S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9655
 
                           I N  A S S E M B L Y
 
                              March 28, 2022
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred 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. This act shall be known and may be cited as the "donor-con-
 ceived 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
 genetic or mental health disorders.
   The legislature finds that reproductive tissue banks, including  semen
 banks,  oocyte donation programs and embryo 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-con-
 ceived persons, if any, prior to a procedure and in the future.
   The legislature further finds that the protections currently  afforded
 to  reproductive  tissue bank donors' medical records be waived and that
 donors' identify all recent medical professionals on such donor self-re-
 ported histories and during the donor screening processes, in  order  to
 effectuate the provisions of this act.
   §  3.  Section 4360 of the public health law is amended by adding five
 new subdivisions 1-a, 11, 12, 13 and 14 to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13971-05-2
 A. 9655                             2
 
   1-A. "REPRODUCTIVE TISSUE BANK"  MEANS  A  FACILITY,  WHICH  ACQUIRES,
 PROCESSES, STORES, DISTRIBUTES AND/OR RELEASES REPRODUCTIVE TISSUE TO AN
 INSEMINATION/IMPLANTATION  SITE OR RECIPIENT FOR USE IN ARTIFICIAL INSE-
 MINATION OR ASSISTED REPRODUCTIVE  TECHNOLOGY  PROCEDURES.  REPRODUCTIVE
 TISSUE  BANKS  INCLUDE,  BUT  ARE  NOT  LIMITED  TO, SEMEN BANKS, OOCYTE
 DONATION PROGRAMS AND EMBRYO BANKS.
   11. "DONOR" MEANS A PERSON WHO PROVIDES REPRODUCTIVE TISSUE FOR USE IN
 ARTIFICIAL INSEMINATION OR ASSISTED REPRODUCTIVE PROCEDURES PERFORMED ON
 RECIPIENTS OTHER THAN THAT PERSON OR THAT PERSON'S REGULAR SEXUAL  PART-
 NER, AND INCLUDES DIRECT AND KNOWN DONORS.
   12. "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.
   13. "RECIPIENT" MEANS A PERSON WHO RECEIVES REPRODUCTIVE TISSUE FROM A
 DONOR.
   14.  "DONOR-CONCEIVED  PERSON"  MEANS  A  PERSON  PURPOSELY  CONCEIVED
 THROUGH AN ASSISTED  REPRODUCTIVE  TECHNOLOGY  PROCEDURE  OR  ARTIFICIAL
 INSEMINATION VIA THE DONATION OF DONOR REPRODUCTIVE TISSUE.
   §  4. The public health law is amended by adding a new section 4370 to
 read as follows:
   § 4370. DONOR-CONCEIVED PERSON PROTECTION ACT. 1. NOTWITHSTANDING  ANY
 OTHER  PROVISION  OF  LAW TO THE CONTRARY, THE COMMISSIONER SHALL ENSURE
 THAT REPRODUCTIVE TISSUE BANKS, LICENSED BY THE DEPARTMENT, BEFORE SELL-
 ING OR OTHERWISE PROVIDING A RECIPIENT WITH DONOR  REPRODUCTIVE  TISSUE,
 COLLECT AND VERIFY MEDICAL INFORMATION FROM ANY DONOR IT PROCURES REPRO-
 DUCTIVE  TISSUE  FROM AND TO DISSEMINATE SUCH INFORMATION TO A RECIPIENT
 BEFORE A RECIPIENT PURCHASES OR OTHERWISE RECEIVES SUCH TISSUE,  AND  TO
 DONOR-CONCEIVED  PERSONS  CONCEIVED  WITH SUCH TISSUE, IF ANY, WHEN SUCH
 PERSONS TURN EIGHTEEN YEARS OF AGE OR EARLIER UPON CONSENT OF THE RECIP-
 IENT PARENT OR GUARDIAN, CONSISTENT WITH THIS SECTION.
   2. A REPRODUCTIVE TISSUE BANK DONOR SHALL:
   (A) PROVIDE THE REPRODUCTIVE TISSUE BANK INFORMATION ON ALL  DIAGNOSED
 MEDICAL CONDITIONS, INCLUDING BUT NOT LIMITED TO, ANY GENETIC DISORDERS,
 INFECTIOUS DISEASES, MENTAL DISABILITIES AND/OR SERIOUS MENTAL ILLNESSES
 AS SUCH ARE DEFINED WITHIN SECTION 1.03 OF THE MENTAL HYGIENE LAW;
   (B)  PROVIDE  THE  REPRODUCTIVE TISSUE BANK INFORMATION ON ALL SERIOUS
 FAMILIAL MEDICAL CONDITIONS, TO THE EXTENT SUCH DONOR HAS  KNOWLEDGE  OF
 OR  SHOULD HAVE KNOWLEDGE OF SUCH CONDITIONS, WITHIN THE THIRD DEGREE OF
 CONSANGUINITY, INCLUDING BUT NOT  LIMITED  TO,  ANY  GENETIC  DISORDERS,
 INFECTIOUS DISEASES, MENTAL DISABILITIES AND/OR SERIOUS MENTAL ILLNESSES
 AS SUCH ARE DEFINED WITHIN SECTION 1.03 OF THE MENTAL HYGIENE LAW;
   (C) PROVIDE THE NAMES OF ANY MEDICAL PROFESSIONALS SEEN BY SUCH DONOR,
 WITHIN  THE PRECEDING FIVE YEARS FROM THE DATE OF DONATION TO THE REPRO-
 DUCTIVE TISSUE BANK;
   (D) PROVIDE THE REPRODUCTIVE TISSUE BANK WRITTEN  CONSENT  AUTHORIZING
 THE  REPRODUCTIVE TISSUE BANK TO OBTAIN ALL MEDICAL RECORDS HELD BY SUCH
 MEDICAL PROFESSIONALS SEEN BY THE DONOR IN THE PRECEDING FIVE YEARS; AND
   (E) 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
 REGULATIONS, TO POTENTIAL RECIPIENTS AND THEIR PHYSICIANS, AS WELL AS TO
 DONOR-CONCEIVED PERSONS CONCEIVED WITH THE DONOR'S REPRODUCTIVE  TISSUE,
 IF  ANY,  WHEN  SUCH  PERSONS TURN EIGHTEEN YEARS OF AGE OR EARLIER UPON
 CONSENT OF THE RECIPIENT PARENT OR GUARDIAN.
 A. 9655                             3
 
   3.  A REPRODUCTIVE TISSUE BANK  PROCURING  DONOR  REPRODUCTIVE  TISSUE
 SHALL:
   (A)  PROVIDE A STATEMENT, SIGNED BY THE DONOR, INFORMING HIM OR HER OF
 THEIR OBLIGATIONS CONTAINED WITHIN THE PROVISIONS OF SUBDIVISION TWO  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 SELLING OR OTHERWISE PROVIDING THEM
 WITH DONOR  REPRODUCTIVE  TISSUE,  AND  IF  APPLICABLE,  DONOR-CONCEIVED
 PERSONS  CONCEIVED  WITH  THE  DONOR'S REPRODUCTIVE TISSUE UPON REQUEST,
 WHEN SUCH PERSONS TURN EIGHTEEN YEARS OF AGE OR EARLIER UPON CONSENT  OF
 THE  RECIPIENT PARENT OR GUARDIAN, ALL MEDICAL RECORDS OF SUCH DONOR, AS
 WELL AS ANY OTHER INFORMATION REQUIRED TO  BE  PROVIDED  BY  THE  DONOR,
 INCLUDING  THE  TIMEFRAMES  AND  TYPE OF MEDICAL PROFESSIONALS CONTAINED
 WITHIN THE DONOR'S MEDICAL RECORDS,  EXCEPT  THAT  IF  THE  REPRODUCTIVE
 TISSUE  BANK  IS  UNABLE  TO  OBTAIN  SUCH  INFORMATION FROM THE DONOR'S
 MEDICAL RECORDS, IT SHALL NOTE THE  TYPE  OF  MEDICAL  PROFESSIONAL  AND
 STATE THE REASON WHY SUCH RECORDS WERE UNABLE TO BE OBTAINED;
   (D) PRODUCE A STANDARD FORM, PRESCRIBED BY THE COMMISSIONER, IDENTIFY-
 ING 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 REPRODUCTIVE TISSUE UPON REQUEST, IF ANY, WHEN SUCH PERSONS
 TURN EIGHTEEN YEARS OF AGE OR EARLIER  UPON  CONSENT  OF  THE  RECIPIENT
 PARENT OR GUARDIAN;
   (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,  THEIR  PHYSICIAN  AND 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 DIRECT-
 LY  OR  INDIRECTLY  IDENTIFY  THE  DONOR. REDACTED RECORDS SHALL BE MADE
 AVAILABLE AT NO CHARGE TO THE RECIPIENT, THEIR PHYSICIAN AS WELL AS  ANY
 DONOR-CONCEIVED  PERSON  CONCEIVED  WITH THE DONOR'S REPRODUCTIVE TISSUE
 UPON REQUEST, IF ANY, WHEN SUCH PERSONS TURN EIGHTEEN YEARS  OF  AGE  OR
 EARLIER UPON CONSENT OF THE RECIPIENT PARENT OR GUARDIAN;
   (F)  NO  DONOR  REPRODUCTIVE  TISSUE PROCURED BY A REPRODUCTIVE TISSUE
 BANK LOCATED OUTSIDE THE STATE OF NEW YORK SHALL BE USED IN ANY  ARTIFI-
 CIAL  INSEMINATION  OR ANY OTHER ASSISTED REPRODUCTIVE TECHNOLOGY PROCE-
 DURE SET TO TAKE PLACE WITHIN THE STATE UNLESS AND UNTIL  THE  REPRODUC-
 TIVE TISSUE BANK PROVIDES THE RECIPIENT AND/OR THE RECIPIENT'S PHYSICIAN
 SIGNED  CERTIFICATION  FROM  THE  MEDICAL  DIRECTOR OF SUCH REPRODUCTIVE
 TISSUE BANK THAT IT HAS COMPLIED WITH THE MEDICAL VERIFICATION  REQUIRE-
 MENTS OF THIS SECTION; AND
   (G)  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 PHYSICIAN 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.
 A. 9655                             4
 
   §  5.  This  act shall take effect on the ninetieth day after it shall
 have become a law.    Effective  immediately,  the  addition,  amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of  this  act  on  its  effective  date  are  authorized  to be made and
 completed on or before such effective date.