§ 40:1121.3 — Testing of donors of semen specimens; use of specimens; penalties

Louisiana § 40:1121.3

• Jurisdiction: Louisiana
• Title 40: Public Health and Safety

Text

§1121.3. Testing of donors of semen specimens; use of specimens; penalties
A. No public or private health facility, agency, or physician which provides human
artificial insemination services on an anonymous basis shall use fresh semen specimens. The
provisions of this Section shall not be construed or interpreted in any way to prohibit the use
of a wife's spouse's semen for artificial insemination purposes.
B. A health facility, agency, or physician which provides human artificial
insemination services on an anonymous basis using frozen semen shall test each semen donor
for the presence in the donor of HIV-1 antibodies, which have been associated with acquired
immune deficiency syndrome (AIDS). The donated semen shall be stored and quarantined
until the HIV-1 antibodies test and a second test six months from the date of donation are
completed. A regular donor may be tested for the presence of HIV-1 antibodies on a regular
basis, but shall be tested at least once every six months. A health facility, agency, or
physician shall not accept or use for artificial insemination purposes:
(1) Any semen specimen, except that of a wife's spouse, from a donor who has not
been subjected to an initial HIV-1 antibodies test which produced a negative result and
subjected to a second test six months later which produced a negative result; or
(2) Any semen specimen from a donor whose first or subsequent HIV-1 antibodies
test result is positive, unless a corroborative HIV-1 test provides evidence that the positive
HIV-1 test result was a false positive reaction.
C. The results of the tests performed pursuant to this Section shall be released only
to the subject of the test; the subject's treating physician; or the office of public health of the
Louisiana Department of Health for the limited purpose of statistical summary and analysis.
D. The Louisiana Department of Health shall promulgate rules to implement the
provisions of this Section.
E. A health facility, agency, or physician which violates any of the provisions of this
Section shall be fined not more than two thousand dollars, and shall be liable for damages
in a civil action.

Legislative History

Acts 1988, No. 680, §1; Redesignated from R.S. 40:1062.1 by HCR 84 of 2015 R.S.