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Amendments › HF 2160

Amendment H-8123 to HF 2160

Relating to assisted reproduction and providing penalties

Adopted · April 4, 2022Strike everything: replaces the whole bill

Filed March 2, 2022 in the House by

What it changes

  1. By striking everything after the enacting clause and inserting: “Section
  2. NEW SECTION . 714I.1 Short title. This chapter shall be known and may be cited as the “Fraud in Assisted Reproduction Act” . Sec.
  3. NEW SECTION . 714I.2 Definitions. For purposes of this chapter, unless the context otherwise requires:
  4. “Assisted reproduction” means a method of causing pregnancy other than sexual intercourse.
  5. “Donor” means an individual who provides gametes intended for use in assisted reproduction, whether or not for consideration.
  6. “Gamete” means a sperm, an egg, or any part of a sperm or an egg.
  7. “Health care professional” means a person who is licensed, certified, or otherwise authorized or permitted by the law of this state to administer health care in the ordinary course of business or in the practice of a profession.
  8. “Health facility” means a hospital, clinic, sperm bank, laboratory, or other health care institution involved in the assisted reproduction process.
  9. “Human reproductive material” means a human gamete or a human organism at any stage of development from fertilized ovum to embryo.
  10. “Patient” means a person who has received or is receiving health services from a health care professional.
  11. “Physician” means an individual licensed under chapter
  12. Sec.
  13. NEW SECTION . 714I.3 Prohibited practices and acts.
  14. A person shall not engage in a practice or act the person knows or reasonably should have known provides false information to a patient related to an assisted reproduction procedure or treatment including false information relating to -1- HF 2160.3534.S (1) 89 mb 1/ 5 any of the following: a. The human reproductive material used or provided for assisted reproduction. b. The identity of a donor of human reproductive material used or provided for assisted reproduction including but not limited to the donor’s name, birthdate, or address at the time of donation. c. A donor’s medical history including but not limited to an illness of the donor at the time of donation, any past illness of the donor, or the social, genetic, or family history of the donor.
  15. A physician or a health facility shall not knowingly or intentionally do any of the following: a. Use or provide a patient with human reproductive material for assisted reproduction other than that to which the patient expressly consented in writing. b. Use or provide a patient with human reproductive material for assisted reproduction that is not provided with the donor’s consent or in a manner or to an extent other than that to which the donor consented.
  16. a. A person that violates subsection 1 is guilty of a class “D” felony, punishable by the applicable maximum years of confinement and maximum fine. b. A physician or health facility that violates subsection 2 is guilty of a class “C” felony, punishable by the applicable maximum years of confinement and maximum fine.
  17. It is not a defense to a violation of this section that a patient expressly consented in writing to the use of human reproductive material from an anonymous donor.
  18. A violation of this section by a physician, health care professional, or health facility is grounds for denial of an application for, denial of renewal of, or revocation of any license, permit, certification, or any other form of permission required to practice a profession or establish, conduct, or maintain a facility regulated by the state. A violation -2- HF 2160.3534.S (1) 89 mb 2/ 5 of this section by a physician or health care professional constitutes unprofessional conduct. Sec.
  19. NEW SECTION . 714I.4 Private right of action —— damages.
  20. Any of the following persons may bring a cause of action for compensatory and punitive damages against any person that engaged in a prohibited practice or act in violation of this chapter: a. The patient who conceives or conceives and gives birth to a child conceived through assisted reproduction in violation of this chapter. b. The spouse of a patient at the time the patient utilized assisted reproduction services, if the patient conceives or conceives and gives birth to a child conceived through assisted reproduction in violation of this chapter. c. A child born as the result of being conceived through assisted reproduction in violation of this chapter. d. A donor whose human reproductive material resulted in the conception or conception and birth of a child conceived through assisted reproduction in violation of this chapter or whose human reproductive material was used without the donor’s consent or in a manner or to an extent other than that to which the donor consented.
  21. a. A patient or the spouse of a patient has a separate cause of action under this section for each conception or conception and birth of a child resulting from assisted reproduction performed on the patient in violation of this chapter. b. A donor has a separate cause of action under this section for each conception or conception and birth of a child conceived through assisted reproduction in violation of this chapter using the donor’s human reproductive material, and for each instance in which the donor’s human reproductive material was used without the donor’s consent or in a manner or to an extent other than that to which the donor consented. -3- HF 2160.3534.S (1) 89 mb 3/ 5
  22. In an action brought under this section, in addition to any compensatory and punitive damages, the court shall award the prevailing plaintiff the costs of any applicable fertility treatments, court costs, and reasonable attorney fees. Sec.
  23. NEW SECTION . 714I.5 Statute of limitations —— other remedies.
  24. Notwithstanding any provision of law to the contrary, an action brought pursuant to this chapter may be commenced: a. Within ten years after the eighteenth birthday of a child conceived through assisted reproduction as the result of a violation of this chapter. b. If paragraph “a” does not apply, within twenty years from the date the procedure resulting in the conception through assisted reproduction in violation of this chapter was performed. c. If paragraph “a” or “b” does not apply, or if an action would otherwise be barred because the statute of limitations under paragraph “a” or “b” is exhausted, an action under this chapter may be commenced within five years of any of the following, whichever occurs latest: (1) The date the person bringing the action first discovers evidence sufficient to bring an action against the defendant identified through the use of an analysis of a DNA profile as defined in section 81.1. As used in this subparagraph, “identified” means a person’s legal name is known and the person has been determined to be the source of the DNA. (2) The date the person bringing the action first discovers the existence of a recording that provides evidence sufficient to bring an action against the defendant. (3) The date the defendant admits to the facts giving rise to the action.
  25. This chapter shall not be construed to prohibit a person from pursuing any other remedy provided by law. Sec.
  26. Section 147.55, Code 2022, is amended by adding the following new subsection: -4- HF 2160.3534.S (1) 89 mb 4/ 5 NEW SUBSECTION . 7A. Unprofessional conduct constituted by sexual abuse in the third degree in violation of section 709.4, subsection 1A, or a violation of section 714I.3. Sec.
  27. Section 692A.102, subsection 1, paragraph c, Code 2022, is amended by adding the following new subparagraph: NEW SUBPARAGRAPH . (11A) Sexual abuse in the third degree in violation of section 709.4, subsection 1A. Sec.
  28. Section 709.4, Code 2022, is amended by adding the following new subsection: NEW SUBSECTION . 1A. A physician commits sexual abuse in the third degree when the physician violates chapter 714I by knowingly and intentionally implanting the physician’s own human reproductive material through assisted reproduction without the patient’s prior knowledge and express written consent. It is not a defense to a violation of chapter 714I under this subsection that a patient expressly consented in writing to the use of human reproductive material from an anonymous donor. For the purposes of this subsection, “assisted reproduction” , “human reproductive material” , “patient” , and “physician” mean the same as defined in section 714I.2.”
  29. Title page, line 1, after “reproduction” by inserting “fraud,” -5- HF 2160.3534.S (1) 89 mb 5/ 5

Official amendment (PDF) · In the Bill Book