ASSEMBLY, No. 350

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblywoman QUIGLEY and Assemblyman FELICE

An Act concerning HIV testing by semen banks and supplementing Title 26 of the Revised Statutes.

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

    1. As used in this act:

    "HIV" means the human immunodeficiency virus which has been identified as the probable causative agent of acquired immune deficiency syndrome, or AIDS.

    "HIV test" means a laboratory test designed to detect the presence of HIV, its related antigens, or antibodies to HIV.

    "Semen bank" means a commercial or noncommercial activity involving the handling of human semen which participates in the collection, processing, storage or distribution of semen.

    2. a. A semen bank shall perform an HIV test on a potential donor prior to that person donating semen and shall freeze all donated semen for a waiting period of at least six months, in accordance with standards adopted by the United States Centers for Disease Control and Prevention.

    b. A semen bank shall perform the HIV test only after the donor has provided written informed consent according to standards adopted by the commissioner. A donor who refuses to provide written informed consent to an HIV test or tests positive for HIV shall not be permitted to donate semen.

    c. The cost of the HIV test shall be borne by the recipient of the donation.

    d. The Commissioner of Health shall establish procedures for notification by a semen bank to donors of screening results and referrals to appropriate counseling and health care services as necessary.

    3. A semen bank which violates any provision of this act is guilty of a disorderly persons offense and is liable to a penalty of not more than $1,000 for each offense.

    4. The Commissioner of Health, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations to effectuate the purposes of this act.

    5. This act shall take effect immediately.

STATEMENT

    This bill requires that semen banks test potential donors for the human immunodeficiency virus, or HIV, the probable causative agent of AIDS, and freeze all donated semen for a waiting period of at least six months, according to standards adopted by the U.S. Centers for Disease Control and Prevention.

    The bill also provides that the HIV test shall be performed only after the donor has provided written informed consent according to standards adopted by the Commissioner of Health, and that a donor who refuses to provide written informed consent to an HIV test or tests positive for HIV shall not be permitted to donate semen. The bill also stipulates that the cost of the HIV test is to be borne by the recipient of the donation. Finally, the bill requires that any semen bank that violates the provisions of this act be found guilty of a disorderly persons offense and be liable to a penalty of not more than $1,000 for each offense.

Requires semen banks test donors for HIV.