Section 1644.6 Of Chapter 4.2. Donations Of Organs, Tissues,or Body Fluids From California Health And Safety Code >> Division 2. >> Chapter 4.2.
1644.6
. (a) No physician and surgeon shall be subject to liability
for damages for any cause of action based solely on the use of sperm
donated by a sexually intimate partner of the recipient if both of
the following conditions are met:
(1) The physician and surgeon provides insemination or assisted
reproductive technology services and has obtained the informed
consent of the recipient, who waives second or other repeat testing
of the sexually intimate partner and acknowledges and accepts the
risks of using sperm from a sexually intimate partner who has not
undergone repeat testing, in accordance with paragraph (1) of
subdivision (c) of Section 1644.5.
(2) The physician and surgeon complies with the applicable
requirements specified in Section 1644.5.
(b) No physician and surgeon shall be subject to disciplinary
action against his or her professional license, or subject to peer
review by a professional association peer review body, as defined in
clause (iii) of subparagraph (B) of paragraph (1) of subdivision (a)
of Section 805 of the Business and Professions Code, because the
physician and surgeon used sperm donated by a sexually intimate
partner of the recipient in providing insemination or assisted
reproductive technology services if both of the following conditions
are met:
(1) The physician and surgeon has obtained the informed consent of
the recipient who waives second or other repeat testing of the
sexually intimate partner and acknowledges and accepts the risks of
using sperm from a sexually intimate partner who has not undergone
repeat testing, in accordance with paragraph (1) of subdivision (c)
of Section 1644.5.
(2) The physician and surgeon complies with the applicable
requirements specified in Section 1644.5.
(c) A tissue bank that is owned and operated by a physician and
surgeon shall not be subject to disciplinary action against its
license because of the use of sperm donated by a sexually intimate
partner of the recipient in providing insemination or assisted
reproductive technology services if both of the following conditions
are met:
(1) A physician and surgeon affiliated with the tissue bank has
obtained the informed consent of the recipient, who waives second or
other repeat testing of the sexually intimate partner and
acknowledges and accepts the risks of using sperm from a sexually
intimate partner who has not undergone repeat testing, in accordance
with paragraph (1) of subdivision (c) of Section 1644.5.
(2) The physician and surgeon complies with the applicable
requirements specified in Section 1644.5.
(d) Nothing in this section shall create a duty for a physician
and surgeon to use sperm donated by a sexually intimate partner of
the recipient in providing insemination or assisted reproductive
technology services if the physician and surgeon reasonably concludes
that the insemination or services do not meet the 2008 American
Society for Reproductive Medicine guidelines for gamete and embryo
donation.
(e) Nothing in this section shall be construed to affect any
liability that may be imposed pursuant to a federal rule or
regulation when a physician and surgeon, or tissue bank provides
insemination or assisted reproductive technology services.
(f) For purposes of this section, "sexually intimate partner"
includes a known or designated donor to whose sperm the recipient has
previously been exposed in a nonmedical setting in an attempt to
conceive.