Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REVISED
This Version Includes All Amendments Adopted
on Second Reading in the Second House
LLS NO. 24-1150.01 Jane Ritter x4342
SENATE BILL 24-223
Senate Committees House Committees
Finance Finance
Appropriations Appropriations
A BILL FOR AN ACT
C
ONCERNING LICENSING ISSUES FOR CLINICS THAT PERFORM SERVICES101
RELATED TO FERTILITY.102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
Current law requires a gamete agency, gamete bank, or fertility
clinic (clinic) to obtain a license from the department of public health and
environment (department) on or after January 1, 2025, before the clinic
may match or provide gametes or embryos to recipients in Colorado. The
bill extends this deadline to July 1, 2025.
The bill adds a requirement that applicants for an original and
HOUSE
2nd Reading Unamended
May 7, 2024
SENATE
3rd Reading Unamended
May 3, 2024
SENATE
Amended 2nd Reading
May 2, 2024
SENATE SPONSORSHIP
Fenberg and Gardner, Bridges, Buckner, Cutter, Michaelson Jenet, Mullica, Priola
HOUSE SPONSORSHIP
Snyder,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. renewal license must submit documentation to demonstrate compliance
with licensing requirements.
Subject to available appropriations, the department may, as it
deems necessary, perform on-site inspections or complaint investigations
of clinics located outside of Colorado.
Beginning in fiscal year 2025-26, the bill requires the general
assembly to annually appropriate $229,335 to the gamete agency, gamete
bank, or fertility clinic fund.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 25-57-102, amend2
(2) as follows:3
25-57-102. Legislative declaration. (2) Therefore, the general4
assembly finds that to protect the health and welfare of donor-conceived5
persons and their families in Colorado, it is essential to enact the6
"Donor-conceived Persons and Families of Donor-conceived Persons7
Protection Act" to regulate the use of donated gametes provided from8
gamete agencies, gamete banks, or fertility clinics located inside or9
outside of Colorado to recipients in or who are residents of,
Colorado.10
SECTION 2. In Colorado Revised Statutes, 25-57-103, amend11
(3), (5), (7), (9), and (11) as follows:12
25-57-103. Definitions. As used in this article 57, unless the13
context otherwise requires:14
(3) "Donor" means an individual who produces eggs or sperm15
collected by a gamete agency, gamete bank, or fertility clinic or whose16
eggs or sperm created an embryo received by a gamete agency, gamete17
bank, or fertility clinic for use in assisted reproduction by a recipient who18
is unknown to the donor of the gametes at the time of donation. A
DONOR19
AND A RECIPIENT PARENT OR PARENTS ARE "UNKNOWN" TO EACH OTHER20
IF A GAMETE AGENCY, GAMETE BANK, OR FERTILITY CLINIC INTRODUCED21
223-2- OR INITIATED THE MATCH OR CONNECTION BETWEEN THE DONOR AND1
RECIPIENT PARENTS, AND THE DONOR AND RECIPIENT PARENT OR PARENTS2
DO NOT MUTUALLY EXCHANGE IDENTIFYING INFORMATION . The term3
"donor" only applies to the regulation of gamete agencies, gamete banks,4
or fertility clinics pursuant to this article 57 and does not apply for the5
purposes of determining parentage.6
(5) "Fertility clinic" means an entity or organization
LOCATED IN7
C
OLORADO that performs assisted reproduction medical procedures and8
receives donor gametes for a recipient in
or who is a resident of,9
Colorado, and the recipient and gamete donor are unknown to each other10
at time of donation.11
(7) "Gamete agency" means an oocyte or sperm donor matching12
agency that: is located within or outside of Colorado and matches gamete13
donors with recipients in or who are residents of, Colorado, and the14
potential recipients and gamete donors are unknown to each other at time15
of donation.16
(a) M
ATCHES GAMETE DONORS WITH RECIPIENTS ; AND17
(b) M
ATCHES THE
POTENTIAL RECIPIENTS AND GAMETE DONORS18
WHO ARE UNKNOWN TO EACH OTHER AT THE TIME OF THE DONATION ; AND19
(c) (I) I
S LOCATED WITHIN COLORADO; OR20
(II) I
S LOCATED OUTSIDE OF COLORADO AND MATCHES INTENDED
21
RECIPIENTS LOCATED IN COLORADO DURING THE MATCHING PROCESS WITH22
GAMETE DONORS.23
(9) "Gamete bank" means an entity or organization that:24
(a) Collects gametes from a donor or receives embryos; and25
(b) Provides gametes or embryos to a recipient parent or parents26
or the recipient parent's medical provider when the recipient and donor27
223
-3- are unknown to each other at time of donation; and1
(c) (I) that Is located within or outside of Colorado; OR2
(II) I
S LOCATED OUTSIDE OF COLORADO and provides gametes or3
embryos to a recipient parent or parents
LOCATED in or who are residents
4
of, Colorado.5
(11) "Matches" or "matches gametes" means the process of6
matching a donor with a recipient in or who is a resident of, Colorado. A7
"
MATCH" IS MADE BY A GAMETE AGENCY, AND A MATCH IS CONSIDERED8
MADE WHEN AN INTENDED RECIPIENT PARENT SELECTS A SPECIFIC9
POTENTIAL DONOR, OR AGREES TO RECEIVE A SPECIFIC POTENTIAL DONOR'S10
GAMETES, PRIOR TO THE COLLECTION OF THE GAMETES .11
SECTION 3. In Colorado Revised Statutes, 25-57-105, amend12
(4) as follows:13
25-57-105. Declaration regarding disclosure of identifying14
information and medical history - applicability. (4) A gamete agency,15
gamete bank, or fertility clinic located outside of Colorado shall not16
match
INTENDED RECIPIENTS LOCATED IN COLORADO WITH DONORS , or
17
provide gametes
TO A RECIPIENT PARENT OR PARENTS LOCATED IN
18
C
OLORADO OR TO THE RECIPIENT PARENT 'S MEDICAL PROVIDER LOCATED
19
IN COLORADO, from a donor who does not agree to the disclosure of the20
donor's identity as set forth in subsection (2) of this section. to a recipient21
parent or parents located in or who are residents of Colorado22
SECTION 4. In Colorado Revised Statutes, 25-57-108, amend23
(4) introductory portion as follows:24
25-57-108. Written materials for recipient parents and gamete25
donors. (4) A gamete agency, gamete bank, or fertility clinic located26
outside of Colorado that either matches donors to or provides gametes or27
223
-4- embryos to recipients in or who are residents of, Colorado shall:1
SECTION 5. In Colorado Revised Statutes, 25-57-110, amend2
(1) and (3)(a)(I) as follows:3
25-57-110. License required - application - inspection -4
issuance, denial, suspension, or revocation - fees - civil penalties -5
rules. (1) On or after January JULY 1, 2025, a gamete agency, gamete6
bank, or fertility clinic shall not operate as a gamete agency, gamete bank,7
or fertility clinic in Colorado, or match or provide gametes or embryos to8
recipients in Colorado, without having first obtained a license from the9
department. Such THE license is conditioned on compliance with the10
applicable standards, requirements, and other provisions of this article 5711
and its implementing rules.12
(3) (a) (I) The department shall investigate and review each13
original application and each renewal application for a license to operate14
as a gamete agency, gamete bank, or fertility clinic. T
HE DEPARTMENT15
SHALL REQUIRE ALL APPLICANTS TO SUBMIT INFORMATION IN THE16
ORIGINAL AND RENEWAL APPLICATION PROCESS TO DOCUMENT17
COMPLIANCE WITH LICENSING REQUIREMENTS . SUBJECT TO AVAILABLE18
APPROPRIATIONS, THE DEPARTMENT MAY , AS IT DEEMS NECESSARY ,19
PERFORM ON-SITE INSPECTIONS OR COMPLAINT INVESTIGATIONS OF A20
GAMETE AGENCY, GAMETE BANK, OR FERTILITY CLINIC LOCATED OUTSIDE21
OF COLORADO. The department shall determine an applicant's compliance22
with this article 57, and the rules adopted pursuant to this article 57, for23
the collection and provision of gametes from donors who are unknown to24
a recipient at the time of the donation before issuing a license.25
SECTION 6. In Colorado Revised Statutes, amend 25-57-111 as
26
follows:27
223
-5- 25-57-111. Rule-making authority. On or before July 1, 2024,1
J
ANUARY 1, 2025, the state board shall promulgate any rules necessary to
2
implement this article 57. In promulgating rules, the state board shall3
consider and protect the interests of donor-conceived persons and families4
of donor-conceived persons, including lesbian, gay, bisexual, and5
transgender parents and donor-conceived persons and single parents.6
SECTION 7. In Colorado Revised Statutes, amend 25-57-112 as7
follows:8
25-57-112. Gamete agency, gamete bank, or fertility clinic9
fund - created - priorities - appropriation. (1) The gamete agency,10
gamete bank, or fertility clinic fund, referred to in this section as the11
"fund", is created in the state treasury. The fund consists of money12
credited to the fund pursuant to section 25-57-110
AND ANY MONEY13
APPROPRIATED TO THE FUND BY THE GENERAL ASSEMBLY . The money in14
the fund is subject to annual appropriation by the general assembly for the15
direct and indirect costs of the department in performing its duties16
pursuant to this article 57. At the end of any fiscal year, all unexpended17
and unencumbered money in the fund remains in the fund and is not18
credited or transferred to the general fund or any other fund.19
(2) T
HE DEPARTMENT SHALL PRIORITIZE THE USE OF MONEY IN THE20
FUND FOR PROVIDING TECHNICAL AND COMPLIANCE ASSISTANCE AND21
PROCESSING LICENSES, YET RETAIN ADEQUATE RESOURCES FOR22
ENFORCEMENT.23
(3) B
EGINNING IN FISCAL YEAR 2025-26, THE GENERAL ASSEMBLY24
SHALL ANNUALLY APPROPRIATE ONE HUNDRED TWENTY -FIVE THOUSAND
25
DOLLARS TO THE FUND.26
SECTION 8. Safety clause. The general assembly finds,27
223
-6- determines, and declares that this act is necessary for the immediate1
preservation of the public peace, health, or safety or for appropriations for2
the support and maintenance of the departments of the state and state3
institutions.4
223
-7-