36-1702

36-1702. Informed consent for egg donation;
requirements; unprofessional conduct

A. For the purposes of the duty of care owed by a physician, an egg donor is a
patient of the physician who retrieves the eggs from the egg donor.

B. A physician shall not retrieve eggs except in a hospital, clinic or other
medical facility that meets the licensing standards for the facility prescribed by this
title.

C. Before performing any medical procedure or prescribing any hormones or other
drugs for an egg donor, a physician must comply with all requirements prescribed by the
federal food and drug administration and provide the egg donor with the following
information:

1. A description of all hormones and other drugs to be taken by the egg donor,
including the dosage, frequency of administration, intended biochemical function and
likely physiological response to each medication.

2. A description of all procedures to be performed on the egg donor, including the
purpose, duration and estimated recovery time for each procedure.

3. Medically accurate disclosures concerning all potential risks of egg donation
that a reasonable patient would consider material to the decision of whether to undergo
the procedure, including the medical risks associated with the surgical procedure and the
drugs, medications and hormones prescribed for ovarian stimulation during the process.

4. A description of the effects that the surgical procedure and the drugs,
medications and hormones may have on future attempts of the egg donor to become pregnant.

5. Notice that the egg donor cannot be completely informed of all potential risks
or effects because all potential risks or effects and the magnitude of those risks or
effects may not be known.

D. The physician or the physician's agent or designee must provide the information
required by subsection C of this section before the physician or the physician's agent or
designee performs any screening or testing of a potential egg donor. The physician must
obtain written and oral informed consent for the procedure from the egg donor before
performing any medical procedure that is not part of the screening process or prescribing
any hormones or other drugs for the egg donor.

E. This section does not require a physician to provide additional information or
obtain additional informed consent if the physician's current practices relating to
informed consent already meet the standards prescribed by subsections C and D of this
section.

F. A physician who knowingly violates this section commits an act of unprofessional
conduct and is subject to license suspension or revocation pursuant to title 32, chapter
13 or 17.