BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                 AB 2356
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         ASSEMBLY THIRD READING
         AB 2356 (Skinner)
         As Amended May 8, 2012
         Majority vote 

          HEALTH              13-5                                             

          
          -------------------------------- 
         |Ayes:|Monning, Ammiano, Atkins, |
         |     |Bonilla, Eng, Gordon,     |
         |     |Hayashi,                  |
         |     |Roger Hernández, Bonnie   |
         |     |Lowenthal, Mitchell, Pan, |
         |     |V. Manuel Pérez, Williams |
         |     |                          |
         |-----+--------------------------|
         |Nays:|Logue, Garrick, Mansoor,  |
         |     |Nestande, Smyth           |
         |     |                          |
          -------------------------------- 
          SUMMARY  :  Provides that a recipient of sperm donated by a sexually 
         intimate partner (SIP) of the recipient for reproductive use may 
         waive a second or repeat testing of that donor for evidence of 
         infection with human immunodeficiency virus (HIV), agents of viral 
         hepatitis (HBV and HCV), syphilis, and human T lymphotrophic virus 
         (HTLV), as specified, if the recipient is informed of the donor 
         testing requirements, and signs a written waiver, as specified.  
         Exempts physicians and surgeons from:  liability for damages for any 
         cause of action; and, disciplinary action against his or her 
         professional license, or subject to a professional association peer 
         review, as defined, for providing insemination or advanced 
         reproductive technology services using sperm from a SIP of the 
         recipient, as specified.  Specifically,  this bill  :  

         1)Provides that a recipient of sperm donated by a SIP of the 
           recipient for reproductive use may waive a second or repeat 
           testing of that donor for evidence of infection with HIV, HBV and 
           HCV, syphilis, and HTLV, as specified.

         2)Defines SIP of the recipient to include a known or designated 
           donor to whose sperm the recipient has previously been exposed in 
           a nonmedical setting in an attempt to conceive.

         3)Exempts a physician and surgeon from liability for damages for any 







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           cause of action for providing insemination or advanced 
           reproductive technology services using sperm from a SIP of the 
           recipient when the physician and surgeon has obtained the informed 
           consent of the recipient, who acknowledges and accepts the risks 
           of using sperm that has not undergone quarantine and repeat 
           testing, as specified.
          
          4)Exempts a physician and surgeon from any disciplinary action 
           against his or her professional license, or subject to 
           professional association peer review by a peer review body, as 
           defined, for providing insemination or advance reproductive 
           technology services using sperm from a SIP of the recipient when 
           the physician and surgeon has obtained the informed consent of the 
           recipient who acknowledges and accepts the risks of using sperm 
           that has not undergone quarantine and repeat testing, as 
           specified.

         5)Exempts a clinical laboratory that is owned and operated by a 
           physician and surgeon or tissue bank that is owned and operated by 
           a physician and surgeon from any disciplinary action against its 
           license for providing insemination or advanced reproductive 
           technology services using sperm from a SIP of the recipient when 
           the physician and surgeon has obtained the informed consent of the 
           recipient, who acknowledges and accepts the risks of using sperm 
           that has not undergone quarantine and repeat testing, as 
           specified.

         6)Exempts a physician and surgeon from liability for a cause of 
           action based upon discrimination against an individual or group if 
           the physician and surgeon refuses to provide insemination or 
           advanced reproductive technology services using sperm from a SIP 
           of the recipient if the physician and surgeon determines that the 
           insemination or services do not meet the 2008 American Society for 
           Reproductive Medicine guidelines for gamete and embryo donation.  


          7)Specifies numerous findings and declarations, including the 
           following:

            a)   Single women and same-sex female couples using a known donor 
              are unable to access the same fertility services as women 
              seeking to conceive using a male partner; and, 

            b)   Federal Food and Drug Administration (FDA) regulations 
              require extensive testing, except when the donor is a SIP.  







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              This term is not defined in regulations, but its explicit 
              purpose is to allow donation without testing when the recipient 
              has already been exposed.  Thus, this term can be interpreted 
              to include women who have already attempted at-home 
              inseminations with their donors' sperm because they have 
              already been exposed through these attempts.  

         8)States that until the term SIP is explicitly defined by the FDA, 
           it is the intent of the Legislature to provide a clarification 
           that, for the purposes of tissues donated for reproductive use, 
           SIP includes any woman who has been exposed to the donor's sperm 
           outside of a medical setting.

         9)Limits the definition of SIP to this bill and is not intended to 
           have any effect on any provision of the Family Code, including the 
           definition of a "donor" for purposes of determining legal 
           parentage of a child.

         10)Makes other technical, non-substantive, and conforming changes.

          FISCAL EFFECT  :  None

          COMMENTS  :  Equality California and the National Center for Lesbian 
         Rights are the sponsors of this measure.  According to the sponsors, 
         this bill would provide same-sex female couples or single women 
         seeking to conceive using a known sperm donor access to certain 
         fertility services on the same terms as different-sex couples.  
         According to the author, a woman who receives fertility services 
         with a male partner is able to use fresh sperm for insemination, 
         greatly increasing the likelihood of the woman conceiving.  However, 
         a woman who receives fertility services with a known male donor can 
         only receive frozen sperm, reducing her chances of conceiving.  
         Women using a known donor for an at home insemination attempt have 
         already been exposed to the donor's semen, the same way women with a 
         male partner have been exposed.  However, due to ambiguity in the 
         law, physicians will only inseminate women using a known donor with 
         frozen sperm after the donor has been screened for sexually 
         transmitted diseases.  Typically, for these women sperm must be 
         quarantined for six months and re-screened before insemination.  Not 
         only is frozen sperm less effective, but the six months waiting 
         period can reduce the chances of becoming pregnant for women over 
         40.  Insemination with frozen sperm is also significantly more 
         expensive than insemination with fresh sperm.
          
         Analysis Prepared by  :    Rosielyn Pulmano / HEALTH / (916) 319-2097 







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         FN: 0003512