2010 State Advocacy Efforts

Bill Name/Number: SB 1306 and SB 1307 (The bill had the same name and number in the House and Senate)

SB 1306:

• Bill information: The bill would ban compensation for egg donation and require unprecedented informed consent requirements.  RESOLVE opposed this bill as it would make egg donation as a family building option less available and less effective.  RESOLVE volunteers worked tirelessly opposing these two bills by testifying, meeting with legislators, providing outreach to the professional community, and mobilizing grassroots volunteers.  RESOLVE volunteers were also interviewed by the media and featured on the local news in Phoenix.
• Result:   SB 1306 passed in the Arizona Senate on April 30, 2010 and was signed into law by Governor Jan Brewer.  However the final bill changed dramatically from its initial introduction. The law no longer bans compensation for egg donors.  However, it still mandates unprecedented informed consent procedures for egg donation that apply only in Arizona. 

SB 1307:

• Bill information:  SB 1307 contained provisions that threaten infertility patients, mainly through vague terms that make it unclear what treatments doctors can safely perform and which ones could land them in jail.  Most flagrantly, this bill could forbid embryo cryopreservation (freezing) – which would dramatically alter how reproductive medicine is practiced and would cause harm and hardship to patients. The bill makes it criminal to harm an embryo in the course of "nontherapeutic research" -- but leaves it very unclear whether ordinary IVF embryology lab techniques could be classified as such illegal research.  There is additional vague language in the bill that could be interpreted to forbid embryo cryopreservation and to require transfer of all embryos in every IVF cycle.    RESOLVE opposed this bill as such requirements would harm infertility patients and prevent them from receiving treatment that accords with the standard of care. The bill criminalizes the practice of reproductive medicine.
• Result: SB 1307 passed in the Arizona Senate on April 30, 2010 and was signed into law by Governor Jan Brewer. However the final bill changed from its initial introduction.   IVF should be unaffected because the bill dropped language making it a crime if an embryo were harmed in the course of “nontherapeutic research.”  The bill has also dropped language that equated microscopic embryos and people.

 Kansas 2010

Bill Name/Number: SB 509

• Bill Information: The bill would have required fertility clinics to track and report information that would then be given to the Kansas state government and made public.  The information to track included how many eggs a woman produces, their quality and fertilization rates; how many embryos a fertility patient produces and how many are transferred; miscarriages would be reported along with embryo disposition.  Due to its intrusive nature and the singling out of infertility patients for unprecedented government surveillance, RESOLVE opposed this Bill.
• Result: The Bill had a hearing in a Senate Committee but was not voted on by the full Senate.   A RESOLVE volunteer testified before the Committee. It must be introduced again in the next session for the bill to move forward.

 Maryland 2010

Bill Name/Number: HB 30

• Bill Information: House Bill 30, introduced by Delegate Jeff Waldstreicher, would amend the Maryland insurance mandate to change the length of time for a history of infertility from the current two years to one year. The current Statute requires that a couple be infertile for 2 years before seeking treatment that would be covered by the Statute.   By reducing the waiting period to one year the Maryland mandate will allow more people to be covered and will be consistent with current medical practices. RESOLVE supported this bill and testified at hearings for the bill. 
• Result: The Bill had a hearing before the House Health and Government Operations Committee but the Committee did not pass the bill out of Committee due to the Fiscal Note.

 Michigan 2010

Bill Name/Number: Senate Bill Nos. 647, 648, 649, 650, 651, and 652 and House Bill Nos. 5131, 5132, 5133, 5134, 5130, and 5129

• Bill Information: The bills called for the state of Michigan to collect and publicize intimate information about infertility patients, ban stem cell research and require fertility clinics to collect information on embryos.  RESOLVE opposed these bills as they would unreasonably burden the treating physicians and would raise the cost of medical treatments to have a baby.  They would also add so many conditions that few people could exercise their choice to donate unused embryos to research. 
• Results: A Michigan Senate Committee approved all six bills and they were sent to the full Senate for a vote.  The bills did not come up for a vote in the Michigan Senate. They must be introduced in the next session for the bills to move forward.
   

 Minnesota 2010

Bill Name/Number: HF890 and SF436

• Bill Information: The bills would have made all procedures and presumptions of fatherhood apply to motherhood as well.  For example, it would have made egg donation equitable to sperm donation, streamline parentage for those who pursue third party options, and make parentage simpler and more efficient for the courts, which in turn means that parentage can be established for children faster and with less cost.   RESOLVE supported this legislation and RESOLVE volunteers in Minnesota worked diligently to support these bills.
• Results: The bills passed the House of Representatives but did not have a vote on the floor of the Senate.  They must be introduced again in the next session for the bills to move forward.

 Missouri  2010

Bill Name/Number: House Bill 1305

• Bill information: The bill requires that group health insurance policies providing coverage for more than 25 employees to also cover the diagnosis and treatment of infertility, including up to 4 cycles of in vitro fertilization (IVF).   RESOLVE supported this legislation.
• Result: The Bill did not have a Committee hearing and must be introduced in the next legislative session to move forward.

 Oklahoma 2010

Bill Name/Number: House Bill 3077

• Bill information:  HB 3077 outlaws compensation to women who donate their eggs for infertile couples.   It outlawed reimbursement for medical expenses and for lost wages, which means those who donate eggs would actually lose money. It required unprecedented informed consent requirements and threatened doctors with harsh penalties – permanent loss of medical license and vulnerability to a lawsuit – if they fail to follow the new rules to the letter. 
• Result: On March 24, 2010 a key Senate Committee in Oklahoma announced it will not hear testimony or consider HB 3077, a bill that would have ended compensation for egg donation in the state of Oklahoma.   This effectively killed the bill in this legislative session.  The bill had overwhelmingly passed the Oklahoma House.

Want to make a difference? Volunteer and become a grassroots advocate. Click here to find out more.