January 24, 2006, Introduced by Reps. Lemmons, III, Lemmons, Jr., Cushingberry, Virgil Smith, Zelenko, Vagnozzi, Miller, Polidori, Clemente, Lipsey, Condino, Tobocman, Hunter and Waters and referred to the Committee on Health Policy.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 16273 (MCL 333.16273), as added by 1988 PA 487.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 16273. (1) A licensee, except a veterinarian licensed
under this article, who provides artificial insemination services
on an anonymous basis shall use only frozen sperm, and shall test
each potential sperm donor for the presence in the donor of HIV or
an antibody to HIV. The donated sperm shall be frozen, stored, and
quarantined for not less than 6 months. Before frozen sperm is used
for artificial insemination, and not less than 6 months after the
date of the donation, the licensee shall take a second blood sample
from the donor and have that blood sample tested for HIV or an
antibody to HIV. If at any time the test results are positive, the
licensee shall not use the sperm of the donor for artificial
insemination purposes.
(2) A licensee, except a veterinarian licensed under this
article, who provides artificial insemination services on an
anonymous basis shall provide each donor with the option to sign a
contract authorizing the licensee to reveal his or her identity
under certain circumstances. The licensee shall only release the
donor's identifying information upon written request from the
individual who was conceived through the artificial insemination
process, and the information shall only be released to that
individual. The licensee shall not release the information to the
parents of the individual conceived. The individual requesting the
information must be at least 18 years of age. Prior to releasing
the information as authorized under this subsection, the licensee
shall contact the donor and ask him or her to update his or her
profile and to specify his or her preferred form of contact, if
any.
(3) (2)
A licensee who violates this section shall be liable
in a civil action for damages for the loss or damage resulting from
the violation.
(4) (3)
As used in this section:
(a) "Anonymous basis" means that the recipient of the sperm
does not know the identity of the donor, but the licensee who
provides the artificial insemination services or collects the sperm
from the donor does know the identity of the donor.
(b) "HIV" means human immunodeficiency virus.