transferring tissue, including by ingestion, from a donor to the body of the donor or another human being.

SEC. 2.

 Section 1644 of the Health and Safety Code is amended to read:

1644.
 (a) For purposes of this chapter, “donor,” “person,” “tissue,” “transplantation,” and “department” shall have the meaning as defined for those terms in Section 1635.
(b) For purposes of this chapter, “HIV” shall mean human immunodeficiency virus.
(c) “Identifying information” means the full name of the donor, the donor’s date of birth, and the permanent address or other contact information, or both, given at the time of donation, or, if different, the current address or other contact information, or both, of the donor retained by the gamete bank.
(d) “Medical information” means information regarding a present illness of the donor, past illness of the donor, and social, genetic, and family history of the donor.

SEC. 3.

 Section 1644.1 of the Health and Safety Code is amended to read:

1644.1.
 (a)  A gamete bank licensed in this state shall collect and retain from a gamete donor the donor’s identifying information and medical information at the time of the donation. A gamete bank licensed in this state that receives gametes from a donor collected by another gamete bank shall collect and retain the name, address, telephone number, and email address of the gamete bank from which the gametes were received.
(b) A gamete bank licensed in this state shall disclose the information collected under subdivision (a) as provided in Section 1644.3.
(c) This section does not apply to gametes collected from a donor whose identity is known to the recipient of the gametes at the time of the donation.
(d) This section shall apply only to gametes collected on or after January 1, 2020.

SEC. 4.

 Section 1644.2 of the Health and Safety Code is amended to read:

1644.2.
 (a) A gamete bank licensed in this state that collects gametes from a donor shall do all of the following:
(1) Provide the donor with information in a record about the donor’s choice regarding identity disclosure.
(2) Obtain a declaration from the donor regarding identity disclosure.
(3) Maintain identifying information and medical information about each gamete donor. The gamete bank shall maintain records of gamete screening and testing and comply with reporting requirements, in accordance with federal law and applicable law of this state other than this chapter.
(b) A gamete bank licensed in this state shall give a donor the choice to sign a declaration, attested by a notary or witnessed, that does either of the following:
(1) States that the donor agrees to disclose the donor’s identity to a child conceived by assisted reproduction with the donor’s gametes, on request, once the child attains 18 years of age.
(2) States that the donor does not agree presently to disclose the donor’s identity to the child.
(c) A gamete bank licensed in this state shall permit a donor who has signed a declaration that the donor does not agree to disclose the donor’s identity under paragraph (2) of subdivision (b) to withdraw the declaration at any time by signing a declaration that the donor agrees to disclose the donor’s identity under paragraph (1) of subdivision (b).
(d) A gamete bank licensed in this state is not required to collect gametes from a donor who does not agree to disclose the donor’s identity under paragraph (2) of subdivision (b).
(e) This section does not apply to gametes collected from a donor whose identity is known to the recipient of the gametes at the time of the donation.
(f) This section shall apply only to gametes collected on or after January 1, 2020.

SEC. 5.

 Section 1644.3 of the Health and Safety Code is amended to read:

1644.3.
 (a) On request of a child conceived by assisted reproduction using donor gametes who attains 18 years of age, a gamete bank licensed in this state that collected the gametes used in the assisted reproduction shall provide the child with identifying information of the donor who provided the gametes, unless the donor signed and did not withdraw a declaration under paragraph (2) of subdivision (b) of Section 1644.2. If the donor signed and did not withdraw the declaration, the gamete bank shall make a good faith effort to notify the donor, who may elect under subdivision (c) of Section 1644.2 to withdraw the declaration and agree to release the donor’s information.
(b) On request of a child conceived by assisted reproduction using donor gametes who attains 18 years of age, a gamete bank licensed in this state that received the gametes used in the assisted reproduction from another gamete bank shall disclose the name, address, telephone number, and email address of the gamete bank from which the gametes were received.
(c) Regardless whether a donor signed a declaration under paragraph (2) of subdivision (b) of Section 1644.2, on request from a child conceived by assisted reproduction using donor gametes who attains 18 years of age, or, if the child is a minor, by a parent or guardian of the child, a gamete bank licensed in this state that collected the gametes used in the assisted reproduction shall provide the child or, if the child is a minor, the parent or guardian of the child, access to nonidentifying medical information provided by the donor.
(d) This section does not apply to gametes collected from a donor whose identity is known to the recipient of the gametes at the time of the donation.
(e) This section shall apply only to gametes collected on or after January 1, 2020.