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Amendments › HF 2160

Amendment H-8223 to HF 2160

Relating to assisted reproduction and providing penalties

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

Filed March 22, 2022 in the House by

What it changes

  1. By striking page 1, line 1, through page 5, line 22, and inserting: “Amend House File 2160, as passed by the House, as follows:
  2. By striking everything after the enacting clause and inserting: “Section
  3. NEW SECTION . 714I.1 Short title. This chapter shall be known and may be cited as the “Fraud in Assisted Reproduction Act” . Sec.
  4. NEW SECTION . 714I.2 Definitions. For purposes of this chapter, unless the context otherwise requires:
  5. “Assisted reproduction” means a method of causing pregnancy other than sexual intercourse involving medical or scientific intervention.
  6. “Donor” means an individual who provides gametes intended for use in assisted reproduction, whether or not for consideration.
  7. “Gamete” means a sperm, an egg, or any part of a sperm or an egg.
  8. “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.
  9. “Health facility” means a hospital, clinic, sperm bank, laboratory, or other health care institution involved in the assisted reproduction process.
  10. “Human reproductive material” means a human gamete or a human organism at any stage of development from fertilized ovum to embryo.
  11. “Patient” means a person who has received or is receiving health services from a health care professional.
  12. “Physician” means an individual licensed under chapter
  13. -1- H 8123.3978 (2) 89 pf/rh 1/ 5 Sec.
  14. NEW SECTION . 714I.3 Prohibited practices and acts.
  15. 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 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.
  16. 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.
  17. a. A person that violates subsection 1 is guilty of a class “D” felony. b. A physician or health facility that violates subsection 2 is guilty of a class “C” felony.
  18. 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.
  19. 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 -2- H 8123.3978 (2) 89 pf/rh 2/ 5 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 of this section by a physician or health care professional constitutes unprofessional conduct.
  20. A person may pursue any remedy provided by law against a person that engaged in a prohibited practice or act in violation of this section.
  21. Notwithstanding any provision of law to the contrary, an action brought pursuant to this section is not subject to a statute of limitations and may be commenced at any time after the date the procedure resulting in the conception through assisted reproduction in violation of this section was performed. Sec.
  22. Section 147.55, Code 2022, is amended by adding the following new subsection: NEW SUBSECTION . 7A. Sexual abuse in the fourth degree in violation of section 709.4A. Sec.
  23. Section 692A.102, subsection 1, paragraph c, Code 2022, is amended by adding the following new subparagraph: NEW SUBPARAGRAPH . (012) Sexual abuse in the fourth degree in violation of section 709.4A. Sec.
  24. NEW SECTION . 709.4A Sexual abuse in the fourth degree —— health care professionals —— civil remedies.
  25. A health care professional commits sexual abuse in the fourth degree when the health care professional implants the health care professional’s own human reproductive material through assisted reproduction without the patient’s prior knowledge and written consent.
  26. Sexual abuse in the fourth degree is an aggravated misdemeanor.
  27. A parent-child relationship between a child and a health care professional is not created for any legal purpose upon the birth of a child born as the result of being conceived through the commission of sexual abuse in the fourth degree by a health -3- H 8123.3978 (2) 89 pf/rh 3/ 5 care professional pursuant to this section.
  28. Notwithstanding any provision of law to the contrary, in addition to any other civil remedy provided by law, a patient is entitled to damages in an amount that is the basic support obligation prescribed by the child support guidelines established pursuant to section 598.21B based on the health care professional’s monthly adjusted net income.
  29. For the purposes of this section, “assisted reproduction” , “gamete” , “health care professional” , “human reproductive material” , and “patient” mean the same as defined in section 714I.2. Sec.
  30. Section 802.2, Code 2022, is amended to read as follows: 802.2 Sexual abuse —— first, second, or third , or fourth degree.
  31. An information or indictment for sexual abuse in the first, second, or third , or fourth degree committed on or with a person who is under the age of eighteen years may be commenced at any time after the commission of the offense.
  32. An information or indictment for any other sexual abuse in the first, second, or third , or fourth degree shall be commenced within ten years after its commission, or if the person against whom the information or indictment is sought is identified through the use of a DNA profile, an information or indictment shall be commenced within three years from the date the person is identified by the person’s DNA profile, whichever is later.
  33. As used in this section , “identified” means a person’s legal name is known and the person has been determined to be the source of the DNA.”
  34. Title page, line 1, after “reproduction” by inserting “fraud”” -4- H 8123.3978 (2) 89 pf/rh 4/ 5

Official amendment (PDF) · In the Bill Book