Tissue donation.

Existing law prohibits the transfer of any tissues, as defined, into the body of another person by means of transplantation, unless the donor of the tissues has been screened and found nonreactive for evidence of infection with human immunodeficiency virus (HIV) , agents of viral hepatitis (HBV and HCV) , syphilis, and human T lymphotrophic virus (HTLV) , except as provided. Existing law requires that all donors of sperm be screened and found nonreactive under the above provisions, except as provided. This bill would except sperm donated by a sexually intimate partner of the recipient, as defined, from second or repeat testing under these requirements if the recipient is informed of the testing requirements and signs a written waiver, as specified. This bill would exclude a physician and surgeon from liability for any cause of action based solely upon the use of sperm from a sexually intimate partner of the recipient when the physician and surgeon provides insemination or assisted reproductive technology services and has obtained the informed consent of the recipient, who waives 2nd 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, as described. The bill would exclude a physician and surgeon from disciplinary action because the physician and surgeon used sperm in these conditions in providing insemination or assisted reproductive technology services. The bill would exclude a physician and surgeon owned and operated tissue bank from disciplinary action for providing these insemination or assisted reproductive technology services. The bill would also provide that some of its provisions do not create a duty for a physician and surgeon to use sperm from a sexually intimate partner of the recipient in providing insemination or assisted reproductive technology services if the physician and surgeon determines that the insemination or services do not meet specified guidelines for providing insemination or assisted reproductive technology services. This bill would replace references to advanced reproductive technologies and advanced reproductive technology services with assisted reproductive technologies and assisted reproductive technology services.