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REFERENCE TITLE: human egg providers; protection |
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State of Arizona House of Representatives Forty-ninth Legislature Second Regular Session 2010
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HB 2651 |
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Introduced by Representatives Barto, Ash, Barnes, Burges, Gowan, Stevens, Weiers JP, Senator Gray L: Representatives Adams, Antenori, Boone, Court, Crandall, Goodale, Lesko, Mason, McComish, McLain, Montenegro, Nichols, Pratt, Seel, Weiers J, Senators Allen S, Harper, Melvin, Pearce R, Verschoor
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AN ACT
amending title 36, Arizona Revised Statutes, by adding chapter 11; relating to human eggs.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 36, Arizona Revised Statutes, is amended by adding chapter 11, to read:
CHAPTER 11
HUMAN EGGS
ARTICLE 1. GENERAL PROVISIONS
36-1301. Definitions
In this article, unless the context otherwise requires:
1. "Direct expenses" means actual medical and hospital expenses, actual lost wages and travel expenses typically paid to research subjects by medical institutions in this state. Direct expenses do not include payment for time, inconvenience or emotional or physical demands of the egg donation procedure.
2. "Egg" means an oocyte or egg cell of a human female.
3. "Egg provider" means a woman who provides or agrees to provide her eggs for purposes other than her own impregnation with those eggs.
4. "Physician" means a person who is licensed pursuant to title 32, chapter 13 or 17.
5. "Purchase" includes providing any cash, in-kind payment or other valuable financial or nonfinancial consideration.
36-1302. Informed consent for egg donation; requirements; unprofessional conduct
A. For the purposes of the duty of care owed by a physician, an egg provider is a patient of the physician who harvests the eggs from the egg provider.
B. A physician shall not harvest eggs except in a hospital, clinic or other medical facility that meets the licensing standards for the facility prescribed by this title.
C. Before performing any medical procedure or prescribing any hormones or other drugs for an egg provider, a physician must provide the egg provider with the following information:
1. A description of all hormones and other drugs to be taken by the egg provider, including the dosage, frequency of administration, intended biochemical function and likely physiological response to each medication.
2. A description of all procedures to be performed on the egg provider, including the purpose, duration and estimated recovery time for each procedure.
3. Medically accurate disclosures concerning all potential risks of egg donation that a reasonable patient would consider material to the decision of whether to undergo the procedure, including the medical risks associated with the surgical procedure and the drugs, medications and hormones prescribed for ovarian stimulation during the process.
4. A description of the effects that the surgical procedure and the drugs, medications and hormones may have on future attempts of the egg provider to become pregnant.
5. A list of additional sources of information on health and safety issues surrounding egg donation.
6. Notice that the egg provider cannot be completely informed of all potential risks or effects because the process and risks related to egg harvesting are highly unstudied and unknown compared to other medical procedures and treatments.
D. The physician must obtain written and oral informed consent for the procedure from the egg provider before performing any medical procedure or prescribing any hormones or other drugs for the egg provider.
E. A physician who violates this section commits an act of unprofessional conduct and is subject to license suspension or revocation pursuant to title 32, chapter 13 or 17.
36-1303. Purchase of human eggs; prohibition; violation; classification; unprofessional conduct
A. A person shall not purchase, offer to purchase or advertise for the purchase of a human egg.
B. A person shall not make any payment to an egg provider that exceeds reimbursement of direct expenses incurred as a result of the egg donation procedure.
C. A person who violates this section is guilty of a class 1 misdemeanor.
D. A physician who violates this section commits an act of unprofessional conduct and is subject to license suspension or revocation pursuant to title 32, chapter 13 or 17.