Purpose

• The bill would require health care providers to obtain informed, written consent before performing medical treatments that may harm a patient’s fertility. It aims to ensure patients are informed about potential fertility risks and have access to information and options related to fertility preservation and family building.

Definitions (key terms)

• Family building: How a person forms a family, including both biological and nonbiological steps.
• Fertility: The ability to conceive or carry biological children.
• Fertility specialist: A health care provider with expertise in reproductive health and fertility preservation.
• Health care provider: A licensed or registered health professional practicing within their licensed scope and state law.
• Medical treatment: Any prescription drug, procedure, therapy, or intervention that may impact fertility.
• Patient: The person receiving medical treatment.

Main Provisions

• Informed consent requirement:

  • A health care provider must discuss with the patient the potential harm a treatment could have on the patient’s fertility.
  • The provider must give the patient an opportunity to consult with a fertility specialist about the treatment’s impact, fertility preservation options, and family building options.
  • The patient must give prior written informed consent, affirming they were informed about the fertility risks, understood them, and authorize the treatment.

• Prohibited conduct:

  • Providers must not influence a patient’s decision by discouraging the patient from consulting a fertility specialist or exploring fertility preservation or family-building options.

• Disciplinary action:

  • A health care provider who violates the requirements could face disciplinary action from the relevant licensing board.
  • A patient harmed by the violation may file a complaint with the appropriate licensing board.

• Oversight and monitoring:

  • The commissioner of health must establish procedures to monitor compliance with these requirements.

Significance and Potential Impact

• Establishes a formal, patient-centered process to consider fertility impacts before treatment.
• Requires proactive discussion and access to fertility-related information and services.
• Introduces accountability through licensing boards and state health oversight.
• May influence how health care providers counsel patients and obtain consent for treatments with fertility implications.

How this changes existing law

• Creates a new state requirement for informed consent specifically tied to treatments that may affect fertility.
• Adds defined terms related to fertility, preservation, and family building to guide practice.
• Shifts some responsibility for oversight and enforcement to licensing boards and the commissioner of health.

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Relevant Terms - informed consent - fertility - fertility preservation - family building - fertility specialist - health care provider - medical treatment - patient - health-related licensing board - commissioner of health - disciplinary action - consult with a fertility specialist - monitoring compliance