(a) All donors of sperm shall be screened and found nonreactive by laboratory tests for evidence of infection pursuant to section 1644.5(a) of the Health and Safety Code, prior to initiation of insemination or ART services.

(b) For a serodiscordant donor and recipient in which the recipient tests nonreactive and the donor tests reactive for HIV or HTLV, the facility providing insemination or ART services shall be responsible for the following:

(c) A facility providing insemination or ART services shall only use sperm from a donor who has tested reactive for HIV or HTLV when the sperm is processed according to the standards set forth in “Recommendations for Reducing the Risk of Viral Transmission During Fertility Treatment with the Use of Autologous Gametes: A Committee Opinion,” published by the American Society for Reproductive Medicine (ASRM) in 2013, incorporated by reference herein. The “Recommendations for Reducing the Risk of Viral Transmission During Fertility Treatment with the Use of Autologous Gametes: A Committee Opinion,” is available at http://www.asrm.org/globalassets/asrm/asrmcontent/news-and-publications/practice-guidelines/for-non-members/recs_for_reducingrisk-of-viral-transmission-noprint.pdf.

(d) Any amendments to the 2013 publication of “Recommendations for Reducing the Risk of Viral Transmission During Fertility Treatment with the Use of Autologous Gametes: A Committee Opinion,” any later editions, or any amendments thereto, published by ASRM shall become effective for all department-licensed facilities providing insemination or ART services 90 days after publication by ASRM, unless the department provides written notice to the contrary to all such facilities. The “Recommendations for Reducing the Risk of Viral Transmission During Fertility Treatment with the Use of Autologous Gametes: A Committee Opinion,” is available at http://www.asrm.org/globalassets/asrm/asrm-content/news-and-publications/practiceguidelines/for-non-members/recs_for_reducing-risk-of-viral-transmission-noprint.pdf.