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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. These requirements will take effect January 1, 2025.

The Colorado Department of Public Health and Environment is working to get feedback on the draft rules for implementing this law. While the law has specific requirements that must be met, rulemaking is important as it determines how the laws will be carried out.

CDPHE wants to hear from a wide range of people who have an interest or expertise in the issues the law addresses, particularly Coloradans who want to know how this law will be implemented. These include, but are not limited to, donor advocacy groups, people working in the fertility industry, donor-conceived people, researchers, and people who have used or donated donor gametes, or are considering it.

A rulemaking hearing before the Colorado Board of Health for regulations related to the Protections For Donor-conceived Persons And Families Act has been scheduled for May 15, 2024. Stakeholders may provide feedback on draft rules before the hearing by emailing the program at cdphe_dcphr_gametebankprogram@state.co.us or during the live listening session. Feedback provided these ways is informal and will go to the staff, but it will not be added to the official rulemaking record.

Feedback for the official rulemaking record may be provided directly on the Board of Health’s webpage. Stakeholders may also provide written testimony or speak at the May 15 Board of Health rulemaking hearing to testify in favor or against the proposed rules. Registration for the rulemaking hearing will be posted on the Colorado Board of Health’s website.. Meeting details will also be posted on this webpage when available.

Read CDPHE’s draft rules for implementing the Donor-conceived Persons and Families of Donor-conceived Persons Protection Act.
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The schedule below may change at any time. Check back for more details. Zoom registration is required. Use the links below to register. 

DateSession title and agendaRule sections to be discussedZoom registration
November 1, 2023
Noon - 2 p.m. 

Session 1: Introductions

Agenda

Section 1: Purpose and Authority
Section 2: Definitions
Section 3:  Licensing (License required, Fees required, Content of Application, General Information, Institutional Information)
Sign up for Session 1 on Zoom
November 15, 2023
Noon - 2 p.m. 

Session 2: Donor consent, tracking donor information, and donor information disbursal

Agenda

Section 3, Licensing, Specific Technical Information, Parts A-E (Donor consent, tracking donor information, and donor information disbursal)     Sign up for Session 2 on Zoom
November 30, 2023
Noon - 2 p.m. 

Session 3: Educational materials and licensing processes

Agenda

Section 3, Part A (e): Maintenance of records
Section 3, Part A (f) Educational materials
Section 3 (Application for CO Licensing and Licensing processes)
Section 4: Licensing requirements for a provisional license
Section 5: Licensing Period
Section 6: Reporting requirements 
Section 7: Licensing renewal
Section 8: License revocation and Fines
Sign up for Session 3 on Zoom
December 21, 2023
Noon - 2 p.m.

Session 4: Family limits and retrieval limits

Agenda

Section 3, Part B: LimitsSign up for Session 4 on Zoom
January 29, 2024
11 a.m. - 1 p.m.

Session 5: Revisions

Agenda

Rule revisionsSign up for Session 5 on Zoom
April 17, 2024
Noon - 2 p.m.

Session 6: Revisions

Agenda

Rule revisionsSign up for Session 6 on Zoom