(1) Except as provided in subsection (6) of this section, a gamete agency, gamete bank, or fertility clinic shall permanently maintain: (a) Identifying information and medical history for each donor with which it matches or from which it collects gametes for use by a recipient parent or parents who are unknown to the donor at the time of the donation; (b) Information about the number of families established with each donor's gametes and the efforts of the gamete agency, gamete bank, or fertility clinic to obtain that information pursuant to section 25-57-109; and (c) Records of gamete screening and testing. (2) A gamete agency, gamete bank, or fertility clinic that receives gametes or embryos from another gamete agency, gamete bank, or fertility clinic shall permanently maintain the name, address, telephone number, and e-mail address of the gamete agency, gamete bank, or fertility clinic from which it received the gametes or embryos. A gamete bank or fertility clinic that collected gametes from a donor who was matched with a recipient by a gamete agency that is a separate entity shall permanently maintain the name, address, telephone number, and e-mail address of the gamete agency that matched the donor and the recipient. (3) Except as provided in subsection (6) of this section, in its application for a license pursuant to section 25-57-110, a gamete agency, gamete bank, or fertility clinic shall submit a proposed plan to permanently maintain the records described in subsections (1) and (2) of this section in the event of dissolution, insolvency, or bankruptcy. The plan may include identification of a named entity to receive or maintain the records, obtaining a surety bond in favor of a third party in an amount sufficient to cover the costs of permanent record keeping, an obligation to condition any sale on the acquiring entity's obligation to maintain records consistent with this section, or similar methods. The department shall not issue a license pursuant to section 25-57-110 until it approves a plan that it finds sufficient to ensure that the records will be permanently maintained by a viable entity. (4) Except as provided in subsection (6) of this section, upon dissolution, insolvency, or bankruptcy, a gamete agency, gamete bank, or fertility clinic shall: (a) Implement the plan approved by the department pursuant to subsection (3) of this section; (b) File with the department a statement providing the name and contact information of the successor entity, if any, that will receive and maintain the records described in subsections (1) and (2) of this section; and (c) Inform by mail and electronic mail sent to the last-known address on file all gamete donors whose gametes were collected, matched, or received by the gamete agency, gamete bank, or fertility clinic, as well as recipient parents who received gametes or embryos from the gamete agency, gamete bank, or fertility clinic and reported a pregnancy or live birth, the name and contact information of the successor entity that will receive and maintain the records described in subsections (1) and (2) of this section. (5) A gamete agency, gamete bank, or fertility clinic shall comply with reporting requirements about gamete screening and testing in accordance with federal law and applicable laws of this state other than those set forth in this article 57. (6) A gamete bank or fertility clinic that collects gametes from a donor who was matched with a recipient by a gamete agency that is a separate entity is not subject to the requirements of subsection (1), (3), or (4) of this section. (7) (a) Subsection (2) of this section applies only to gametes or embryos matched or received on or after July 1, 2024. (b) Subsections (1), (3), and (4) of this section apply only to gametes matched or collected on or after January 1, 2025, for use by a recipient parent or parents who are unknown to the donor at the time of the donation.
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