Colorado 2024 Regular Session

Colorado Senate Bill SB223 Compare Versions

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1+Second Regular Session
2+Seventy-fourth General Assembly
3+STATE OF COLORADO
4+REREVISED
5+This Version Includes All Amendments
6+Adopted in the Second House
7+LLS NO. 24-1150.01 Jane Ritter x4342
18 SENATE BILL 24-223
2-BY SENATOR(S) Fenberg and Gardner, Bridges, Buckner, Cutter,
3-Michaelson Jenet, Mullica, Priola;
4-also REPRESENTATIVE(S) Snyder, Brown, Kipp, Lieder, Lindsay, Vigil.
9+Senate Committees House Committees
10+Finance Finance
11+Appropriations Appropriations
12+A BILL FOR AN ACT
513 C
6-ONCERNING LICENSING ISSUES FOR CLINICS THAT PERFORM SERVICES
7-RELATED TO FERTILITY
8-.
9-
10-Be it enacted by the General Assembly of the State of Colorado:
11-SECTION 1. In Colorado Revised Statutes, 25-57-102, amend (2)
12-as follows:
13-25-57-102. Legislative declaration. (2) Therefore, the general
14-assembly finds that to protect the health and welfare of donor-conceived
15-persons and their families in Colorado, it is essential to enact the
16-"Donor-conceived Persons and Families of Donor-conceived Persons
17-Protection Act" to regulate the use of donated gametes provided from
18-gamete agencies, gamete banks, or fertility clinics located inside or outside
19-of Colorado to recipients in or who are residents of,
20- Colorado.
21-SECTION 2. In Colorado Revised Statutes, 25-57-103, amend (3),
22-(5), (7), (9), and (11) as follows:
23-NOTE: This bill has been prepared for the signatures of the appropriate legislative
24-officers and the Governor. To determine whether the Governor has signed the bill
25-or taken other action on it, please consult the legislative status sheet, the legislative
26-history, or the Session Laws.
27-________
28-Capital letters or bold & italic numbers indicate new material added to existing law; dashes
29-through words or numbers indicate deletions from existing law and such material is not part of
30-the act. 25-57-103. Definitions. As used in this article 57, unless the context
31-otherwise requires:
32-(3) "Donor" means an individual who produces eggs or sperm
33-collected by a gamete agency, gamete bank, or fertility clinic or whose eggs
34-or sperm created an embryo received by a gamete agency, gamete bank, or
35-fertility clinic for use in assisted reproduction by a recipient who is
36-unknown to the donor of the gametes at the time of donation. A
37- DONOR AND
38-A RECIPIENT PARENT OR PARENTS ARE
39-"UNKNOWN" TO EACH OTHER IF A
40-GAMETE AGENCY
41-, GAMETE BANK, OR FERTILITY CLINIC INTRODUCED OR
42-INITIATED THE MATCH OR CONNECTION BETWEEN THE DONOR AND RECIPIENT
43-PARENTS
44-, AND THE DONOR AND RECIPIENT PARENT OR PARENTS DO NOT
45-MUTUALLY EXCHANGE IDENTIFYING INFORMATION
46-. The term "donor" only
47-applies to the regulation of gamete agencies, gamete banks, or fertility
48-clinics pursuant to this article 57 and does not apply for the purposes of
49-determining parentage.
14+ONCERNING LICENSING ISSUES FOR CLINICS THAT PERFORM SERVICES101
15+RELATED TO FERTILITY.102
16+Bill Summary
17+(Note: This summary applies to this bill as introduced and does
18+not reflect any amendments that may be subsequently adopted. If this bill
19+passes third reading in the house of introduction, a bill summary that
20+applies to the reengrossed version of this bill will be available at
21+http://leg.colorado.gov
22+.)
23+Current law requires a gamete agency, gamete bank, or fertility
24+clinic (clinic) to obtain a license from the department of public health and
25+environment (department) on or after January 1, 2025, before the clinic
26+may match or provide gametes or embryos to recipients in Colorado. The
27+bill extends this deadline to July 1, 2025.
28+The bill adds a requirement that applicants for an original and
29+HOUSE
30+3rd Reading Unamended
31+May 8, 2024
32+HOUSE
33+2nd Reading Unamended
34+May 7, 2024
35+SENATE
36+3rd Reading Unamended
37+May 3, 2024
38+SENATE
39+Amended 2nd Reading
40+May 2, 2024
41+SENATE SPONSORSHIP
42+Fenberg and Gardner, Bridges, Buckner, Cutter, Michaelson Jenet, Mullica, Priola
43+HOUSE SPONSORSHIP
44+Snyder, Brown, Kipp, Lieder, Lindsay, Vigil
45+Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
46+Capital letters or bold & italic numbers indicate new material to be added to existing law.
47+Dashes through the words or numbers indicate deletions from existing law. renewal license must submit documentation to demonstrate compliance
48+with licensing requirements.
49+Subject to available appropriations, the department may, as it
50+deems necessary, perform on-site inspections or complaint investigations
51+of clinics located outside of Colorado.
52+Beginning in fiscal year 2025-26, the bill requires the general
53+assembly to annually appropriate $229,335 to the gamete agency, gamete
54+bank, or fertility clinic fund.
55+Be it enacted by the General Assembly of the State of Colorado:1
56+SECTION 1. In Colorado Revised Statutes, 25-57-102, amend2
57+(2) as follows:3
58+25-57-102. Legislative declaration. (2) Therefore, the general4
59+assembly finds that to protect the health and welfare of donor-conceived5
60+persons and their families in Colorado, it is essential to enact the6
61+"Donor-conceived Persons and Families of Donor-conceived Persons7
62+Protection Act" to regulate the use of donated gametes provided from8
63+gamete agencies, gamete banks, or fertility clinics located inside or9
64+outside of Colorado to recipients in or who are residents of,
65+ Colorado.10
66+SECTION 2. In Colorado Revised Statutes, 25-57-103, amend11
67+(3), (5), (7), (9), and (11) as follows:12
68+25-57-103. Definitions. As used in this article 57, unless the13
69+context otherwise requires:14
70+(3) "Donor" means an individual who produces eggs or sperm15
71+collected by a gamete agency, gamete bank, or fertility clinic or whose16
72+eggs or sperm created an embryo received by a gamete agency, gamete17
73+bank, or fertility clinic for use in assisted reproduction by a recipient who18
74+is unknown to the donor of the gametes at the time of donation. A
75+ DONOR19
76+AND A RECIPIENT PARENT OR PARENTS ARE "UNKNOWN" TO EACH OTHER20
77+IF A GAMETE AGENCY, GAMETE BANK, OR FERTILITY CLINIC INTRODUCED21
78+223-2- OR INITIATED THE MATCH OR CONNECTION BETWEEN THE DONOR AND1
79+RECIPIENT PARENTS, AND THE DONOR AND RECIPIENT PARENT OR PARENTS2
80+DO NOT MUTUALLY EXCHANGE IDENTIFYING INFORMATION . The term3
81+"donor" only applies to the regulation of gamete agencies, gamete banks,4
82+or fertility clinics pursuant to this article 57 and does not apply for the5
83+purposes of determining parentage.6
5084 (5) "Fertility clinic" means an entity or organization
51-LOCATED IN
52-COLORADO that performs assisted reproduction medical procedures and
53-receives donor gametes for a recipient in or who is a resident of, Colorado,
54-and the recipient and gamete donor are unknown to each other at time of donation.
55-(7) "Gamete agency" means an oocyte or sperm donor matching
56-agency that: is located within or outside of Colorado and matches gamete
57-donors with recipients in or who are residents of, Colorado, and the
58-potential recipients and gamete donors are unknown to each other at time
59-of donation.
60-(a) MATCHES GAMETE DONORS WITH RECIPIENTS ; AND
61-(b) MATCHES THE POTENTIAL RECIPIENTS AND GAMETE DONORS WHO
62-ARE UNKNOWN TO EACH OTHER AT THE TIME OF THE DONATION
63-; AND
64-(c) (I) IS LOCATED WITHIN COLORADO; OR
65-(II) IS LOCATED OUTSIDE OF COLORADO AND MATCHES INTENDED
66-RECIPIENTS LOCATED IN
67-COLORADO DURING THE MATCHING PROCESS WITH
68-GAMETE DONORS
69-.
70-PAGE 2-SENATE BILL 24-223 (9) "Gamete bank" means an entity or organization that:
71-(a) Collects gametes from a donor or receives embryos; and
72-(b) Provides gametes or embryos to a recipient parent or parents or
73-the recipient parent's medical provider when the recipient and donor are
74-unknown to each other at time of donation; and
75-(c) (I) that
76- Is located within or outside of Colorado; OR
77-(II) IS LOCATED OUTSIDE OF COLORADO and provides gametes or
85+LOCATED IN7
86+C
87+OLORADO that performs assisted reproduction medical procedures and8
88+receives donor gametes for a recipient in
89+ or who is a resident of,9
90+Colorado, and the recipient and gamete donor are unknown to each other10
91+at time of donation.11
92+(7) "Gamete agency" means an oocyte or sperm donor matching12
93+agency that: is located within or outside of Colorado and matches gamete13
94+donors with recipients in or who are residents of, Colorado, and the14
95+potential recipients and gamete donors are unknown to each other at time15
96+of donation.16
97+(a) M
98+ATCHES GAMETE DONORS WITH RECIPIENTS ; AND17
99+(b) M
100+ATCHES THE
101+ POTENTIAL RECIPIENTS AND GAMETE DONORS18
102+WHO ARE UNKNOWN TO EACH OTHER AT THE TIME OF THE DONATION ; AND19
103+(c) (I) I
104+S LOCATED WITHIN COLORADO; OR20
105+(II) I
106+S LOCATED OUTSIDE OF COLORADO AND MATCHES INTENDED
107+21
108+RECIPIENTS LOCATED IN COLORADO DURING THE MATCHING PROCESS WITH22
109+GAMETE DONORS.23
110+(9) "Gamete bank" means an entity or organization that:24
111+(a) Collects gametes from a donor or receives embryos; and25
112+(b) Provides gametes or embryos to a recipient parent or parents26
113+or the recipient parent's medical provider when the recipient and donor27
114+223
115+-3- are unknown to each other at time of donation; and1
116+(c) (I) that Is located within or outside of Colorado; OR2
117+(II) I
118+S LOCATED OUTSIDE OF COLORADO and provides gametes or3
78119 embryos to a recipient parent or parents
79-LOCATED in or who are residents of,Colorado.
80-(11) "Matches" or "matches gametes" means the process of
81-matching a donor with a recipient in or who is a resident of, Colorado. A
120+LOCATED in or who are residents
121+4
122+of, Colorado.5
123+(11) "Matches" or "matches gametes" means the process of6
124+matching a donor with a recipient in or who is a resident of, Colorado. A7
82125 "
83-MATCH" IS MADE BY A GAMETE AGENCY , AND A MATCH IS CONSIDERED
84-MADE WHEN AN INTENDED RECIPIENT PARENT SELECTS A SPECIFIC POTENTIAL
85-DONOR
86-, OR AGREES TO RECEIVE A SPECIFIC POTENTIAL DONOR 'S GAMETES,
87-PRIOR TO THE COLLECTION OF THE GAMETES .
88-SECTION 3. In Colorado Revised Statutes, 25-57-105, amend (4)
89-as follows:
90-25-57-105. Declaration regarding disclosure of identifying
91-information and medical history - applicability. (4) A gamete agency,
92-gamete bank, or fertility clinic located outside of Colorado shall not match
93-INTENDED RECIPIENTS LOCATED IN COLORADO WITH DONORS , or provide
94-gametes
95-TO A RECIPIENT PARENT OR PARENTS LOCATED IN COLORADO OR TO
96-THE RECIPIENT PARENT
97-'S MEDICAL PROVIDER LOCATED IN COLORADO, from
98-a donor who does not agree to the disclosure of the donor's identity as set
99-forth in subsection (2) of this section. to a recipient parent or parents located
100-in or who are residents of Colorado
101-SECTION 4. In Colorado Revised Statutes, 25-57-108, amend (4)
102-introductory portion as follows:
103-25-57-108. Written materials for recipient parents and gamete
104-donors. (4) A gamete agency, gamete bank, or fertility clinic located
105-outside of Colorado that either matches donors to or provides gametes or
106-embryos to recipients in or who are residents of,
107- Colorado shall:
108-PAGE 3-SENATE BILL 24-223 SECTION 5. In Colorado Revised Statutes, 25-57-110, amend (1)
109-and (3)(a)(I) as follows:
110-25-57-110. License required - application - inspection - issuance,
111-denial, suspension, or revocation - fees - civil penalties - rules. (1) On
112-or after January JULY 1, 2025, a gamete agency, gamete bank, or fertility
113-clinic shall not operate as a gamete agency, gamete bank, or fertility clinic
114-in Colorado, or match or provide gametes or embryos to recipients in
115-Colorado, without having first obtained a license from the department. Such
116-THE license is conditioned on compliance with the applicable standards,
117-requirements, and other provisions of this article 57 and its implementing
118-rules.
119-(3) (a) (I) The department shall investigate and review each original
120-application and each renewal application for a license to operate as a
121-gamete agency, gamete bank, or fertility clinic. T
122-HE DEPARTMENT SHALL
123-REQUIRE ALL APPLICANTS TO SUBMIT INFORMATION IN THE ORIGINAL AND
124-RENEWAL APPLICATION PROCESS TO DOCUMENT COMPLIANCE WITH
125-LICENSING REQUIREMENTS
126-. SUBJECT TO AVAILABLE APPROPRIATIONS , THE
127-DEPARTMENT MAY
128-, AS IT DEEMS NECESSARY, PERFORM ON-SITE INSPECTIONS
129-OR COMPLAINT INVESTIGATIONS OF A GAMETE AGENCY
130-, GAMETE BANK, OR
131-FERTILITY CLINIC LOCATED OUTSIDE OF
132-COLORADO. The department shall
133-determine an applicant's compliance with this article 57, and the rules
134-adopted pursuant to this article 57, for the collection and provision of
135-gametes from donors who are unknown to a recipient at the time of the
136-donation before issuing a license.
126+MATCH" IS MADE BY A GAMETE AGENCY, AND A MATCH IS CONSIDERED8
127+MADE WHEN AN INTENDED RECIPIENT PARENT SELECTS A SPECIFIC9
128+POTENTIAL DONOR, OR AGREES TO RECEIVE A SPECIFIC POTENTIAL DONOR'S10
129+GAMETES, PRIOR TO THE COLLECTION OF THE GAMETES .11
130+SECTION 3. In Colorado Revised Statutes, 25-57-105, amend12
131+(4) as follows:13
132+25-57-105. Declaration regarding disclosure of identifying14
133+information and medical history - applicability. (4) A gamete agency,15
134+gamete bank, or fertility clinic located outside of Colorado shall not16
135+match
136+INTENDED RECIPIENTS LOCATED IN COLORADO WITH DONORS , or
137+17
138+provide gametes
139+TO A RECIPIENT PARENT OR PARENTS LOCATED IN
140+18
141+C
142+OLORADO OR TO THE RECIPIENT PARENT 'S MEDICAL PROVIDER LOCATED
143+19
144+IN COLORADO, from a donor who does not agree to the disclosure of the20
145+donor's identity as set forth in subsection (2) of this section. to a recipient21
146+parent or parents located in or who are residents of Colorado22
147+SECTION 4. In Colorado Revised Statutes, 25-57-108, amend23
148+(4) introductory portion as follows:24
149+25-57-108. Written materials for recipient parents and gamete25
150+donors. (4) A gamete agency, gamete bank, or fertility clinic located26
151+outside of Colorado that either matches donors to or provides gametes or27
152+223
153+-4- embryos to recipients in or who are residents of, Colorado shall:1
154+SECTION 5. In Colorado Revised Statutes, 25-57-110, amend2
155+(1) and (3)(a)(I) as follows:3
156+25-57-110. License required - application - inspection -4
157+issuance, denial, suspension, or revocation - fees - civil penalties -5
158+rules. (1) On or after January JULY 1, 2025, a gamete agency, gamete6
159+bank, or fertility clinic shall not operate as a gamete agency, gamete bank,7
160+or fertility clinic in Colorado, or match or provide gametes or embryos to8
161+recipients in Colorado, without having first obtained a license from the9
162+department. Such THE license is conditioned on compliance with the10
163+applicable standards, requirements, and other provisions of this article 5711
164+and its implementing rules.12
165+(3) (a) (I) The department shall investigate and review each13
166+original application and each renewal application for a license to operate14
167+as a gamete agency, gamete bank, or fertility clinic. T
168+HE DEPARTMENT15
169+SHALL REQUIRE ALL APPLICANTS TO SUBMIT INFORMATION IN THE16
170+ORIGINAL AND RENEWAL APPLICATION PROCESS TO DOCUMENT17
171+COMPLIANCE WITH LICENSING REQUIREMENTS . SUBJECT TO AVAILABLE18
172+APPROPRIATIONS, THE DEPARTMENT MAY , AS IT DEEMS NECESSARY ,19
173+PERFORM ON-SITE INSPECTIONS OR COMPLAINT INVESTIGATIONS OF A20
174+GAMETE AGENCY, GAMETE BANK, OR FERTILITY CLINIC LOCATED OUTSIDE21
175+OF COLORADO. The department shall determine an applicant's compliance22
176+with this article 57, and the rules adopted pursuant to this article 57, for23
177+the collection and provision of gametes from donors who are unknown to24
178+a recipient at the time of the donation before issuing a license.25
137179 SECTION 6. In Colorado Revised Statutes, amend 25-57-111 as
138-follows:
139-25-57-111. Rule-making authority. On or before July 1, 2024,
140-JANUARY 1, 2025, the state board shall promulgate any rules necessary to
141-implement this article 57. In promulgating rules, the state board shall
142-consider and protect the interests of donor-conceived persons and families
143-of donor-conceived persons, including lesbian, gay, bisexual, and
144-transgender parents and donor-conceived persons and single parents.
145-SECTION 7. In Colorado Revised Statutes, amend 25-57-112 as
146-follows:
147-25-57-112. Gamete agency, gamete bank, or fertility clinic fund
148-PAGE 4-SENATE BILL 24-223 - created - priorities - appropriation. (1) The gamete agency, gamete
149-bank, or fertility clinic fund, referred to in this section as the "fund", is
150-created in the state treasury. The fund consists of money credited to the fund
151-pursuant to section 25-57-110
152-AND ANY MONEY APPROPRIATED TO THE FUND
153-BY THE GENERAL ASSEMBLY
154-. The money in the fund is subject to annual
155-appropriation by the general assembly for the direct and indirect costs of the
156-department in performing its duties pursuant to this article 57. At the end of
157-any fiscal year, all unexpended and unencumbered money in the fund
158-remains in the fund and is not credited or transferred to the general fund or
159-any other fund.
180+26
181+follows:27
182+223
183+-5- 25-57-111. Rule-making authority. On or before July 1, 2024,1
184+J
185+ANUARY 1, 2025, the state board shall promulgate any rules necessary to
186+2
187+implement this article 57. In promulgating rules, the state board shall3
188+consider and protect the interests of donor-conceived persons and families4
189+of donor-conceived persons, including lesbian, gay, bisexual, and5
190+transgender parents and donor-conceived persons and single parents.6
191+SECTION 7. In Colorado Revised Statutes, amend 25-57-112 as7
192+follows:8
193+25-57-112. Gamete agency, gamete bank, or fertility clinic9
194+fund - created - priorities - appropriation. (1) The gamete agency,10
195+gamete bank, or fertility clinic fund, referred to in this section as the11
196+"fund", is created in the state treasury. The fund consists of money12
197+credited to the fund pursuant to section 25-57-110
198+AND ANY MONEY13
199+APPROPRIATED TO THE FUND BY THE GENERAL ASSEMBLY . The money in14
200+the fund is subject to annual appropriation by the general assembly for the15
201+direct and indirect costs of the department in performing its duties16
202+pursuant to this article 57. At the end of any fiscal year, all unexpended17
203+and unencumbered money in the fund remains in the fund and is not18
204+credited or transferred to the general fund or any other fund.19
160205 (2) T
161-HE DEPARTMENT SHALL PRIORITIZE THE USE OF MONEY IN THE
162-FUND FOR PROVIDING TECHNICAL AND COMPLIANCE ASSISTANCE AND
163-PROCESSING LICENSES
164-, YET RETAIN ADEQUATE RESOURCES FOR
165-ENFORCEMENT
166-.
206+HE DEPARTMENT SHALL PRIORITIZE THE USE OF MONEY IN THE20
207+FUND FOR PROVIDING TECHNICAL AND COMPLIANCE ASSISTANCE AND21
208+PROCESSING LICENSES, YET RETAIN ADEQUATE RESOURCES FOR22
209+ENFORCEMENT.23
167210 (3) B
168-EGINNING IN FISCAL YEAR 2025-26, THE GENERAL ASSEMBLY
169-SHALL ANNUALLY APPROPRIATE ONE HUNDRED TWENTY
170--FIVE THOUSAND
171-DOLLARS TO THE FUND
172-.
173-SECTION 8. Safety clause. The general assembly finds,
174-determines, and declares that this act is necessary for the immediate
175-preservation of the public peace, health, or safety or for appropriations for
176-PAGE 5-SENATE BILL 24-223 the support and maintenance of the departments of the state and state
177-institutions.
178-____________________________ ____________________________
179-Steve Fenberg Julie McCluskie
180-PRESIDENT OF SPEAKER OF THE HOUSE
181-THE SENATE OF REPRESENTATIVES
182-____________________________ ____________________________
183-Cindi L. Markwell Robin Jones
184-SECRETARY OF CHIEF CLERK OF THE HOUSE
185-THE SENATE OF REPRESENTATIVES
186- APPROVED________________________________________
187- (Date and Time)
188- _________________________________________
189- Jared S. Polis
190- GOVERNOR OF THE STATE OF COLORADO
191-PAGE 6-SENATE BILL 24-223
211+EGINNING IN FISCAL YEAR 2025-26, THE GENERAL ASSEMBLY24
212+SHALL ANNUALLY APPROPRIATE ONE HUNDRED TWENTY -FIVE THOUSAND
213+25
214+DOLLARS TO THE FUND.26
215+SECTION 8. Safety clause. The general assembly finds,27
216+223
217+-6- determines, and declares that this act is necessary for the immediate1
218+preservation of the public peace, health, or safety or for appropriations for2
219+the support and maintenance of the departments of the state and state3
220+institutions.4
221+223
222+-7-