CHAPTER 335
FORMERLY
HOUSE BILL NO. 637
AN ACT TO AMEND TITLE 16, DELAWARE CODE TO ESTABLISH A REGISTRY OF ALL SPERM BANKS AND TISSUE BANKS; TESTING OF DONORS; PENALTIES.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each House thereof concurring therein):
Section 1. Amend Title 16, Delaware Code by adding a new chapter thereto which shall read as follows:
"Chapter 28, Sperm Bank and Tissue Bank Registry; Testing of Donors; Penalties.
§2801. (a) The Board of Health shall establish a registry of all sperm banks and tissue banks operating in this State. All sperm banks and tissue banks operating in this State shall register with the Board by May 1 of each year. Any person, hospital, clinic, corporation, partnership or other legal entity which operates a sperm bank or tissue bank in this State and falls to register with the Board pursuant to this Section shall be subject to a fine of $5000.
(b) All donors of semen for purposes of artificial insemination, or donors of corneas, bones, organs, or other human tissue for the purpose of injecting, transfusing or transplanting any of them in the human body, shall be tested for evidence of exposure to human immunodeficiency virus (HIV) and any other identified causative agent of acquired immunodeficiency syndrome (AIDS) at the time of or after the donation, but prior to the semen, corneas, bones, organs, or other human tissue being made available for such use. However, when in the opinion of the attending physician the life of a recipient of a bone, organ or other human tissue donation would be jeopardized by delays caused by testing for evidence for exposure to HIV and any other causative agent of AIDS, testing shall not be required prior to the life-saving measures.
(c) No person may Intentionally, knowingly, recklessly or negligently use the semen, corneas, bones, organs or other human tissue of a donor unless the requirements of subsection (b) have been met. No person may knowingly, recklessly, intentionally use the semen, corneas, bones, organs or other human tissue of a donor who has tested positive for exposure to HIV or any other identified causative agent of AIDS. Violation of this subsection (c) shall be a Class E felony.
(d) For the purposes of this Section, "tissue bank" means any facility or program that is involved in procuring, furnishing, donating, processing or distributing corneas, bones, organs, or other human tissue for the purpose of injecting, transfusing or transplanting any of them In the human body.
Approved July 11, 1988.