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Gamete Bank and Fertility Clinic Program

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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 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 revised the previous draft rules to incorporate requirements from the new legislation into the updated draft rules and will conduct additional stakeholder engagement to solicit feedback over the next few months. After sufficient stakeholdering, CDPHE will request a new hearing date this year to present to the Board the updated rules for approval. Currently, CDPHE is scheduled to go in front of the Board of Health on July 17, 2024 to request a hearing for rulemaking.

You can provide feedback on the updated draft rules by using CDPHE’s online form. CDPHE can accept feedback until June 7, 2024 at 5 p.m. Feedback submitted is for consideration by CDPHE in drafting the proposed rules and will not be shared directly with the Board of Health. Stakeholders may also email the program at cdphe_dcphr_gametebankprogram@state.co.us with additional feedback or questions.

Read CDPHE’s draft rules for implementing the Donor-conceived Persons and Families of Donor-conceived Persons Protection Act.