BILL ANALYSIS �
AB 2356
Page 1
ASSEMBLY THIRD READING
AB 2356 (Skinner)
As Amended May 30, 2012
Majority vote
HEALTH 13-5
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|Ayes:|Monning, Ammiano, Atkins, |
| |Bonilla, Eng, Gordon, |
| |Hayashi, |
| |Roger Hern�ndez, Bonnie |
| |Lowenthal, Mitchell, Pan, |
| |V. Manuel P�rez, Williams |
| | |
|-----+--------------------------|
|Nays:|Logue, Garrick, Mansoor, |
| |Nestande, Smyth |
| | |
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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, because the physician and surgeon used sperm donated
by a SIP in 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.
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3)Exempts a physician and surgeon from liability for damages for
any cause of action based solely on the use of sperm donated
by a SIP of the recipient, in providing insemination or
advanced reproductive technology services, 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, because the physician and surgeon used sperm donated
by a SIP of the recipient, in providing insemination or
advance reproductive technology services 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 because of the use of sperm donated
by a SIP of the recipient, in providing insemination or
advanced reproductive technology services when the physician
and surgeon affiliated with the clinical laboratory or tissue
bank 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)States that nothing in this bill shall create a duty for a
physician and surgeon to use sperm donated by a SIP of the
recipient if the physician and surgeon reasonably concludes
that the insemination or services do not meet the 2008
American Society for Reproductive Medicine guidelines for
gamete and embryo donation.
7)Provides that nothing in this bill shall be construed to
affect any liability that may be imposed pursuant to a federal
rule or regulation when a physician and surgeon, clinical
laboratory or tissue bank provides insemination or advanced
reproductive technology services.
8)Specifies numerous findings and declarations, including the
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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.
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.
9)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.
10)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.
11)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
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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
FN: 0004008