SENATE BILL 24-223
BY SENATOR(S) Fenberg and Gardner, Bridges, Buckner, Cutter,
Michaelson Jenet, Mullica, Priola;
also REPRESENTATIVE(S) Snyder, Brown, Kipp, Lieder, Lindsay, Vigil.
C
ONCERNING LICENSING ISSUES FOR CLINICS THAT PERFORM SERVICES
RELATED TO FERTILITY
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 25-57-102, amend (2)
as follows:
25-57-102. Legislative declaration. (2) Therefore, the general
assembly finds that to protect the health and welfare of donor-conceived
persons and their families in Colorado, it is essential to enact the
"Donor-conceived Persons and Families of Donor-conceived Persons
Protection Act" to regulate the use of donated gametes provided from
gamete agencies, gamete banks, or fertility clinics located inside or outside
of Colorado to recipients in or who are residents of,
Colorado.
SECTION 2. In Colorado Revised Statutes, 25-57-103, amend (3),
(5), (7), (9), and (11) as follows:
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. 25-57-103. Definitions. As used in this article 57, unless the context
otherwise requires:
(3) "Donor" means an individual who produces eggs or sperm
collected by a gamete agency, gamete bank, or fertility clinic or whose eggs
or sperm created an embryo received by a gamete agency, gamete bank, or
fertility clinic for use in assisted reproduction by a recipient who is
unknown to the donor of the gametes at the time of donation. A
DONOR AND
A RECIPIENT PARENT OR PARENTS ARE
"UNKNOWN" TO EACH OTHER IF A
GAMETE AGENCY
, GAMETE BANK, OR FERTILITY CLINIC INTRODUCED OR
INITIATED THE MATCH OR CONNECTION BETWEEN THE DONOR AND RECIPIENT
PARENTS
, AND THE DONOR AND RECIPIENT PARENT OR PARENTS DO NOT
MUTUALLY EXCHANGE IDENTIFYING INFORMATION
. The term "donor" only
applies to the regulation of gamete agencies, gamete banks, or fertility
clinics pursuant to this article 57 and does not apply for the purposes of
determining parentage.
(5) "Fertility clinic" means an entity or organization
LOCATED IN
COLORADO that performs assisted reproduction medical procedures and
receives donor gametes for a recipient in or who is a resident of, Colorado,
and the recipient and gamete donor are unknown to each other at time of donation.
(7) "Gamete agency" means an oocyte or sperm donor matching
agency that: is located within or outside of Colorado and matches gamete
donors with recipients in or who are residents of, Colorado, and the
potential recipients and gamete donors are unknown to each other at time
of donation.
(a) MATCHES GAMETE DONORS WITH RECIPIENTS ; AND
(b) MATCHES THE POTENTIAL RECIPIENTS AND GAMETE DONORS WHO
ARE UNKNOWN TO EACH OTHER AT THE TIME OF THE DONATION
; AND
(c) (I) IS LOCATED WITHIN COLORADO; OR
(II) IS LOCATED OUTSIDE OF COLORADO AND MATCHES INTENDED
RECIPIENTS LOCATED IN
COLORADO DURING THE MATCHING PROCESS WITH
GAMETE DONORS
.
PAGE 2-SENATE BILL 24-223 (9) "Gamete bank" means an entity or organization that:
(a) Collects gametes from a donor or receives embryos; and
(b) Provides gametes or embryos to a recipient parent or parents or
the recipient parent's medical provider when the recipient and donor are
unknown to each other at time of donation; and
(c) (I) that
Is located within or outside of Colorado; OR
(II) IS LOCATED OUTSIDE OF COLORADO and provides gametes or
embryos to a recipient parent or parents
LOCATED in or who are residents of,Colorado.
(11) "Matches" or "matches gametes" means the process of
matching a donor with a recipient in or who is a resident of, Colorado. A
"
MATCH" IS MADE BY A GAMETE AGENCY , AND A MATCH IS CONSIDERED
MADE WHEN AN INTENDED RECIPIENT PARENT SELECTS A SPECIFIC POTENTIAL
DONOR
, OR AGREES TO RECEIVE A SPECIFIC POTENTIAL DONOR 'S GAMETES,
PRIOR TO THE COLLECTION OF THE GAMETES .
SECTION 3. In Colorado Revised Statutes, 25-57-105, amend (4)
as follows:
25-57-105. Declaration regarding disclosure of identifying
information and medical history - applicability. (4) A gamete agency,
gamete bank, or fertility clinic located outside of Colorado shall not match
INTENDED RECIPIENTS LOCATED IN COLORADO WITH DONORS , or provide
gametes
TO A RECIPIENT PARENT OR PARENTS LOCATED IN COLORADO OR TO
THE RECIPIENT PARENT
'S MEDICAL PROVIDER LOCATED IN COLORADO, from
a donor who does not agree to the disclosure of the donor's identity as set
forth in subsection (2) of this section. to a recipient parent or parents located
in or who are residents of Colorado
SECTION 4. In Colorado Revised Statutes, 25-57-108, amend (4)
introductory portion as follows:
25-57-108. Written materials for recipient parents and gamete
donors. (4) A gamete agency, gamete bank, or fertility clinic located
outside of Colorado that either matches donors to or provides gametes or
embryos to recipients in or who are residents of,
Colorado shall:
PAGE 3-SENATE BILL 24-223 SECTION 5. In Colorado Revised Statutes, 25-57-110, amend (1)
and (3)(a)(I) as follows:
25-57-110. License required - application - inspection - issuance,
denial, suspension, or revocation - fees - civil penalties - rules. (1) On
or after January JULY 1, 2025, a gamete agency, gamete bank, or fertility
clinic shall not operate as a gamete agency, gamete bank, or fertility clinic
in Colorado, or match or provide gametes or embryos to recipients in
Colorado, without having first obtained a license from the department. Such
THE license is conditioned on compliance with the applicable standards,
requirements, and other provisions of this article 57 and its implementing
rules.
(3) (a) (I) The department shall investigate and review each original
application and each renewal application for a license to operate as a
gamete agency, gamete bank, or fertility clinic. T
HE DEPARTMENT SHALL
REQUIRE ALL APPLICANTS TO SUBMIT INFORMATION IN THE ORIGINAL AND
RENEWAL APPLICATION PROCESS TO DOCUMENT COMPLIANCE WITH
LICENSING REQUIREMENTS
. SUBJECT TO AVAILABLE APPROPRIATIONS , THE
DEPARTMENT MAY
, AS IT DEEMS NECESSARY, PERFORM ON-SITE INSPECTIONS
OR COMPLAINT INVESTIGATIONS OF A GAMETE AGENCY
, GAMETE BANK, OR
FERTILITY CLINIC LOCATED OUTSIDE OF
COLORADO. The department shall
determine an applicant's compliance with this article 57, and the rules
adopted pursuant to this article 57, for the collection and provision of
gametes from donors who are unknown to a recipient at the time of the
donation before issuing a license.
SECTION 6. In Colorado Revised Statutes, amend 25-57-111 as
follows:
25-57-111. Rule-making authority. On or before July 1, 2024,
JANUARY 1, 2025, the state board shall promulgate any rules necessary to
implement this article 57. In promulgating rules, the state board shall
consider and protect the interests of donor-conceived persons and families
of donor-conceived persons, including lesbian, gay, bisexual, and
transgender parents and donor-conceived persons and single parents.
SECTION 7. In Colorado Revised Statutes, amend 25-57-112 as
follows:
25-57-112. Gamete agency, gamete bank, or fertility clinic fund
PAGE 4-SENATE BILL 24-223 - created - priorities - appropriation. (1) The gamete agency, gamete
bank, or fertility clinic fund, referred to in this section as the "fund", is
created in the state treasury. The fund consists of money credited to the fund
pursuant to section 25-57-110
AND ANY MONEY APPROPRIATED TO THE FUND
BY THE GENERAL ASSEMBLY
. The money in the fund is subject to annual
appropriation by the general assembly for the direct and indirect costs of the
department in performing its duties pursuant to this article 57. At the end of
any fiscal year, all unexpended and unencumbered money in the fund
remains in the fund and is not credited or transferred to the general fund or
any other fund.
(2) T
HE DEPARTMENT SHALL PRIORITIZE THE USE OF MONEY IN THE
FUND FOR PROVIDING TECHNICAL AND COMPLIANCE ASSISTANCE AND
PROCESSING LICENSES
, YET RETAIN ADEQUATE RESOURCES FOR
ENFORCEMENT
.
(3) B
EGINNING IN FISCAL YEAR 2025-26, THE GENERAL ASSEMBLY
SHALL ANNUALLY APPROPRIATE ONE HUNDRED TWENTY
-FIVE THOUSAND
DOLLARS TO THE FUND
.
SECTION 8. Safety clause. The general assembly finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety or for appropriations for
PAGE 5-SENATE BILL 24-223 the support and maintenance of the departments of the state and state
institutions.
____________________________ ____________________________
Steve Fenberg Julie McCluskie
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 6-SENATE BILL 24-223