BILL ANALYSIS
AB 1317
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CONCURRENCE IN SENATE AMENDMENTS
AB 1317 (Block)
As Amended August 19, 2009
Majority vote
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|ASSEMBLY: |48-20|(May 18, 2009) |SENATE: |30-3 |(September 2, |
| | | | | |2009) |
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Original Committee Reference: HEALTH
SUMMARY : Enacts specified disclosures and requirements related
to human egg donation associated with fertility treatments and
for advertisement related to egg donation. Specifically, this
bill :
1)Requires an entity or person posting an advertisement seeking
egg donations for financial compensation for fertility
treatments include a specified notice.
2)Exempts entities that certify, by registering with the
American Society for Reproductive Medicine (ASRM), compliance
with ASRM guidelines, and establishes as false advertising use
of this exemption when the ASRM guidelines are violated.
3)Requires all potential donors, before signing a contract, or
at the beginning of the procedure as part of obtaining
informed consent, to be provided with the summary of health
and consumer issues that is used for women who are making egg
donations for research.
4)Requires all donors recruited through advertisements to
undergo the same disclosure, counseling, and informed consent
as those recruited by exempt entities.
The Senate amendments :
1)Modify the specified warning that must be included in an
advertisement for egg donations so that it applies to an
advertisement that includes a financial payment or
compensation and require the notice to be in a clear and
conspicuous manner.
2)Expand the notice on the advertisement to include a caveat
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that egg donation is a screening process, that not all
potential donors are selected, and not all receive
compensation.
3)Require all potential donors for fertility purposes to be
provided with the standardized, medically accurate, written
summary that is currently required for egg donation for
research or the development of medical therapies.
4)Exempt persons or entities that certify compliance with and
register with ASRM from the notice requirement.
5)Establish as false advertising use of the exemption in 4)
above when the ASRM guidelines are violated.
6)Require donors recruited through advertisements to undergo the
same disclosure, counseling, and informed consent process as
those recruited by exempt entities.
7)Delete remaining provisions that did not relate to egg
donations pursuant to advertisements that included a financial
payment.
EXISTING LAW requires:
1)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 investigator.
2)The written summary described in 1) above 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.
AS PASSED BY THE ASSEMBLY , this bill required a specified
warning in all advertisements for human egg donations associated
with the delivery of fertility treatment and required donors to
fertility treatment centers to be provided with medically
accurate information regarding the potential risks of egg
donation.
FISCAL EFFECT : None
AB 1317
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Analysis Prepared by : Marjorie Swartz / HEALTH / (916)
319-2097
FN: 0002437