Steven’s Law

“369A. Reproductive tissue donor information

“(a) In general—The Secretary shall, by regulation, require that a reproductive tissue bank—

“(1) collect and verify medical history information from each donor from whom such bank acquires donor reproductive tissue; and

“(2) make available on request such information to—

“(A) any recipient of such donor reproductive tissue, including before such recipient purchases or otherwise receives such donor reproductive tissue;

“(B) the physician of any such recipient; and

“(C) any donor-conceived person conceived with such donor reproductive tissue if such person has attained eighteen years of age or has the consent of such person’s parent or guardian.

“(b) Donor disclosure—Under the regulations issued pursuant to subsection (a), the Secretary shall require a donor to—

“(1) disclose to a reproductive tissue bank that acquires donor reproductive tissue from such donor—

“(A) all diagnosed sexually transmitted infectious diseases that the donor has at the time of donation;

“(B) all diagnosed medical conditions of the donor, including genetic disorders, schizophrenia and other serious mental illnesses (as determined by the Secretary), and intellectual disabilities;

“(C) any familial medical conditions (as defined by the Secretary) to the extent such donor has knowledge of or should have knowledge of such conditions, including the conditions referred to in subparagraph (B); and

“(D) the name and contact information of each medical professional who has examined or treated the donor during the 5 years preceding the date of the donation; and

“(2) provide a waiver of protections of the donor’s medical history and records, including the regulations under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d–2 note), necessary to authorize such bank to—

“(A) obtain donor medical records from each medical professional identified under paragraph (1)(D); and

“(B) disclose the donor’s medical history and records to a recipient, physician, or donor-conceived person in accordance with subsection (a).

“(c) Reproductive tissue bank disclosure—Under the regulations issued pursuant to subsection (a), the Secretary shall require a reproductive tissue bank to—

“(1) provide to a donor from whom reproductive tissue is acquired a statement of the obligations of such donor described in subsection (b) and obtain a signed acknowledgment of such obligations;

“(2) verify the medical information provided by a donor in accordance with subsection (b) by comparing such information with donor medical records;

“(3) review donor medical records for risk factors of genetic disorders;

“(4) except in the case of a donor known to the recipient, remove any individually identifying information, including the donor’s name, address, and other information that may be used to identify such donor, from donor medical records; and

“(5) in accordance with paragraph (4) and using a standard form prescribed by the Secretary, make available, at no cost, to a recipient, physician, or donor-conceived person in accordance with subsection (a)—

“(A) the donor’s medical records;

“(B) a summary of the information included in such records; and

“(C) any donor medical information that such bank was unable to obtain from donor medical records, including—

“(i) the type of information unable to be obtained; and

“(ii) the reason such bank was unable to obtain such information.

“(d) Definitions—In this section:

“(1) Donor—The term donor means a person who provides donor reproductive tissue for use in an artificial insemination or assisted reproductive procedure performed on recipients other than that person or that person's regular sexual partner, and includes direct and known donors.

“(2) Donor-conceived person—The term donor-conceived person means a person purposely conceived through the use of donor reproductive tissue.

“(3) Donor reproductive tissue—The term donor reproductive tissue means any tissue, including semen, oocytes, embryos, spermatozoa, or spermatids, from the reproductive tract intended for use in an artificial insemination or assisted reproductive procedure.

“(4) Recipient—The term recipient means a person who receives donor reproductive tissue for the purposes of that person conceiving a child.

“(5) Reproductive tissue bank—The term reproductive tissue bank—

“(A) means an entity which acquires, processes, stores, or releases donor reproductive tissue for an insemination implantation site or recipient to use in an artificial insemination or assisted reproductive technology procedure; and

“(B) includes a semen bank, oocyte donation program, and embryo bank.”