BILL ANALYSIS �
AB 2356
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 2356 (Skinner)
As Amended August 24, 2012
Majority vote
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|ASSEMBLY: |50-24|(May 31, 2012) |SENATE: |26-10|(August 28, |
| | | | | |2012) |
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Original Committee Reference: HEALTH
SUMMARY : Authorizes a recipient of sperm donated by a sexually
intimate partner (SIP) of the recipient for reproductive use to
waive a second or repeat testing of that donor if the recipient is
informed of the donor testing requirements, as specified, and signs
a written waiver. Defines SIP 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. Excludes physicians
and surgeons from liability and disciplinary action, as specified.
The Senate amendments clarify the requirements that apply to exclude
a physician and surgeon from liability for damages for any cause of
action, disciplinary action against his or her professional license,
or subject to peer review, as specified, and disciplinary action
against a tissue bank that is owned and operated by a physician and
surgeon. Replace references to advanced reproductive technologies
and advanced reproductive technology services with assisted
reproductive technologies and assisted reproductive technology
services, and make other technical, clarifying, non-substantive
changes.
AS PASSED BY THE ASSEMBLY , this bill provided 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 human immunodeficiency virus, agents of viral
hepatitis, syphilis, and human T lymphotrophic virus, 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, based
solely on the use of sperm donated by a SIP of the recipient, as
specified.
FISCAL EFFECT : None
AB 2356
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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
FN: 0005766