New York A 3543: Relates to prohibiting valuable consideration in exchange for human eggs

Bill Text

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A03543 Summary:

BILL NOA03543 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORFitzpatrick (MS)

&nbsp

COSPNSRBarclay, Brabenec, DeStefano, Morinello, Ra

&nbsp

MLTSPNSRMiller

&nbsp

Add §4311, Pub Health L

&nbsp

Makes it unlawful to provide valuable consideration for the donation of human eggs for scientific research.

Go to top A03543 Actions:

BILL NOA03543 

&nbsp

01/28/2025referred to health

01/07/2026referred to health

Go to topA03543 Committee&nbspVotes:

Go to topA03543 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA03543 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3543

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 28, 2025
 ___________

 Introduced by M. of A. FITZPATRICK, BARCLAY, BRABENEC, DeSTEFANO, MORI-
 NELLO, RA -- Multi-Sponsored by -- M. of A. MILLER -- read once and
 referred to the Committee on Health

 AN ACT to amend the public health law, in relation to making it unlawful
 to provide consideration for the donation of human eggs for scientific
 research

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The public health law is amended by adding a new section
 2 4311 to read as follows:
 3 § 4311. Prohibition of valuable consideration for the donation of
 4 human eggs for scientific research. 1. It shall be unlawful for any
 5 person to knowingly provide or offer to provide valuable consideration
 6 to any person who donates a human egg for scientific research. It shall
 7 further be unlawful for any advertising or publicity aimed at recruiting
 8 donors of human eggs or encouraging donation of human eggs to include
 9 any reference, express or implied, to the possibility of valuable
 10 consideration for such a donation, although reference may be made to the
 11 availability of reimbursement for actual expenses, as permitted by this
 12 section.
 13 (a) The term "valuable consideration" shall not include the reimburse-
 14 ment of actual expenses incurred by the donor themself in connection
 15 with the donation of an egg.
 16 (b) The term "actual expenses" shall be defined as necessary expendi-
 17 tures paid or incurred by the donor themself, including travel, housing,
 18 and lost wages, but shall not include any indefinite or inchoate
 19 expenses, such as inconveniences or burdens. Reimbursement may be
 20 provided for actual and reasonable medical expenses incurred by an egg
 21 donor who becomes ill as a direct result of the donation.
 22 2. Any person that accepts the donation of human eggs shall maintain a
 23 record of all expenses reimbursed to donors, containing information

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04029-01-5

 A. 3543 2

 1 about the date, amount, recipient, specific justification and documenta-
 2 tion supporting each reimbursement.
 3 3. Any person that accepts the donation of human eggs shall obtain
 4 from the donor a certification that no valuable consideration was paid
 5 to such donor by any person for donation of an egg, except for the
 6 reimbursement of actual expenses as permitted by this section. Such
 7 certifications shall be required to be maintained by the person or enti-
 8 ty in their records.
 9 4. This section shall not apply to the procurement of human eggs for
 10 the treatment of infertility.
 11 5. Any person who violates this section shall be guilty of a class E
 12 felony.
 13 § 2. This act shall take effect immediately.

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