§ 25-2-111.5. Transfer of Fetal Tissue From Induced Termination of Pregnancy – Legislative Declaration

1. The general assembly hereby finds, determines, and declares that the United States congress enacted 42 U.S.C. sec. 289g-2, prohibiting the acquisition, receipt, or other transfer of human fetal tissue for valuable consideration if the transfer affects interstate commerce. The general assembly determines and declares that the acquisition, receipt, or other transfer of human fetal tissue for valuable consideration affects intrastate commerce and is not in the public interest of the residents of Colorado. Therefore, the general assembly finds, determines, and declares that the exchange for valuable consideration of human fetal tissue should be prohibited.
2. 1. No physician or institution that performs procedures for the induced termination of pregnancy shall transfer such tissue for valuable consideration to any organization or person that conducts research using fetal tissue or that transplants fetal tissue for therapeutic purposes. For the purposes of this section, “valuable consideration” includes, but is not limited to:
      1. Any lease-sharing agreement in excess of the current market value for commercial rental property for the area in which the physician’s or institution’s place of business is located;
      2. Any lease-sharing agreement that is based on the term or number of induced terminations of pregnancy performed by such physician or institution;
      3. Any moneys, gifts in lieu of money, barter arrangements, or exchange of services that do not constitute reasonable payment associated with the transportation, implantation, processing, preservation, quality control, or storage of human fetal tissue as defined in 42 U.S.C. sec. 289g-2; or
      4. Any agreement to purchase fetal tissue for a profit.
   2. Nothing in this subsection (2) shall prevent the disposition of fetal tissue from an induced termination of pregnancy pursuant to part 4 of article 15 of this title.
3. Any physician or institution that violates subsection (2) of this section shall be fined by the state registrar not more than ten thousand dollars, depending upon the severity of the violation.
4. The department of public health and environment may promulgate rules related to enforcement activities necessary to implement subsections (2) and (3) of this section.

Source: L. 2000: Entire section added, p. 1073, § 2, effective August 2.