A 3543: Makes it unlawful to provide valuable consideration for the donation of human eggs for scientific research.

  
  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.