Bill Text: CA AB1317 | 2009-2010 | Regular Session | Chaptered

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Bill Title: Assisted oocyte production: advertisement: information.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2009-10-11 - Chaptered by Secretary of State - Chapter 523, Statutes of 2009. [AB1317 Detail]

Download: California-2009-AB1317-Chaptered.html

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BILL NUMBER: AB 1317	CHAPTERED
	BILL TEXT

	CHAPTER  523
	FILED WITH SECRETARY OF STATE  OCTOBER 11, 2009
	APPROVED BY GOVERNOR  OCTOBER 11, 2009
	PASSED THE SENATE  SEPTEMBER 2, 2009
	PASSED THE ASSEMBLY  SEPTEMBER 8, 2009
	AMENDED IN SENATE  AUGUST 19, 2009
	AMENDED IN SENATE  JULY 6, 2009
	AMENDED IN ASSEMBLY  MAY 6, 2009

INTRODUCED BY   Assembly Member Block

                        FEBRUARY 27, 2009

   An act to add Chapter 1.5 (commencing with Section 125325) to Part
5.5 of Division 106 of the Health and Safety Code, relating to
public health.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1317, Block. Assisted oocyte production: advertisement:
information.
   Existing law requires that an oocyte retrieval summary be provided
to the donor of oocytes for research purposes. Existing law requires
that a health care professional in the course of fertility treatment
provide prescribed information to an embryo donor relating to
donation of remaining embryos for research purposes.
   This bill would, with certain exceptions, establish similar
requirements for donors of oocytes for fertility treatment, and would
require an advertisement seeking oocyte donation associated with the
delivery of fertility treatment that includes assisted oocyte
production and a financial payment, or compensation of any kind, to
contain a prescribed notice relating to the potential health risks
associated with human egg donation.
   The bill would declare that it shall not be construed to amend
Proposition 71, approved by the voters at the November 2, 2004,
general election.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Chapter 1.5 (commencing with Section 125325) is added
to Part 5.5 of Division 106 of the Health and Safety Code, to read:
      CHAPTER 1.5.  OOCYTE RETRIEVAL FOR FERTILITY TREATMENT


   125325.  (a) The person or entity posting an advertisement seeking
oocyte donation associated with the delivery of fertility treatment
that includes assisted oocyte production and a financial payment or
compensation of any kind, shall include the following notice in a
clear and conspicuous manner:

    "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."

   (b) A summary pertaining to oocyte donation procedures, shall be
provided, as required pursuant to Section 125335, to all potential
egg donors before signing a legally binding contract to become an egg
donor, or beginning any egg donation procedures, as part of
compliance with the informed consent requirements.
   (c) Persons or entities that certify compliance with the American
Society for Reproductive Medicine (ASRM) guidelines by registering
with ASRM are exempt from the notice requirements set forth in
subdivision (a). Use of the exemption when the guidelines are
violated shall constitute false advertising.
   (d) Donors recruited through the advertisement shall undergo the
same disclosure, counseling, and informed consent process, as
required pursuant to Section 125335, as donors recruited by those
exempt from subdivision (a).
   125325.15.  The following definitions shall apply to this chapter:

   (a) "Assisted oocyte production" or "AOP" means surgical
extraction of oocytes following pharmaceutically induced manipulation
of oocyte production through the use of ovarian stimulation for the
purposes of fertility treatment.
   (b) "Oocyte" means a female egg or egg cell of a human female.
  SEC. 2.  This act shall not be construed to amend Proposition 71,
approved by the voters at the November 2, 2004, general election.