BILL ANALYSIS AB 1487 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 1487 (Hill) As Amended August 10, 2010 2/3 vote. Urgency ----------------------------------------------------------------- |ASSEMBLY: | |(May 18, 2009) |SENATE: |31-0 |(August 12, | | | | | | |2010) | ----------------------------------------------------------------- (vote not relevant) ------------------------------------------------------------------------ |COMMITTEE VOTE: |18-0 |(August 24, 2010) |RECOMMENDATION: |concur | | | | | | | ------------------------------------------------------------------------ Original Committee Reference: PUB. S. SUMMARY : Extends, to January 1, 2014, the date by which the Department of Public Health (DPH) is required to adopt regulations prescribing sperm processing facilities' handling and storage of sperm from donors who are carriers of human immunodeficiency virus (HIV) and human T lymphotrophic virus (HTLV), and requires a physician providing insemination and advanced reproductive technologies (ART) to make specified disclosures to a recipient of sperm from a HIV or HTLV reactive spouse, partner, or designated donor. The Senate amendments delete the Assembly version of this bill, and instead: 1)Require the testing of transplant donor tissue for infection with HTLV only in tissues that are rich in viable leukocytes. 2)Require a physician providing ART to notify the recipient of sperm from a HIV or HTLV reactive spouse, partner, or designated donor of all of the following: a) Sperm processing may not eliminate all of the risks of HIV or HTLV transmission; b) The sperm may be tested to determine whether or not it is reactive for HIV or HTLV; AB 1487 Page 2 c) The recipient must document prior to treatment that she has a physician to provide ongoing care during and after her fertility services; and, d) Information about recommendations published by the American Society of Reproductive Medicine (ASRM) regarding follow-up testing for HIV and HTLV, and a requirement that the recommendations regarding follow-up testing will be documented in the recipient's medical record. 3)Clarify that a physician providing ART is not responsible for prophylactic testing, monitoring, and follow-up of the recipient. Require the physician to recommend follow-up testing for HIV or HTLV, according to ASRM's published guidelines, to the physician who will be providing the recipient's ongoing care, as specified. 4)Require, in the event the recipient becomes HIV or HTLV positive, the physician assuming ongoing care of the recipient to treat or provide information regarding referral to a physician who can provide ongoing treatment for HIV or HTLV. 5)Extend the date by which DPH is required to adopt regulations prescribing sperm processing facilities' handling and storage of sperm from donors who are carriers of HIV, HTLV, or any other virus DPH deems appropriate from January 1, 2010, to January 1, 2014. 6)Permit DPH to propose to adopt, as initial regulations, specified recommendations published by the ASRM using a specified process. 7)Exempt adoption of regulations for sperm processing facilities from requirements for written responses to public comments and the Administrative Procedure Act. 8)Make other minor technical clarifying changes and add an urgency clause to make the provisions of this bill take effect immediately upon enactment. AS PASSED BY THE ASSEMBLY , this bill increased from $3 to $6 the fee charged for each inmate-initiated medical visit by an inmate confined in a county or city jail. FISCAL EFFECT : According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs. AB 1487 Page 3 COMMENTS : According to the author, HIV is now considered a chronic disease, and many HIV-infected adults have near normal life expectancy with typical life goals such as starting a family. The author states that due to advances in reproductive technologies, sperm washing can separate healthy sperm from the other components in semen that may contain HIV, removing 99.9% of HIV particles, so HIV- and HTLV-infected sperm can be used in ART with virtually no risk of transmission to mother and baby. Over 4,500 assisted reproduction procedures are documented in the literature with no reports of HIV transmission when using standardized sperm washing methods with either intrauterine insemination or in-vitro fertilization. SB 443 (Migden), Chapter 207, Statutes of 2007, was intended to ensure access to reproductive treatment for HIV-discordant couples (HIV-positive male and HIV-negative female). However, the author states SB 443 was unclear about which medical professionals were responsible for the care of the infected sperm donor and for follow-up of the recipient, and included some medical terminology that was inaccurate or insufficiently inclusive. Also, sperm infected with different types of HTLV, not just HTLV-I, can be safely used once processed, so this bill uses the broader language. The author argues this bill is needed to fix those problems. The processing of sperm from a donor testing reactive for HIV or HTLV is commonly referred to as sperm washing. Numerous studies have confirmed that HIV is primarily found in white blood cells and plasma in semen, not generally within the sperm itself. The sperm washing process involves centrifuging the semen in order to separate it from the sperm. This process can also involve a "swim-up" technique that removes inactive sperm. The remaining active sperm can then be used for insemination or ART. Numerous studies report that the sperm-washing process reduces HIV levels in sperm, and the technology and procedures continue to improve. Analysis Prepared by : Cassie Rafanan / HEALTH / (916) 319-2097 FN: 0006742