BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1317|
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THIRD READING
Bill No: AB 1317
Author: Block (D)
Amended: 7/6/09 in Senate
Vote: 21
SENATE HEALTH COMMITTEE : 8-2, 6/25/09
AYES: Alquist, Aanestad, Cedillo, DeSaulnier, Leno,
Maldonado, Negrete McLeod, Pavley
NOES: Strickland, Cox
NO VOTE RECORDED: Wolk
ASSEMBLY FLOOR : 48-20, 5/18/09 - See last page for vote
SUBJECT : Assisted oocyte production: advertisement:
information
SOURCE : Author
DIGEST : This bill requires a specified warning in all
advertisements for human egg donations associated with the
delivery of fertility treatment. Requires donors to
fertility treatment centers be provided with medically
accurate information regarding potential risks.
ANALYSIS : Existing law:
1.Requires investigators to provide subjects making egg
donations for research purposes a standardized, medically
accurate, written summary of health and consumer issues
associated with assisted reproductive production by the
CONTINUED
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investigator.
2.Requires the written summary to specify potential risks
associated with the surgical procedure and the use of
drugs, medications and hormones prescribed for ovarian
stimulation and requires written and oral informed
consent of all donors prior to the procedures.
This bill:
1.Requires any advertisement seeking oocyte (human egg
cell) donation associated with the delivery of fertility
treatment that includes assisted oocyte production and a
financial payment or compensation of any kind, to contain
the following warning: "There are potential risks
associated with human egg donation. Long-term risks
associated with human egg donation have not been
determined. Consultation with your reproductive care
specialist prior to entering into a donor contract is
advised."
2.States that egg donation involves a screening process.
Not all potential egg donors are selected. Not all
selected egg donors receive the monetary amounts or
compensation advertised. As with any medical procedure,
there may be risks associated with human egg donation.
Before an egg donor agrees to begin the egg donation
process, and signs a legally binding contract, she is
required to receive specific information on the known
risks of egg donation. Consultation with your doctor
prior to entering into a donor contract is advised.
Background
According to the American College of Obstetricians and
Gynecologists, (ACOG) the potential of stem cell
treatments and the recent advances in fertility treatments
have very substantially increased demand for oocytes. In
2004, in the United States, almost 50,000 babies were born
- representing almost one percent of all newborns, as the
result of 128,000 fertility treatments by 411 clinics.
Regulation of the donation process varies based on what
type of entity seeks the donation. In California, oocyte
donations for research purposes require informed consent
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from the donor and require donors be provided medically
accurate written and oral information on the potential
risks of the procedure. Most physicians who provide
fertility treatments follow recommended, voluntary
guidelines on compensation of donors and other practices
promulgated by the American Society for Reproductive
Medicine and are required to secure informed consent from
donors. However, according to ACOG, a number of private
egg donor agencies operate in this state without formal
regulation or oversight, and these agencies may offer
substantial financial incentives to donors.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 7/8/09)
American Association of University Women
California Family Council
Center for Genetics in Society
ARGUMENTS IN SUPPORT : Supporters state that the appeal
of advertising for egg donation, especially at college
settings is powerful, given the current recession and
rising cost of tuition, but students are not cautioned to
consider any long-term health effects. The California
Family Council states that this bill will not result in a
decrease of potential donors, but rather encourage greater
understanding and knowledge of the process and potential
effects of egg donation.
ASSEMBLY FLOOR :
AYES: Ammiano, Arambula, Beall, Blakeslee, Block,
Blumenfield, Brownley, Buchanan, Caballero, Charles
Calderon, Carter, Chesbro, Coto, Davis, De La Torre, De
Leon, Evans, Feuer, Fong, Fuentes, Furutani, Galgiani,
Hall, Hayashi, Hernandez, Hill, Huber, Huffman, Jones,
Krekorian, Lieu, Bonnie Lowenthal, Ma, Mendoza, Monning,
Nava, John A. Perez, V. Manuel Perez, Portantino, Ruskin,
Salas, Skinner, Solorio, Swanson, Torlakson, Torrico,
Yamada, Bass
NOES: Anderson, Bill Berryhill, Tom Berryhill, Conway,
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DeVore, Duvall, Fuller, Gaines, Gilmore, Hagman, Harkey,
Jeffries, Knight, Logue, Miller, Niello, Nielsen, Silva,
Smyth, Villines
NO VOTE RECORDED: Adams, Cook, Emmerson, Eng, Fletcher,
Garrick, Nestande, Price, Saldana, Audra Strickland,
Torres, Tran
CTW:nl 7/8/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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