CA Health & Safety Code § 125355 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 106 - PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT)|PART 5.5 - USE OF HUMAN CELLS|CHAPTER 2 - Procuring of Oocytes for Research|Section 125355.

125355.  (a) Notwithstanding Section 125350, an individual providing human oocytes for research shall be compensated for their time, discomfort, and inconvenience in the same manner as other research participants. Payment pursuant to this section shall not be for the human oocytes themselves or predicated on the number of oocytes obtained, including if no human oocytes are obtained. Whether a proposed compensation amount is appropriate shall be determined by a human subject research panel or institutional review board. (b) A research participant providing human oocytes for research shall be provided with a summary of health and consumer issues associated with AOP as required under Section 125335, informed consent requirements as described in Section 125340, an authorized consent form containing the research participant’s signature as required under Section 24173, and the Research Participants Undergoing Oocyte Retrieval for Medical Research Purposes Bill of Rights as required under Section 12531.(c) A research program that offers compensation to research participants providing human oocytes for research pursuant to subdivision (a) is subject to the requirements of Sections 125341 and 125342, including, but not limited to, coverage for medically appropriate medical care that is required as a direct result of the procedure for research purposes, regardless of the level of compensation offered.(d) (1) A research program that offers compensation to research participants providing human oocytes shall, on or before January 16, 2023, provide aggregated deidentified information to the Legislative Analyst regarding the research participants. The research program shall advise a research participant of the data collection as part of the informed consent process required by Section 125340.(2) The aggregated deidentified information provided by a research program to the Legislative Analyst shall include all of the following:(A) The total number of candidates expressing an interest in providing human oocytes for research.(B) The total number of candidates giving written and oral informed consent for the procedure.(C) The total number of participants providing human oocytes for research.(D) Basic demographic information about the candidates and participants, including all of the following:(i) Age.(ii) Race and ethnicity.(iii) Gender, including self-identifying gender, which may include female, male, and nonbinary.(iv) Primary language, and all languages in which the research participant is proficient in both oral and written form.(v) Childbearing history, including gravida and parity.(vi) The number of times of previous oocyte donations for research and the number of times of previous oocyte donations for fertility.(vii) Education level.(viii) Income level and annual income.(ix) Amount of compensation, including expenses, for the oocyte research donation.(E) Clinical data for oocyte research candidates and participants, including all of the following:(i) Median anti-Mullerian hormone levels.(ii) Antral follicle count.(iii) Days of stimulation.(iv) Peak estradiol levels.(v) Number of oocytes retrieved.(vi) Complications, including interruption of cycles, postcycle complications, and procedure complications, and a discussion of how the complications were managed.(vii) Notable medical conditions.(viii) Summary of information obtained through followup surveys.(e) (1) The Legislative Analyst shall compile the information received pursuant to subdivision (d) and shall, on or before March 17, 2023, prepare and submit a report to the Legislature containing the aggregated deidentified information. The report shall be submitted in compliance with Section 9795 of the Government Code.(2) The Legislative Analyst’s report shall be reviewed by an institutional review board, prior to submission to the Legislature, to ensure the protection and privacy of research participants.(f) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.(Repealed and added by Stats. 2019, Ch. 864, Sec. 7. (AB 922) Effective January 1, 2020. Repealed as of January 1, 2024, by its own provisions. See later operative version added by Sec. 8 of Stats. 2019, Ch. 864.)