BILL REQ. #:  H-3536.1 

Read first time 01/13/12.   Referred to Committee on Health Care & Wellness.

     AN ACT Relating to disclosures of semen donation; adding a new section to chapter 70.54 RCW; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   A new section is added to chapter 70.54 RCW to read as follows:
     (1) Any entity that operates as a sperm bank shall:
     (a) Require any donor to the bank to disclose how many times he has donated semen to sperm banks; and
     (b) Disclose to any recipient of semen:
     (i) The number of times the donor has reported having donated semen to any sperm banks;
     (ii) The number of times the sperm bank has delivered semen from the donor to any recipient; and
     (iii) If known, the number of times that the semen from the donor has resulted in successful insemination leading to a pregnancy.
     (2) A sperm bank that violates subsection (1)(b) of this section may be liable under RCW 7.70.050 for the failure to secure informed consent if the recipient demonstrates that the information identified in subsection (1)(b) of this section was a material fact relating to the treatment and establishes all other necessary elements of proof under RCW 7.70.050.
     (3) For the purposes of this section, "sperm bank" means any facility or program such as a person, hospital, clinic, corporation, or partnership that is involved in procuring, furnishing, donating, processing, storing, or distributing human semen for the purpose of artificial insemination.

NEW SECTION.  Sec. 2   This act takes effect January 1, 2013.