BILL ANALYSIS                                                                                                                                                                                                    



                                                                    AB 2531


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          ASSEMBLY THIRD READING


          AB  
          2531 (Burke)


          As Introduced  February 19, 2016


          Majority vote


           ------------------------------------------------------------------ 
          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Health          |15-0 |Wood, Maienschein,    |                    |
          |                |     |Bonilla, Burke, Chiu, |                    |
          |                |     |Dababneh, Gomez,      |                    |
          |                |     |Lackey, Nazarian,     |                    |
          |                |     |Olsen, Ridley-Thomas, |                    |
          |                |     |Rodriguez, Santiago,  |                    |
          |                |     |Steinorth, Thurmond   |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
           ------------------------------------------------------------------ 


          SUMMARY:  Repeals the ban on compensation for women providing  
          human oocytes (eggs) for research, and instead allows a woman  
          providing eggs for research to be compensated for her time,  
          discomfort, and inconvenience in the same manner as other  
          research subjects.  Specifically, this bill:  


          1)Prohibits payment received for providing eggs for research  








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            from being for the eggs themselves, or predicated on the  
            number obtained, including if none are obtained.


          2)Requires the proposed compensation amount to be determined by  
            a human subject research panel or institutional review board  
            (IRB).


          3)Specifies, in the event that a human subject research panel or  
            IRB determines that a proposed compensation amount is  
            inappropriate, the panel or board to determine an appropriate  
            compensation amount.


          4)Requires the IRB, if a woman is compensated for providing eggs  
            for the purpose of infertility treatment, and any eggs or  
            embryos in excess of those needed for fertility are offered  
            for research, to disregard the amount of compensation if all  
            of the following conditions are met:


             a)   The clinic performing egg retrieval is a member of the  
               Society for Assisted Reproductive Technology;


             b)   The procurement and disposition for research purposes of  
               eggs initially provided for reproductive uses, either for  
               use by the donor or another woman, shall not knowingly  
               compromise the optimal reproductive success of the woman in  
               the infertility treatment;


             c)   The infertility treatment protocol is established prior  
               to requesting or obtaining consent for donation for  
               research purposes and the prospect of donation for research  
               does not alter the timing, method, or procedures selected  
               for clinical care;









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             d)   The woman in infertility treatment makes the  
               determination that she does not want or need the eggs for  
               her own reproductive success; and, 


             e)   The donation of eggs for research is done without  
               valuable consideration.  Valuable consideration does not  
               include reasonable payment for the removal, processing,  
               disposal, preservation, quality control, and storage of  
               eggs or embryos.


          5)Makes various legislative findings and declarations, stating  
            that concerns that women will be exploited if compensated for  
            providing human eggs for research have not been borne out in  
            the states where compensation is allowed, and that sufficient  
            protections are in place to treat women providing human eggs  
            for research, similar to any other research subject, and that  
            women are competent and able to make decisions for themselves.
          FISCAL EFFECT:  None.


          COMMENTS:  According to the author, this bill promotes medical  
          research in California while ensuring research participants are  
          fairly treated by removing the prohibition on compensation for  
          women participating in egg donation for medical research.  The  
          author states that we all benefit from those willing to  
          participate in research, and the current processes in place are  
          designed to appropriately reward participants, while protecting  
          them from abusive or coercive practices.  The author notes that  
          this bill ensures that women are treated equally to all other  
          research subjects - allowing them to actively evaluate their  
          participation in research studies and be paid for their time,  
          trouble, and inconvenience when they do participate.  The author  
          concludes, given that compensation is allowed in 47 other  
          states, and there is no evidence of abuse, it's time to  
          reconsider our ban, just as New York did.









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          Research using donated eggs.  Embryonic stem cells are a unique  
          discovery with the power to unlock causes of and treatments for  
          many human illnesses.  Diseases and disabilities such as heart  
          disease, spinal cord injuries, juvenile diabetes (Type I  
          diabetes), amyotrophic lateral sclerosis (ALS or Lou Gehrig's  
          disease), Parkinson's disease, and Alzheimer's disease afflict  
          millions of Americans.  These are some of the most debilitating  
          diseases known to modern medicine in that they often severely  
          limit the activity of the affected individual, cause painful  
          degeneration of normal bodily functions, bring on premature  
          death, and cause immense suffering for the individual and his or  
          her family.


          Potential benefits of embryo research include an improved  
          understanding of fertilization, implantation, and early  
          pregnancy biology and, with this understanding, possibly fewer  
          undesired outcomes, such as miscarriage.  For infertile couples,  
          embryo research offers the possibility of more effective  
          therapies:  research efforts helped optimize conditions for  
          intracytoplasmic sperm injection, embryo culture, and  
          cryopreservation, for example.  For others at risk for heritable  
          genetic disease who feel pregnancy termination is undesirable or  
          inappropriate, embryo research has led to the possibility of  
          early, accurate genetic diagnosis.  Preimplantation genetic  
          diagnosis provides diagnostic results at a point before  
          implantation, so pregnancy termination can be avoided.  In  
          addition to these benefits of embryo research in general, stem  
          cell research promises additional potential benefits, for such  
          work may lead both to a better understanding of the processes  
          leading to tissue differentiation and function and to possible  
          therapies by creating lines that can replace diseased or  
          nonfunctioning tissues.




          Analysis Prepared by:                                             








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                          Lara Flynn / HEALTH / (916) 319-2097  FN:  
          0002697