Bill Text: NY A05608 | 2021-2022 | General Assembly | Introduced

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Bill Title: Makes it unlawful to provide valuable consideration for the donation of human eggs for scientific research.

Spectrum: Partisan Bill (Republican 11-0)

Status: (Introduced - Dead) 2022-01-05 - referred to health [A05608 Detail]

Download: New_York-2021-A05608-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5608

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 22, 2021
                                       ___________

        Introduced  by  M.  of  A.  FITZPATRICK,  BARCLAY,  BRABENEC, DeSTEFANO,
          J. M. GIGLIO, MORINELLO, NORRIS, RA, TAGUE -- Multi-Sponsored by -- M.
          of A.  M. MILLER, SALKA -- read once and referred to the Committee  on
          Health

        AN ACT to amend the public health law, in relation to making it unlawful
          to provide consideration for the donation of human eggs for scientific
          research

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The public health law is amended by adding  a  new  section
     2  4311 to read as follows:
     3    §  4311.  Prohibition  of  valuable  consideration for the donation of
     4  human eggs for scientific research. 1. It  shall  be  unlawful  for  any
     5  person  to  knowingly provide or offer to provide valuable consideration
     6  to any woman who donates a human egg for scientific research.  It  shall
     7  further be unlawful for any advertising or publicity aimed at recruiting
     8  donors  of  human  eggs or encouraging donation of human eggs to include
     9  any reference, express  or  implied,  to  the  possibility  of  valuable
    10  consideration for such a donation, although reference may be made to the
    11  availability  of reimbursement for actual expenses, as permitted by this
    12  section.
    13    (a) The term "valuable consideration" shall not include the reimburse-
    14  ment of actual expenses incurred by the woman herself in connection with
    15  the donation of an egg.
    16    (b) The term "actual expenses" shall be defined as necessary  expendi-
    17  tures  paid or incurred by the woman herself, including travel, housing,
    18  and lost wages,  but  shall  not  include  any  indefinite  or  inchoate
    19  expenses,  such  as  inconveniences  or  burdens.  Reimbursement  may be
    20  provided for actual and reasonable medical expenses incurred by  an  egg
    21  donor who becomes ill as a direct result of the donation.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08121-01-1
        A. 5608                             2

     1    2. Any person that accepts the donation of human eggs shall maintain a
     2  record  of  all  expenses  reimbursed  to donors, containing information
     3  about the date, amount, recipient, specific justification and documenta-
     4  tion supporting each reimbursement.
     5    3.  Any  person  that  accepts the donation of human eggs shall obtain
     6  from the donor a certification that no valuable consideration  was  paid
     7  to  her  by  any  person  for  her  donation  of  an egg, except for the
     8  reimbursement of actual expenses as  permitted  by  this  section.  Such
     9  certifications shall be required to be maintained by the person or enti-
    10  ty in their records.
    11    4.  This  section shall not apply to the procurement of human eggs for
    12  the treatment of infertility.
    13    5. Any person who violates this section shall be guilty of a  class  E
    14  felony.
    15    § 2. This act shall take effect immediately.