BILL NUMBER: S5032

SPONSOR: HOYLMAN
 
TITLE OF BILL:  An act to amend the public health law, in relation to
embryo and pre-embryo banks and storage facilities

 
PURPOSE OR GENERAL IDEA OF BILL:

Human embryos and pre-embryos are added to the definition of tissues
covered by the tissue bank and storage facility licensing law and the
quality standards such facilities must follow are specified.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends subdivision 10 of Section 4360 of the public health law
to add embryo and pre-embryo to the definition of tissues covered by the
tissue bank and storage facility licensing law.

Section 2 creates a new subdivision 6 is added to Section 4364 of the
public health law to lists the specific quality standards that tissue
bank and storage facilities must follow for human embryos and pre-embr-
              

yos.

Section 3 provides that Section 1 of the law shall take effect imme-
diately upon enactment into law.

Section 4 provides that Section 2 of the law shall take effect the first
of January next succeeding the date on which it shall have become a law

 
JUSTIFICATION:

In vitro fertilization, commonly known as IVF, is an accepted and widely
used method of assisted reproductive technology (ART). ART has helped an
estimated six million couples in the United States who have trouble
getting pregnant or maintaining a pregnancy start families.  IVF
provides a pathway to motherhood for women who have experienced life-
threatening diseases, such as cancer, and the reproductive damage that
is often a consequence of the treatments associated with these
illnesses. It also provides the same pathway for couples, regardless of
sex or sexual orientation, and is often a critical service to transgen-
der individuals. It is anticipated that, by the end of the century, more
than a million American patients who suffer from some form of fertility
issue will undergo IVF procedures.

The public interest in adequately protecting the human embryo and pre-
embryo tissue bank and storage facility industry is of the highest
importance. Many populations depend on these facilities to protect their
ability to have children. The safe, effective regulation of embryo and
pre-embryo tissue banks and storage facilities is critical to meeting
this need.

Under current law, embryos and pre-embryos are not defined in the list
of types of tissues that may be included in tissue bank and storage
facilities. The New York State Department of Health includes embryos in
their list of tissues that they regulate. Adding embryos and pre-embryos
to the law confirms that regulatory decision in statute.

In addition, the quality standards that embryo and pre-embryo tissue
banks and storage facilities must adhere to in order to safely maintain
embryos and pre-embryos is clearly delineated. These standards are
accepted best practices for protection of embryos and pre-embryos, as
well as for protection of the public interest in these important facili-
ties.

 
PRIOR LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS

None to the state.

 
EFFECTIVE DATE:
Section 3 of the bill shall take effect immediately upon being enacted
into law.
Section 4 of the bill shall take effect the first of January next
succeeding the date on which it shall have become a law.