This bill modifies regulations around in vitro fertilization (IVF), gamete donation, and fertility clinics in Colorado. It introduces statutory protections for assisted reproductive procedures while also reducing regulatory burdens on donor banks and fertility clinics.
Key Changes in the Bill:1. Adjustments to Donor Record-Keeping:
Current Law: Gamete banks and fertility clinics must update donor information every 3 years.
Bill Change: Clinics only need to collect donor information and medical history at the time of the initial donation—no updates required.
2. Communication About Donors:
Current Law: Donor-conceived adults cannot be prohibited from discussing their donor with others.
Bill Change: This restriction is removed, meaning clinics and donor banks could place limits on how donor information is shared.
3. Gamete Donor Records & Medical History:
Current Law: If a donor bank closes, goes bankrupt, or dissolves, there are rules for what happens to donor records.
Bill Change: These rules are eliminated, meaning no legal requirement for donor records to be preserved in such cases.
Current Law: Donor banks must inform recipient parents about future medical implications or the existence of other donor-conceived individuals from the same donor.
Bill Change: This requirement is eliminated—donor banks are no longer responsible for providing this information.
4. Responsibility for Informational Materials:
Current Law: The Department of Public Health and Environment must create written materials for gamete donors and recipients.
Bill Change: Donor banks (not the state) will now be responsible for creating and providing these materials.
5. Reporting of Births from Donor Gametes:
Current Law: Donor recipients must report live births to donor banks.
Bill Change: Reporting is now optional—donor banks can only recommend that recipients report births.
6. Licensing & Fines for Donor Banks:
Current Law: Donor banks must renew their licenses annually and the state investigates out-of-state donor banks.
Bill Change:
License renewals are now every 5 years instead of annually.
The state will no longer investigate out-of-state donor banks.
Fines for noncompliance are changed from an automatic $20,000 per day to a fine determined by the State Board of Health.
This bill makes significant changes that decrease regulatory oversight while still protecting access to assisted reproductive services in Colorado.
Summary
The bill adds statutory protections for in vitro fertilization and
other assisted reproductive procedures.
Current law requires gamete banks and fertility clinics (donor banks) to maintain donor identifying information and update it every 3 years. The bill requires donor banks to collect identifying information and medical history from the gamete donor only at the initial donation.
Current law prohibits donor banks from prohibiting an adult
donor-conceived person from communicating about the gamete donor with the donor-conceived person's friends, family, or other third parties. The bill eliminates that prohibition.
The bill repeals certain provisions relating to gamete donor record
stewardship in the event of donor bank dissolution, bankruptcy, or insolvency and eliminates the requirement that donor banks inform a recipient parent about future implications about a gamete donor's medical history or other persons conceived using the same gamete donor.
Current law requires the department of public health and
environment (department) to draft written materials that must be provided to individuals prior to donating or receiving gametes. The bill removes the responsibility from the department and requires donor banks to create the materials.
Current law requires donor recipients to update and inform donor
banks regarding live births using donated gametes. The bill allows donor banks to only recommend this step to recipients of donor gametes.
Donor bank licensure renewal is extended from annually to once
every 5 years. The requirement that the department investigate donor banks outside the state of Colorado is eliminated, and the fine for donor banks that are out of compliance is modified from an automatic $20,000 per-day fine to a fine to be determined by the state board of health.
