BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1397|
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THIRD READING
Bill No: AB 1397
Author: Hill (D), et al
Amended: 8/17/09 in Senate
Vote: 27 - Urgency
SENATE HEALTH COMMITTEE : 11-0, 7/8/09
AYES: Alquist, Strickland, Aanestad, Cedillo, Cox,
DeSaulnier, Leno, Maldonado, Negrete McLeod, Pavley, Wolk
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 79-0, 6/1/09 - See last page for vote
SUBJECT : Tissue donation
SOURCE : American Society for Reproductive Medicine
DIGEST : This bill amends existing guidelines that must
be adhered to between a physician who is providing
insemination, and other advanced reproductive technology
services, and a female patient.
ANALYSIS : Existing law prohibits the transfer of any
tissues, as defined, into the body of another person by
means of transplantation, unless the donor of the tissues
has been screened and found nonreactive for evidence of
infection with human immunodeficiency virus (HIV), agents
of viral hepatitis (HBV and HCV), human T lymphotrophic
virus-1 (HTLV-1), and syphilis, except as provided.
CONTINUED
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Existing law requires that all donors of sperm be screened
and found nonreactive under the above provisions, except as
provided. Under existing law, a sperm donor who has tested
reactive for HIV or HTLV-1 may be used for insemination or
advanced reproductive technology for a recipient who has
tested negative only after processing to minimize the
infectiousness of the sperm. The Department of Public
Health is required to adopt regulations by January 1, 2010,
regulating facilities that perform this processing.
Existing law further requires the physician providing
insemination or advanced reproductive technologies to,
among other things, inform the recipient that the
processing may not eliminate the risk of infection, that
the sperm may be tested to ensure that it is free from HIV
or HTLV-1, and about the potential adverse effects of
testing on the sperm.
This bill also requires the physician to inform the
recipient that she must provide documentation to the
physician providing insemination or advanced reproductive
technology services prior to treatment that she has
established an ongoing physician relationship with another
physician to provide for her medical care during, and after
completion of, fertility services and about the medical
guidelines for testing after use of sperm from an HIV or
HTLV reactive donor.
Under existing law, the physician performing insemination
or advanced reproductive technology is required to provide
prophylactic treatments, follow-up testing, and monitoring,
as specified, to the recipient to minimize the risk of
infection.
This bill removes those requirements but requires the
physician to recommend follow-up testing of the recipient
for HIV and HTLV, as specified.
Existing law allows the use of sperm from a donor who has
tested reactive for HIV or HTLV-1 if the recipient has also
previously been documented with HIV or HTLV-1 and where
mutual consent has been obtained.
This bill removes this provision. This bill also makes all
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of the provisions above applicable to donors who have
tested reactive for any of the human T lymphotrophic
viruses.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/19/09)
American Society for Reproductive Medicine (source)
AIDS Legal Referral Panel
American College of Obstetricians and Gynecologists,
District IX
Kaiser Permanente
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Blumenfield,
Brownley, Buchanan, Caballero, Charles Calderon, Carter,
Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon,
DeVore, Duvall, Emmerson, Eng, Evans, Feuer, Fletcher,
Fong, Fuentes, Fuller, Furutani, Gaines, Galgiani,
Garrick, Gilmore, Hagman, Hall, Harkey, Hayashi,
Hernandez, Hill, Huber, Huffman, Jeffries, Jones, Knight,
Krekorian, Lieu, Logue, Bonnie Lowenthal, Ma, Mendoza,
Miller, Monning, Nava, Nestande, Niello, Nielsen, John A.
Perez, V. Manuel Perez, Portantino, Price, Ruskin, Salas,
Saldana, Silva, Skinner, Smyth, Solorio, Audra
Strickland, Swanson, Torlakson, Torres, Torrico, Tran,
Villines, Yamada, Bass
NO VOTE RECORDED: Block
RJG:mw 8/19/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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