ENGROSSED HOUSE
BILL NO. 3077	By:	Hamilton, Reynolds, Faught, Wright (John), Kern, Cooksey, Coody, Ortega, Tibbs and Wright (Harold) of the House

				and

		Crain of the Senate

An Act relating to human oocytes; prohibiting certain acts; requiring certain consent; creating civil liability; providing penalties; providing for codification; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 557 of Title 10, unless there is created a duplication in numbering, reads as follows:
A.  In the interest of protecting the ovarian health of Oklahoma women, especially university students and low-income women who are disproportionately vulnerable to being monetarily induced to compromise their reproductive and ovarian health, it shall be unlawful for any person to intentionally or knowingly provide valuable consideration, or to solicit to provide valuable consideration, to procure one or multiple human oocytes from a woman by hormonal egg follicle stimulation and surgical extraction.  It shall further be unlawful for any person to refer individuals to out-of-state egg harvesters or in-state referral services and to receive valuable consideration for such services.  This section shall not apply to regulate or prohibit the procurement of human oocytes for the treatment of infertility being experienced by the woman from whom the eggs are being derived.
B.  Human oocytes obtained from women volunteering as donors without valuable consideration must have been donated with voluntary and informed consent, documented in writing, including risks of infertility, hospitalization or death resulting from complications of human oocyte stimulation and extraction.  Medical clinics must also disclose in writing any potential conflict of interest.
C.  “Valuable consideration” means financial gain or advantage, including cash, in-kind payments, reimbursement of any cost incurred in connection with the removal, processing, disposal, preservation, quality control, storage, transfer, or donation of human oocytes including lost wages of the donor, endorsements, patient referrals, research donations, grant monies, as well as any other consideration.
D.  A civil action may be filed in state court for any violation of this act.  
E.  Any violation of this section shall constitute unprofessional conduct for a professional licensed in this state and shall result in permanent revocation of the individual’s license.  
F.  No female shall be subject to any penalty for being solicited or induced to accept valuable consideration to undergo hormonal oocyte follicle stimulation and surgical extraction for any purpose.
SECTION 2.  This act shall become effective November 1, 2010.
Passed the House of Representatives the 25th day of February, 2010.

	
Presiding Officer of the House of
	Representatives

Passed the Senate the ____ day of __________, 2010.

	
Presiding Officer of the Senate