SB 24-223

Senate Bill 24-223, which has been signed into law and is now effective, changes the licensing requirements for fertility clinics in Colorado. It delays the start date for these clinics to obtain a license from January 1, 2025, to July 1, 2025, and requires clinics outside of Colorado to disclose donor identities when providing services to Coloradans. The bill also mandates that applicants for licenses submit proof of compliance with licensing rules and sets aside $125,000 annually starting in fiscal year 2025-26 to support the fund overseeing these clinics. This law affects fertility clinics both within and outside Colorado that serve residents of the state.

Official Summary

Current law requires a gamete agency, gamete bank, or fertility clinic (clinic) to obtain a license from the department of public health and environment (department) on or after January 1, 2025, before the clinic may match or provide gametes or embryos to recipients in Colorado. The act extends this deadline to July 1, 2025. The act requires that a clinic located outside of Colorado shall not match intended recipients located in Colorado with donors, or provide gametes to a recipient parent or parents located in Colorado or to the recipient parent's medical provider located in Colorado, from a donor who does not agree to the disclosure of the donor's identity. The act adds a requirement that applicants for an original and renewal license must submit documentation to demonstrate compliance with licensing requirements. Subject to available appropriations, the department may, as it deems necessary, perform on-site inspections or complaint investigations of clinics located outside of Colorado. The act extends the deadline for rule-making regarding clinics from July 1, 2024, to January 1, 2025. The act requires that, beginning in fiscal year 2025-26, the general assembly annually appropriate $125,000 to the gamete agency, gamete bank, or fertility clinic fund. APPROVED by Governor May 22, 2024 EFFECTIVE May 22, 2024(Note: This summary applies to this bill as enacted.)

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