Because my last post was all about the HB 2793 here in WA State focusing on Gestational Surrogacy among other issues, I wanted to share what other states are focusing on as far as reproductive rights, egg donation, embryo reporting requirements and agency guidelines, to name a few. If you live in one of the states listed below I encourage you to contact your Senators or House Representatives and put your two cents in. You are needed to make sure your rights and the rights of others are protected!
State Legislatures in Full Swing; ASRM Defends Reproductive Medicine
It is busy season in statehouses around the country and already a number of bills have been introduced, or are moving through the legislative process, and many are extremely problematic for the practice of reproductive medicine. Following is a summary of bills that ASRM is monitoring, working to modify, or in some cases actively opposing. We are alerting members in individual states when action on legislation is warranted.
AZ SB 1306 and HR 2651. Dictates information to be included as part of the informed consent process and prohibits the purchase, offer to purchase or advertisement for the purchase of human eggs, in effect denying Arizona residents a vital therapeutic family building option.
SB 1307 and HB 2652. Prohibits non therapeutic research on embryos that causes their injury, death or destruction and the creation of human/animal hybrid embryos.
ASRM sent letters of opposition to key members of the house and senate committees considering these bills, prior to a vote earlier this week. ASRM also sent an action alert to its Arizona members and worked in particular with Drs. Mark Johnson and Drew Moffit, who testified against the bills, and others who have provided good feedback. Unfortunately, though not surprisingly, the bills were approved along party line votes. ASRM and Drs. Johnson and Moffit are working to improve and oppose the bills.
FL S. 7062, the Florida Assisted Reproductive Technology Act. Defines an agency as any organization or individual who provides a database, matching or third party reproductive service, but of concern, does not require expertise, training, education, or licensure of any kind. Requires agencies to conduct mental health evaluations and criminal background checks on donors, gestational surrogates and intended parents every two years. Prohibits donors or gestational surrogates who are not US citizens or permanent residents.
ASRM sent letters expressing concern to key members of the senate committee reviewing the bill this week, as well as an alert to its Florida members urging calls to committee members to oppose the bill.
KS SB 509. Creates women's health and embryo monitoring program to collect and retain in “perpetuity” 70 data items, much of which are already collected and reported by the CDC. In addition, requires tracking all eggs retrieved, fertilized, transplanted, frozen, discarded, status of all embryos, number and type of fetal reductions, method for monitoring the health of patients even after they are no longer patients. Requires reporting of how clinics are paid. Those failing to report or falsely reporting risk felony charges.
ASRM will oppose this bill and is preparing to activate its Kansas members to do the same. We understand a hearing is tentatively scheduled for March 11.
MD S 19. Improves the existing infertility insurance requirement to reduce the two year wait period to one year.
In January, ASRM testified at a committee hearing in support of the legislation and has worked closely with the bill's sponsor to advance the legislation. However, costs associated with the change coupled with the state's budget constraints indicate a slim chance for enactment. Gilbert Mottla MD has worked closely with ASRM staff on this effort.
HB 281 and SB 585. Establishes a commission on surrogate parenting to evaluate the health and social well being of children born as a result of surrogacy. ASRM is not taking a position on the legislation at this time but monitoring developments with the help of Margaret Swain, Chair of ASRM's Legal Special Interest Group. Ms. Swain testified before a house committee this week as to the merits of the legislation and recommended composition of such a commission.
MI SB 647-652 and companion bills HB 5129-5134. Imposes duplicative and superfluous reporting requirements on ART practices. Requires tracking and reporting of all embryos. Standardizes informed consent for ART. Restricts important stem cell research which was approved last year by Michigan's citizens in a referendum.
ASRM sent action alerts to Michigan members on two occasions and is preparing a third in anticipation of a vote by the full Senate. The Senate bills have already been approved in committee. ASRM actively opposes these bills.
MO HB 1035. Requires group health insurance policies providing coverage for more than 25 employees to also cover the diagnosis and treatment of infertility, including up to four cycles of IVF.
ASRM corresponded with the bill's sponsor about possible improvements to this bill.
TN SB 2136 and HB 2159, the Embryo Donation and Adoption Act. Deems a child borne of donated embryos as having been adopted and grants the same legal protections without court action. Requires clinics to develop written contracts transferring ownership of embryos from donor to intended parents and to keep records for 21 years.
ASRM opposes this legislation and is actively monitoring its status.
If you learn of any legislation in your states please contact Sean Tipton, ASRM's Director of Public Affairs at stipton@asrm-dc.org or 202-863-2494.
Sharon LaMothe
Infertility Answers, Inc.
http://infertilityanswers.org/
LaMothe Services, LLC
http://lamotheservices.com/
*Please note: Sharon LaMothe is not a MD, is not an attorney nor does she hold a mental health degree. All advice given is solely the experienced opinion of Ms. LaMothe. If you have any medical, legal or psychological questions or concerns, please contact your own Doctor, Attorney or Mental Health Professional.
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