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Colorado House Bill HB1259

Colorado 2025 Regular Session

Colorado House Bill HB1259 Compare Versions

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11 First Regular Session
22 Seventy-fifth General Assembly
33 STATE OF COLORADO
4-REENGROSSED
5-This Version Includes All Amendments
6-Adopted in the House of Introduction
4+ENGROSSED
5+This Version Includes All Amendments Adopted
6+on Second Reading in the House of Introduction
77 LLS NO. 25-0120.02 Owen Hatch x2698
88 HOUSE BILL 25-1259
99 House Committees Senate Committees
1010 Health & Human Services
1111 Appropriations
1212 A BILL FOR AN ACT
1313 C
1414 ONCERNING ASSISTED REPRODUCTION , AND, IN CONNECTION101
1515 THEREWITH, ADOPTING IN VITRO FERTILIZATION AND OTHER102
1616 ASSISTED REPRODUCTION AND FERTILITY PROTECTIONS AND103
1717 ELIMINATING OTHER ADMINISTRATIVE REQUIREMENTS .104
1818 Bill Summary
1919 (Note: This summary applies to this bill as introduced and does
2020 not reflect any amendments that may be subsequently adopted. If this bill
2121 passes third reading in the house of introduction, a bill summary that
2222 applies to the reengrossed version of this bill will be available at
2323 http://leg.colorado.gov
2424 .)
2525 The bill adds statutory protections for in vitro fertilization and
2626 other assisted reproductive procedures.
2727 Current law requires gamete banks and fertility clinics (donor
2828 HOUSE
29-3rd Reading Unamended
30-April 21, 2025
31-HOUSE
3229 Amended 2nd Reading
3330 April 17, 2025
3431 HOUSE SPONSORSHIP
35-Froelich and Brown, Boesenecker, Clifford, Lindsay, Willford, Woodrow
32+Froelich and Brown,
3633 SENATE SPONSORSHIP
3734 Cutter and Daugherty,
3835 Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
3936 Capital letters or bold & italic numbers indicate new material to be added to existing law.
4037 Dashes through the words or numbers indicate deletions from existing law. banks) to maintain donor identifying information and update it every 3
4138 years. The bill requires donor banks to collect identifying information and
4239 medical history from the gamete donor only at the initial donation.
4340 Current law prohibits donor banks from prohibiting an adult
4441 donor-conceived person from communicating about the gamete donor
4542 with the donor-conceived person's friends, family, or other third parties.
4643 The bill eliminates that prohibition.
4744 The bill repeals certain provisions relating to gamete donor record
4845 stewardship in the event of donor bank dissolution, bankruptcy, or
4946 insolvency and eliminates the requirement that donor banks inform a
5047 recipient parent about future implications about a gamete donor's medical
5148 history or other persons conceived using the same gamete donor.
5249 Current law requires the department of public health and
5350 environment (department) to draft written materials that must be provided
5451 to individuals prior to donating or receiving gametes. The bill removes
5552 the responsibility from the department and requires donor banks to create
5653 the materials.
5754 Current law requires donor recipients to update and inform donor
5855 banks regarding live births using donated gametes. The bill allows donor
5956 banks to only recommend this step to recipients of donor gametes.
6057 Donor bank licensure renewal is extended from annually to once
6158 every 5 years. The requirement that the department investigate donor
6259 banks outside the state of Colorado is eliminated, and the fine for donor
6360 banks that are out of compliance is modified from an automatic $20,000
6461 per-day fine to a fine to be determined by the state board of health.
6562 Be it enacted by the General Assembly of the State of Colorado:1
6663 SECTION 1. Short title. The short title of this act is the2
6764 "Reducing Barriers to Building Families Act".3
6865 SECTION 2. Legislative declaration. (1) The general assembly4
6966 finds that:5
7067 (a) On February 16, 2024, the Alabama supreme court ruled that6
7168 embryos formed through in vitro fertilization, or IVF, are considered7
7269 children under the state's "Wrongful Death of a Minor Act";8
7370 (b) The court's 131-page opinion held that the act applies to all9
7471 unborn children, regardless of their location. The chief justice of Alabama10
7572 quoted the Bible and stated that embryos are children in cryogenic11
7673 1259-2- nurseries. The result was that medical professionals performing IVF could1
7774 be legally prosecuted for manslaughter if an embryo was destroyed.2
7875 (c) The ruling raised great concerns about the impact on, in3
7976 particular, provision of women's health-care services, fertility care for all4
8077 individuals, and assisted reproductive technologies. Many legal and5
8178 medical experts across the country, including in Colorado, believe the6
8279 ruling, in ways similar to what has happened in Alabama, will interfere7
8380 nationwide with women's access to medical care, including necessary8
8481 medical care following miscarriages; will make it difficult for people to9
8582 undergo fertility care, including IVF and embryo transfer; could end or10
8683 severely limit IVF medical treatments; and could interfere with11
8784 individuals even transferring their embryos to clinics outside of our state.12
8885 (d) After the ruling, IVF clinics in Alabama ceased providing13
8986 infertility medical services and also ceased transferring embryos owned14
9087 by their patients to clinics outside of Alabama due to potential legal and15
9188 felony risks if an embryo was inadvertently destroyed.16
9289 (2) (a) The Alabama ruling, coupled with new, intrusive, and17
9390 difficult-to-implement requirements for gamete donation, has had18
9491 negative impacts on people seeking fertility treatments in Colorado.19
9592 (b) Colorado has been recognized for decades as a medical20
9693 destination for those seeking sophisticated and cutting-edge medical care21
9794 for infertility. Colorado's fertility clinics are highly respected; the state's22
9895 medical practitioners are known as pioneers in assisted reproductive23
9996 technologies, or ART medical care; and Colorado continues to advance24
10097 and provide top-notch ART fertility care.25
10198 (c) Equally matching its sophisticated ART medical care,26
10299 Colorado also ranks highly among all states due to its progressive laws27
103100 1259
104101 -3- and legal protections for children born through assisted reproductive1
105102 technologies, laws that ensure donors of gametes (ova and sperm) and2
106103 embryos are not considered legal parents of any resulting children, and3
107104 the laws protect the parental rights of parents whose children are born4
108105 through ART, including through donated gametes and surrogacy.5
109106 Children born through ART in Colorado legally are able to know who6
110107 their parents are from the moment of birth, and potential parents are7
111108 likewise safeguarded due to Colorado's protections, including not8
112109 requiring a genetic relationship between parent and child and not9
113110 requiring parents to be married, and including opposite gender10
114111 individuals' access to ART, making Colorado a top choice for domestic11
115112 and international individuals seeking assisted reproduction medical care12
116113 treatment options.13
117114 (3) Therefore, the general assembly declares that:14
118115 (a) Colorado should remain a world-class destination for all15
119116 people who want to start a family, providing safe, cutting-edge medical16
120117 care for individuals in need of those services;17
121118 (b) It is also important to keep the transparency and rules around18
122119 disclosure in order to address the concerns of donor-conceived19
123120 individuals while preserving the whole ecosystem of Colorado's20
124121 world-class assisted reproduction technologies, infertility medical care21
125122 options, and gamete donation medical environment; and22
126123 (c) Recent legislation in Colorado has been challenging to23
127124 implement and has had a chilling effect on donations, as individuals are24
128125 daunted by the invasive reporting requirements. This act seeks to25
129126 streamline implementation of the provisions of the "Donor-Conceived26
130127 Persons Protection Act" while preserving the important transparency and27
131128 1259
132129 -4- reporting requirements.1
133130 SECTION 3. In Colorado Revised Statutes, add 25-57-113 as2
134131 follows:3
135132 25-57-113. Reproductive health care - fertility treatment -4
136133 protections - definitions. (1) A
137134 S USED IN THIS SECTION, UNLESS THE5
138135 CONTEXT OTHERWISE REQUIRES :6
139136 (a) "F
140137 ERTILITY TREATMENT" MEANS ANY TEST, PROCEDURE,7
141138 MEDICATION, SURGERY, OR SERVICE TO DIAGNOSE, ENHANCE, OR ASSIST8
142139 AN INDIVIDUAL'S ABILITY TO REPRODUCE OR ACHIEVE PREGNANCY ,9
143140 INCLUDING, BUT NOT LIMITED TO:10
144141 (I) I
145142 N VITRO FERTILIZATION;11
146143 (II) I
147144 NTRAUTERINE INSEMINATION ;12
148145 (III) O
149146 VULATION INDUCTION;13
150147 (IV) T
151148 ESTICULAR OR OVARIAN BIOPSY;14
152149 (V) E
153150 MBRYO BIOPSY;15
154151 (VI) C
155152 RYOPRESERVATION AND T HAWING OF GAMETES AND16
156153 EMBRYOS;17
157154 (VII) C
158155 RYOPRESERVATION OF TESTICULAR AND OVARIAN TISSUE ;18
159156 (VIII) S
160157 TORAGE, DONATION, OR DISPOSAL OF GAMETES, EMBRYOS,19
161158 OR REPRODUCTIVE TISSUE;20
162159 (IX) P
163160 RE-IMPLANTATION GENETIC TESTING , OR ANY OTHER21
164161 MEDICAL SCREENING OR EVALUATION OF EMBRYOS OR GAMETES ;22
165162 (X) D
166163 ONATION OF SPERM OR EGGS; AND23
167164 (XI) S
168165 URROGACY.24
169166 (b) "R
170167 EPRODUCTIVE HEALTH CARE " MEANS, BUT IS NOT LIMITED25
171168 TO:26
172169 (I) F
173170 AMILY PLANNING;27
174171 1259
175172 -5- (II) CONTRACEPTION;1
176173 (III) S
177174 TERILIZATION;2
178175 (IV) P
179176 RE-CONCEPTION CARE;3
180177 (V) M
181178 ATERNITY CARE;4
182179 (VI) P
183180 OSTPARTUM CARE;5
184181 (VII) A
185182 BORTION CARE;6
186183 (VIII) E
187184 MERGENCY CONTRACEPTION ;7
188185 (IX) F
189186 ERTILITY SERVICES;8
190187 (X) C
191188 OUNSELING REGARDING REPRODUCTIVE HEALTH CARE ; AND9
192189 (XI) R
193190 EFERRAL SERVICES REGARDING REPRODUCTIVE HEALTH10
194191 CARE.11
195192 (2) EVERY INDIVIDUAL HAS A RIGHT TO MAKE AUTONOMOUS12
196193 DECISIONS ABOUT THE INDIVIDUAL'S OWN REPRODUCTIVE HEALTH,13
197194 INCLUDING THE RIGHT TO USE OR REFUSE REPRODUCTIVE HEALTHCARE,14
198195 INCLUDING THE RIGHT TO USE GAMETES AND EMBRYOS , DESTROY15
199196 GAMETES AND EMBRYOS, AND INCLUDING THE RIGHT TO DONATE GAMETES16
200197 AND EMBRYOS TO THIRD PARTIES FOR PROCREATION OR RESEARCH .17
201198 (3) T
202199 HE STATE AND LOCAL GOVERNMENTS SHALL NOT INTERFERE18
203200 WITH OR RESTRICT A PHYSICIAN OR LICENSED MEDICAL PROVIDER 'S19
204201 ABILITY TO PROVIDE REPRODUCTIVE HEALTH CARE , AS DEFINED IN THIS20
205202 SECTION.21
206203 (4) I
207204 T IS CONTRARY TO THE PUBLIC POLICY OF THIS STATE TO22
208205 PERMIT AN INDIVIDUAL TO BRING A CIVIL OR CRIMINAL ACTION23
209206 AUTHORIZED IN ANOTHER STATE AGAINST AN INDIVIDUAL IN THIS STATE24
210207 FOR ENGAGING OR ATTEMPTING TO ENGAGE IN THE FOLLOWING CONDUCT :25
211208 (a) T
212209 ERMINATING OR SEEKING TO TERMINATE A PREGNANCY ;26
213210 (b) P
214211 ERFORMING OR INDUCING THE TERMINATION OF A27
215212 1259
216213 -6- PREGNANCY;1
217214 (c) K
218215 NOWINGLY ENGAGING IN CONDUCT THAT AIDS OR ABETS THE2
219216 PERFORMANCE OR INDUCEMENT OF THE TERMINATION OF PREGNANCY ;3
220217 (d) P
221218 ROVIDING REPRODUCTIVE HEALTH CARE , AS DEFINED IN THIS4
222219 SECTION; OR5
223220 (e) P
224221 ROVIDING FERTILITY TREATMENT , AS DEFINED IN THIS6
225222 SECTION.7
226223 SECTION 4. In Colorado Revised Statutes, 25-57-104, amend8
227224 (1); and add (1.5) as follows:9
228225 25-57-104. Collection of identifying information and medical10
229226 history - applicability. (1) Except as provided in subsection (3) of this11
230227 section, a gamete agency, gamete bank, or fertility clinic that collects12
231228 gametes from a donor or matches a donor with a recipient shall collect the13
232229 donor's identifying information and medical history. and shall make a14
233230 good faith effort to maintain current contact information and updates on15
234231 the medical history of the donor by requesting updates from the donor at16
235232 least once every three years.17
236233 (1.5) (a) A GAMETE AGENCY, GAMETE BANK, OR FERTILITY CLINIC18
237234 SHALL ENCOURAGE A DONOR TO INFORM THE GAMETE AGENCY, GAMETE19
238235 BANK, OR FERTILITY CLINIC OF SIGNIFICANT MEDICAL HISTORY UPDATES.20
239236 (b) A GAMETE AGENCY, GAMETE BANK, OR FERTILITY CLINIC21
240237 SHALL DOCUMENT A DONOR'S OR RECIPIENT PARENT'S REPORT OF ANY22
241238 SIGNIFICANT MEDICAL HISTORY UPDATES, AND THE INFORMATION SHALL23
242239 BE RETAINED AS PART OF THE RECORDS REFERENCED IN SECTION24
243240 25-57-107.25
244241 (c) A GAMETE AGENCY, GAMETE BANK, OR FERTILITY CLINIC SHALL26
245242 DOCUMENT A DONOR OR RECIPIENT PARENT'S REPORT OF SIGNIFICANT27
246243 1259
247244 -7- MEDICAL HISTORY UPDATES.1
248245 (d) A GAMETE AGENCY, GAMETE BANK, OR FERTILITY CLINIC2
249246 SHALL DISSEMINATE NOTICE OF SIGNIFICANT MEDICAL HISTORY UPDATES3
250247 TO OTHER RECIPIENTS OF THE DONOR'S GAMETES, IN ACCORDANCE WITH4
251248 THE GUIDELINES FROM THE AMERICAN SOCIETY FOR REPRODUCTIVE5
252249 MEDICINE.6
253250 SECTION 5. In Colorado Revised Statutes, 25-57-106, amend7
254251 (1) as follows:8
255252 25-57-106. Disclosure of identifying information and medical9
256253 history - applicability. (1) Except as provided in subsection (4) of this10
257254 section, upon the request of a donor-conceived person who is eighteen11
258255 years of age or older, a gamete agency, gamete bank, or fertility clinic that12
259256 matched or collected the gametes used in the assisted reproduction of13
260257 such THE donor-conceived person shall provide the donor-conceived14
261258 person with the identifying information of the donor who provided the15
262259 gametes or embryo. A gamete agency, gamete bank, or fertility clinic16
263260 shall not impede or prohibit compliance with this section or17
264261 communication between:18
265262 (a) An adult donor-conceived person and the donor whose19
266263 gametes were used to conceive the donor-conceived person; or20
267264 (b) An adult donor-conceived person and the person's friends,21
268265 family, or other third parties about the donor whose gametes were used22
269266 to conceive the donor-conceived person. THE DONOR-CONCEIVED PERSON23
270267 HAS THE RIGHT, IN ACCORDANCE WITH RELEVANT LAWS, TO CONTACT THE24
271268 DONOR. THE DONOR HAS A RIGHT TO RESPOND, ENGAGE, OR DECLINE25
272269 CONTACT AND COMMUNICATION .26
273270 (c) A GAMETE AGENCY, GAMETE BANK, OR FERTILITY CLINIC IS27
274271 1259
275272 -8- ENCOURAGED TO PROVIDE INFORMATION TO A DONOR-CONCEIVED PERSON1
276273 REGARDING THE PHYSICAL AND EMOTIONAL RISKS ASSOCIATED WITH2
277274 PUBLICLY RELEASING A DONOR'S PRIVATE AND SENSITIVE INFORMATION.3
278275 SECTION 6. In Colorado Revised Statutes, 25-57-107, amend4
279276 (1) introductory portion and (2); and repeal (3), (4), (5), (6), and (7) as5
280277 follows:6
281278 25-57-107. Record keeping. (1) Except as provided in subsection7
282279 (6) of this section, A gamete agency, gamete bank, or fertility clinic shall8
283280 permanently maintain:9
284281 (2) A gamete agency, gamete bank, or fertility clinic that receives10
285282 gametes or embryos from another gamete agency, gamete bank, or11
286283 fertility clinic shall permanently maintain the name, address, telephone12
287284 number, and e-mail address of the gamete agency, gamete bank, or13
288285 fertility clinic from which it received the gametes or embryos. A gamete14
289286 bank or fertility clinic that collected gametes from a donor who was15
290287 matched with a recipient by a gamete agency that is a separate entity shall16
291288 permanently maintain the name, address, telephone number, and e-mail17
292289 address of the gamete agency that matched the donor and the recipient. A18
293290 GAMETE AGENCY, GAMETE BANK, OR FERTILITY CLINIC SHALL CREATE A19
294291 PLAN TO PERMANENTLY MAINTAIN THE INFORMATION AS REQUIRED BY20
295292 THIS SECTION, INCLUDING IN THE CASE OF DISSOLUTION, INSOLVENCY, OR21
296293 BANKRUPTCY, AND SHALL MAKE THE PLAN AVAILABLE FOR INSPECTION22
297294 UPON REQUEST BY THE DEPARTMENT .23
298295 (3) Except as provided in subsection (6) of this section, in its24
299296 application for a license pursuant to section 25-57-110, a gamete agency,25
300297 gamete bank, or fertility clinic shall submit a proposed plan to26
301298 permanently maintain the records described in subsections (1) and (2) of27
302299 1259
303300 -9- this section in the event of dissolution, insolvency, or bankruptcy. The1
304301 plan may include identification of a named entity to receive or maintain2
305302 the records, obtaining a surety bond in favor of a third party in an amount3
306303 sufficient to cover the costs of permanent record keeping, an obligation4
307304 to condition any sale on the acquiring entity's obligation to maintain5
308305 records consistent with this section, or similar methods. The department6
309306 shall not issue a license pursuant to section 25-57-110 until it approves a7
310307 plan that it finds sufficient to ensure that the records will be permanently8
311308 maintained by a viable entity.9
312309 (4) Except as provided in subsection (6) of this section, upon10
313310 dissolution, insolvency, or bankruptcy, a gamete agency, gamete bank, or11
314311 fertility clinic shall:12
315312 (a) Implement the plan approved by the department pursuant to13
316313 subsection (3) of this section;14
317314 (b) File with the department a statement providing the name and15
318315 contact information of the successor entity, if any, that will receive and16
319316 maintain the records described in subsections (1) and (2) of this section;17
320317 and18
321318 (c) Inform by mail and electronic mail sent to the last-known19
322319 address on file all gamete donors whose gametes were collected, matched,20
323320 or received by the gamete agency, gamete bank, or fertility clinic, as well21
324321 as recipient parents who received gametes or embryos from the gamete22
325322 agency, gamete bank, or fertility clinic and reported a pregnancy or live23
326323 birth, the name and contact information of the successor entity that will24
327324 receive and maintain the records described in subsections (1) and (2) of25
328325 this section.26
329326 (5) A gamete agency, gamete bank, or fertility clinic shall comply27
330327 1259
331328 -10- with reporting requirements about gamete screening and testing in1
332329 accordance with federal law and applicable laws of this state other than2
333330 those set forth in this article 57.3
334331 (6) A gamete bank or fertility clinic that collects gametes from a4
335332 donor who was matched with a recipient by a gamete agency that is a5
336333 separate entity is not subject to the requirements of subsection (1), (3), or6
337334 (4) of this section.7
338335 (7) (a) Subsection (2) of this section applies only to gametes or8
339336 embryos matched or received on or after July 1, 2024.9
340337 (b) Subsections (1), (3), and (4) of this section apply only to10
341338 gametes matched or collected on or after January 1, 2025, for use by a11
342339 recipient parent or parents who are unknown to the donor at the time of12
343340 the donation.13
344341 SECTION 7. In Colorado Revised Statutes, 25-57-108, amend14
345342 (1) introductory portion, (2) introductory portion, and (4) introductory15
346343 portion; and add (5) as follows:16
347344 25-57-108. Written materials for recipient parents and gamete17
348345 donors. (1) On or before January 1, 2025, the department shall MAY18
349346 develop written materials for intended recipient parents. The department19
350347 shall MAY develop the materials in conjunction with licensed mental20
351348 health professionals who have prior documented experience counseling21
352349 gamete donors, recipients, and donor-conceived persons, as well as22
353350 experience and competency in counseling families with lesbian, gay,23
354351 bisexual, and transgender parents and single parents, along with24
355352 organizations representing these communities. THE DEPARTMENT SHALL25
356353 POST THE WRITTEN MATERIAL ON ITS WEBSITE , WHICH IS DEEMED26
357354 SUFFICIENT TO MEET THE REQUIREMENTS IN SUBSECTIONS (3) AND (4) OF27
358355 1259
359356 -11- THIS SECTION. GAMETE AGENCIES, GAMETE BANKS, AND FERTILITY CLINICS1
360357 ARE NOT REQUIRED TO USE THE WRITTEN MATERIALS DEVELOPED BY THE2
361358 DEPARTMENT. The materials must include information on the following3
362359 subjects:4
363360 (2) On or before January 1, 2025, the department shall MAY5
364361 develop written materials for gamete donors. The department shall6
365362 develop the materials in conjunction with licensed mental health7
366363 professionals who have prior documented experience counseling gamete8
367364 donors, recipients, and donor-conceived persons, as well as experience9
368365 and competency in counseling families with lesbian, gay, bisexual, and10
369366 transgender parents and single parents, along with organizations11
370367 representing these communities. THE DEPARTMENT SHALL POST THE12
371368 WRITTEN MATERIAL ON ITS WEBSITE, WHICH IS DEEMED SUFFICIENT TO13
372369 MEET THE REQUIREMENTS IN SUBSECTIONS (3) AND (4) OF THIS SECTION.14
373370 GAMETE AGENCIES, GAMETE BANKS, AND FERTILITY CLINICS ARE NOT15
374371 REQUIRED TO USE THE WRITTEN MATERIALS DEVELOPED BY THE16
375372 DEPARTMENT. The materials must include information on the following17
376373 subjects:18
377374 (4) A gamete agency, gamete bank, or fertility clinic located19
378375 outside of Colorado that either matches donors to or provides AN20
379376 INDIVIDUAL WHO EITHER MATCHES DONORS OR PROVIDES gametes or21
380377 embryos to recipients in Colorado shall:22
381378 (5) A GAMETE AGENCY, GAMETE BANK, OR FERTILITY CLINIC23
382379 SHALL DEVELOP WRITTEN MATERIALS TO BE SHARED WITH INTENDED24
383380 RECIPIENT PARENTS AND GAMETE DONORS BASED ON GUIDELINES FOR25
384381 PSYCHOEDUCATIONAL COUNSELING PUBLISHED BY THE AMERICAN26
385382 SOCIETY OF REPRODUCTIVE MEDICINE.27
386383 1259
387384 -12- SECTION 8. In Colorado Revised Statutes, 25-57-109, amend1
388385 (1)(a); and add (1)(c) as follows:2
389386 25-57-109. Donor age limits - limits on number of families per3
390387 donor - restriction on dissemination of gametes - limits on4
391388 egg-retrieval cycles per ovum donor - rules - applicability.5
392389 (1) (a) Except as provided in subsection (4) of this section, a gamete6
393390 agency, gamete bank, or fertility clinic shall make a good faith effort to7
394391 determine how many families are established with gametes matched or8
395392 provided by the gamete agency, gamete bank, or fertility clinic from each9
396393 donor by conducting sufficient record-keeping, requiring recipients as a10
397394 condition of receiving donor gametes, to provide information on live11
398395 births, and requesting information from recipients on live births, and12
399396 using industry best practices, including methods or processes to account13
400397 for the number or percentage of live births that are likely not reported,14
401398 such as the correlation between the number of units of donor gametes sold15
402399 or released and the resulting live births. A gamete agency, gamete bank,16
403400 or fertility clinic shall not match or provide gametes from a donor to17
404401 additional families once the gamete agency, gamete bank, or fertility18
405402 clinic has record of or should reasonably know that twenty-five families19
406403 have been established using a single donor's gametes in or outside of20
407404 Colorado, with no limit on the number of children conceived by each of21
408405 the families, unless the donor requests, and the gamete agency, gamete22
409406 bank, or fertility clinic agrees to, a lower limit on the number of families.23
410407 This limit does not include any children conceived by the donor as a24
411408 parent or children conceived with the donor's gametes when the donor is25
412409 known to the recipient parent or parents at the time of the donation. This26
413410 limit does not include donations of embryos from one family to another27
414411 1259
415412 -13- family.1
416413 (c) A GAMETE AGENCY, GAMETE BANK, OR FERTILITY CLINIC SHALL2
417414 NOT DISSEMINATE A DONOR'S GAMETES TO ANY ADDITIONAL RECIPIENTS3
418415 WITHOUT THE RECIPIENT'S INFORMED WRITTEN CONSENT IF THE DONOR4
419416 INFORMS THE GAMETE AGENCY, GAMETE BANK, OR FERTILITY CLINIC THAT5
420417 THE DONOR EXPERIENCED SIGNIFICANT MEDICAL HISTORY UPDATES .6
421418 SECTION 9. In Colorado Revised Statutes, 25-57-110, amend7
422419 (2)(a) and (3)(a)(I); and repeal (3)(a)(III) as follows:8
423420 25-57-110. License required - application - inspection -9
424421 issuance, denial, suspension, or revocation - fees - civil penalties -10
425422 rules. (2) (a) A gamete agency, gamete bank, or fertility clinic shall11
426423 submit an annual application and fee EVERY TWO YEARS for a license to12
427424 operate on the form and in the manner prescribed by the department. THE13
428425 DEPARTMENT MAY ADOPT A RULE TO EXTEND THE PERIOD OF LICENSURE14
429426 UP TO FIVE YEARS IF THE DEPARTMENT DETERMINES THE CHANGE TO BE15
430427 APPROPRIATE AND IN THE PUBLIC INTEREST.16
431428 (3) (a) (I) The department shall investigate and review each17
432429 original application and each renewal application for a license to operate18
433430 as a gamete agency, gamete bank, or fertility clinic. The department shall19
434431 require all applicants to submit information in the original and renewal20
435432 application process to document compliance with licensing requirements.21
436433 Subject to available appropriations, the department may, as it deems22
437434 necessary, perform on-site inspections or complaint investigations of a23
438435 gamete agency, gamete bank, or fertility clinic located outside of24
439436 Colorado. The department shall determine an applicant's compliance with25
440437 this article 57, and the rules adopted pursuant to this article 57, for the26
441438 collection and provision of gametes from donors who are unknown to a27
442439 1259
443440 -14- recipient at the time of the donation before issuing a license.1
444441 (III) When investigating or reviewing the records of a gamete2
445442 agency, gamete bank, or fertility clinic located outside of Colorado, the3
446443 department shall investigate and review only the records pertaining to4
447444 donors whose gametes or embryos were matched or provided to recipients5
448445 in Colorado.6
449446 7
450447 SECTION 10. Safety clause. The general assembly finds,8
451448 determines, and declares that this act is necessary for the immediate9
452449 preservation of the public peace, health, or safety or for appropriations for10
453450 the support and maintenance of the departments of the state and state11
454451 institutions.12
455452 1259
456453 -15-