The Protections For Donor-conceived Persons And Families Act creates state requirements regarding the donation, matching, and use of gametes (unfertilized eggs and sperm) in assisted reproduction. This law establishes a state license program for gamete agencies, gamete banks, and fertility clinics.
On May 8, 2024, the Colorado legislature passed Senate Bill 24-223: Licensing for Clinics That Provide Fertility Services, which makes changes to certain sections of the 2022 Donor-conceived Persons and Families of Donor-conceived Persons Protection Act. As a result, the Colorado Department of Public Health and Environment withdrew the corresponding rules - 5 CCR 1005-6, Donor-Conceived Persons and Gamete Agencies, Gamete Banks, and Fertility Clinics - from consideration by the Colorado Board of Health at its meeting on May 15. CDPHE has incorporated requirements from the new legislation into an updated draft of the rules.
On July 17, 2024, the Colorado Board of Health granted the Colorado Department of Public Health and Environment’s (CDPHE) request for a rulemaking hearing for regulations related to Colorado’s Donor-conceived Persons and Families of Donor-conceived Persons Protection Act. CDPHE will present rules to the Board for approval on September 18, 2024.
Stakeholders can provide feedback on the draft rules in the following ways:
- Use the online feedback form through August 5, 2024, at 5 p.m, or email cdphe_dcphr_gametebankprogram@state.co.us. Feedback must be limited to the revised rules and received by the deadline. Feedback submitted is for consideration by CDPHE in drafting the proposed rules and will not be shared directly with the Board of Health.
- Submit it directly on the Board of Health’s webpage. Feedback provided this way will be added to the official rulemaking record.
- Provide written testimony or speak (either in person or virtually) at the September 18 Board of Health rulemaking hearing. See the Board of Health’s webpage for meeting details. Feedback and testimony provided this way will be added to the official rulemaking record.
On September 18, 2024, the Board of Health will decide whether or not to approve the proposed rules. If approved, they will go into effect approximately 60 days after the meeting.
Email the program at cdphe_dcphr_gametebankprogram@state.co.us with any feedback or questions.