BILL NUMBER: SB 443	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Migden

                        FEBRUARY 21, 2007

   An act to amend Section 1644.5 of the Health and Safety Code,
relating to public health.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 443, as introduced, Migden. Tissue donors: sperm donors.
   Existing law prohibits the transfer of any tissues, as defined,
into the body of another person by means of transplantation, unless
the donor of the tissues has been screened and found nonreactive for
evidence of infection with HIV, agents of viral hepatitis (HBV and
HCV), human T lymphotrophic virus-1 (HTLV-1), and syphilis.
   Existing law provides an exception to this prohibition for
therapeutic insemination of sperm or use of sperm in other advanced
reproductive technologies if the sperm donor is found reactive for
hepatitis B, hepatitis C, or syphilis if the sperm donor is the
spouse of, partner of, or designated donor for that recipient.
   This bill would expand the exception to that prohibition for
therapeutic insemination of sperm or use of sperm in other advanced
reproductive technologies if the sperm donor is found reactive for
HIV or HTLV-1.
    The bill would authorize the use of sperm whose donor has tested
reactive for HIV or HTLV-1 for the purposes of insemination or
advanced reproductive technology only after the donor's sperm has
been effectively processed to minimize the infectiousness of the
sperm for that specific donation, where informed and mutual consent
has occurred, and where the sperm processing has been performed by a
facility recognized by the American Society of Reproductive Medicine.

   The bill would also require a physician, prior to insemination or
other advanced reproductive technology services, to perform
appropriate testing and only utilize sperm that has been found to be
free of HIV or HTLV-1. The bill would require such a physician
providing insemination or advanced reproductive technologies to
provide, as appropriate, prophylactic treatments available to the
recipient to reduce the risk of acquiring infection during and
subsequent to, insemination, and to perform appropriate followup
testing of the recipient for HIV or HTLV-1 following the insemination
or other advanced reproductive technology.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1644.5 of the Health and Safety Code is amended
to read:
   1644.5.  (a) No tissues shall be transferred into the body of
another person by means of transplantation, unless the donor of the
tissues has been screened and found nonreactive by laboratory tests
for evidence of infection with HIV, agents of viral hepatitis (HBV
and HCV), human T lymphotrophic virus-1 (HTLV-1), and syphilis  ,
except as provided in subdivision (c)  . The  state
 department may adopt regulations requiring additional
screening tests of donors or tissues when, in the opinion of the
state department, the action is necessary for the protection of the
public, donors, or recipients.
   (b) Notwithstanding subdivision (a), infectious disease screening
of blood and blood products shall be carried out solely in accordance
with Article 2 (commencing with Section 1601) of Chapter 4.
   (c) All donors of sperm shall be screened and found nonreactive as
required under subdivision (a), except in the following instances:
   (1) A recipient of sperm, from a sperm donor known to the
recipient, may waive a second or other repeat testing of that donor
if the recipient is informed of the requirements for testing donors
under this section and signs a written waiver.
   (2) A recipient of sperm may consent to therapeutic insemination
of sperm or use of sperm in other advanced reproductive technologies
even if the sperm donor is found reactive for hepatitis B, hepatitis
C,  or  syphilis  , HIV or HTLV-1  if the
sperm donor is the spouse of, partner of, or designated donor for
that recipient. The physician providing insemination or advanced
reproductive technology services shall advise the donor and recipient
of the potential medical risks associated with receiving sperm from
a reactive donor. The donor and the recipient shall sign a document
affirming that each comprehends the medical repercussions of using
sperm from a reactive donor for the proposed procedure and that each
consents to it. Copies of the document shall be placed in the medical
records of the donor and the recipient.
   (3)  (A)    Sperm whose donor has tested
reactive for syphilis may be used for the purposes of insemination or
advanced reproductive technology only after the donor has been
treated for syphilis. Sperm whose donor has tested reactive for
hepatitis B may be used for the purposes of insemination or advanced
reproductive technology only after the recipient has been vaccinated
against hepatitis B.
    (B)     Sperm whose donor has tested
reactive for HIV or HTLV-1 may be used for the purposes of
insemination or advanced reproductive technology for a recipient
testing negative for HIV or HTLV-1 only after the donor's sperm has
been effectively processed to minimize the infectiousness of the
sperm for that specific donation, where informed and mutual consent
has occurred, and where the sperm processing has been  
performed by a facility recognized by the American Society of
Reproductive Medicine. Prior to insemination or other advanced
reproductive technology services,   the physician shall
perform appropriate testing and only utilize sperm that has been
found to be free of HIV or HTLV-1. Additionally, the physician
providing insemination or advanced reproductive technology services
shall provide, as appropriate, prophylactic treatments available to
the recipient to reduce the risk of acquiring infection during, and
subsequent to, insemination. The physician shall also perform
appropriate followup testing of the recipient for HIV or HTLV-1
following the insemination or other advanced reproductive technology.
Sperm whose donor has tested reactive for HIV or HTLV-1 may be used
for the purposes of insemination or advanced reproductive technology
if the recipient already has been previously documented  
with HIV or HTLV-1 infection   , and where informed and
mutual   consent has occurred. 
   (d) Subdivision (a) shall not apply to the transplantation of
tissue from a donor who has not been tested or, with the exception of
HIV  and HTLV-1  , has been found reactive for the
infectious diseases listed in subdivision (a) or for which the
 state  department has, by regulation, required
additional screening tests, if both of the following conditions are
satisfied:
   (1) The physician and surgeon performing the transplantation has
determined any one or more of the following:
   (A) Without the transplantation the intended recipient will most
likely die during the period of time necessary to obtain other tissue
or to conduct the required tests.
   (B) The intended recipient already is diagnosed with the
infectious disease for which the donor has tested positive.
   (C) The symptoms from the infectious disease for which the donor
has tested positive will most likely not appear during the intended
recipient's likely lifespan after transplantation with the tissue or
may be treated prophylactically if they do appear. 
   (D) Where there is informed and mutual consent between the donor
and the recipient of donated sperm in cases of positive reactivity
for HIV or HTLV-1 in the donor. 
   (2) Consent for the use of the tissue has been obtained from the
recipient, if possible, or if not possible, from a member of the
recipient's family, or the recipient's legal guardian. For purposes
of this section, "family" shall mean spouse, adult son or daughter,
either parent, adult brother or sister, or grandparent.
   (e) Human breast milk from donors who test reactive for agents of
viral hepatitis (HBV and HCV), human T lymphotrophic virus-1
(HTLV-1), HIV, or syphilis shall not be used for deposit into a milk
bank for human ingestion in California.