What changed in SF 529

7 passages reworded, 52 added and 11 removed; 20 of 90 unchanged.

Removed AddedIntroduced textText as passedAmendments

Section 1.

NEW SECTION. 714I.2 Definitions. For purposes of this chapter, unless the context otherwise requires:

1. “Assisted reproduction” means a method of causing pregnancy other than sexual intercourse. intercourse involving medical or scientific intervention.

2. “Donor” means an individual who provides gametes intended for use in assisted reproduction, whether or not for consideration.

6. “Human reproductive material” means a human gamete or a human organism at any stage of development from fertilized ovum to embryo.

7. “Live birth” means the same as defined in section 144.1.

7. 8. “Patient” means a person who has received or is receiving health services from a health care professional.

8. “Physician” means an individual licensed under chapter 148.

9. “Spouse” means the spouse of a patient who undergoes assisted reproduction at the time of conception, birth, or at any time during the period between conception and birth of a child through assisted reproduction.

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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.

2. A health care professional or a health facility shall not knowingly or intentionally do any of the following:

2. A physician shall not use a. Use or provide a patient with human reproductive material for assisted reproduction other than that to which the patient expressly consented in writing.

3. A health facility shall not b. Use or provide a patient with human reproductive material for assisted reproduction other than that agreed to in writing between the patient and the health facility or that is not provided in compliance with the agreement between donor’s consent or in a manner or to an extent other than that to which the donor and the health facility. consented.

4. A person who violates this section is guilty of a class “C” felony.

3. 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.

5. 4. A violation of this section by a physician, health care professional, professional or health facility is constitutes 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 of this section by a health care professional constitutes unprofessional conduct.

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4.

NEW SECTION. 714I.4 Private right of action —— damages —— statute of limitations. damages.

1. A cause of action for damages against any person in violation of section 714I.3, subsection 2, may be brought in accordance with the following:

a.

(1) (a) By the patient or the spouse of the patient, if the patient conceives and gives birth to a child through assisted reproduction in violation of section 714I.3, subsection 2.

(b) By a child born as the result of being conceived through assisted reproduction in violation of section 714I.3, subsection 2, if the patient who conceived and gave birth to such child or the patient’s spouse is deceased or is otherwise unable to bring such cause of action.

(2) A patient, or the spouse of the patient, has a separate cause of action under this paragraph “a” for each conception and birth of a child through assisted reproduction performed in violation of section 714I.3, subsection 2.

b.

(1) By the patient or the spouse of the patient, if the patient conceives through assisted reproduction in violation of section 714I.3, subsection 2, but the conception does not result in the live birth of the child.

(2) A cause of action is barred under this paragraph “b” if the conception does not result in a live birth because of an induced termination of pregnancy required to be reported pursuant to section 144.29A or because the patient or the patient’s spouse intentionally terminates the pregnancy in violation of section 707.7.

2. A cause of action for damages may be brought by a donor whose human reproductive material resulted in the conception or conception and birth of a child conceived through assisted reproduction in violation of section 714I.3 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 in violation of section 714I.3.

3. In addition to compensatory or punitive damages, a prevailing plaintiff who brings an action under subsection 1, paragraph “a”, is entitled to all of the following:

a.

(1) If the health care professional used the health care professional’s own human reproductive material for assisted reproduction in violation of section 714I.3, subsection 2, the health care professional is determined through blood or genetic testing to be a biological parent as defined in section 600A.2 of the child, and the action is brought within the time limitations specified in section 614.8, damages in an amount that is the sum of all of the following:

(a) 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 for the time period specified for support for a child under section 598.1, subsection 9.

(b) Medical support as defined in section 252E.1.

(c) A postsecondary education subsidy as defined in section 598.1.

(d) Such other sums as described in section 252A.3, subsection 12, giving due regard to the circumstances of the plaintiff.

(2) A determination that the health care professional is a biological parent of the child or the awarding of damages under this paragraph “a” does not create a parent-child relationship between the child and the health care professional for any legal purpose.

b. Statutory damages in the amount of two hundred thousand dollars. Such damages shall be awarded to the prevailing plaintiff regardless of whether the child born as the result of being conceived through assisted reproduction in violation of section 714I.3, subsection 2, is deceased at the time the civil action is commenced or at the time a violation is found.

c. Costs attributable to the assisted reproduction procedure or treatment process.

d. Court costs.

e. Reasonable attorney fees.

4. In addition to compensatory or punitive damages, a prevailing plaintiff who brings an action under subsection 1, paragraph “b”, is entitled to all of the following:

a. Statutory damages in the amount of five thousand dollars.

1. 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:

b. Costs attributable to the assisted reproduction procedure or treatment process.

a. The patient who gives birth to a child conceived through assisted reproduction as a result of a violation of this chapter.

c. Court costs.

b. The spouse of a patient at the time the patient utilized assisted reproduction services, when the patient gives birth to a child conceived through assisted reproduction as a result of a violation of this chapter.

d. Reasonable attorney fees.

c. A child conceived through assisted reproduction as a result of a violation of this chapter.

5. In addition to compensatory or punitive damages, a prevailing plaintiff who brings an action under subsection 2 is entitled to all of the following:

d. A donor whose human reproductive material resulted in the birth of a child conceived through assisted reproduction as a result of a violation of this chapter.

a. Statutory damages in the amount of five thousand dollars.

2. Each child born as a result of a violation of this chapter constitutes the basis for a separate cause of action.

b. Court costs.

3. In an action brought under this chapter, the court may award the prevailing party court costs and reasonable attorney fees.

c. Reasonable attorney fees.

4. An action brought pursuant to this chapter shall be brought within three years after the discovery of a violation of this chapter by the person bringing the action.

6. 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.

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5. Section 709.4, 147.55, Code 2021, 2022, is amended by adding the following new subsection: subsections:

NEW SUBSECTION. 7A. Sexual abuse in the fourth degree in violation of section 709.4A.

NEW SUBSECTION. 7B. Fraud in assisted reproduction in violation of section 714I.3.

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6. 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, subsection 3, if the perpetrator is a health care professional as defined in section 714I.2, who used the health care professional’s own human reproductive material for assisted reproduction in violation of section 714I.3, subsection 2.

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7.

NEW SECTION. 709.4A Sexual abuse in the fourth degree —— health care professionals.

1. A health care professional commits sexual abuse in the fourth degree when the health care professional uses or provides a patient with human reproductive material for assisted reproduction other than that to which the patient expressly consented in writing in violation of section 714I.3, subsection 2.

2. Sexual abuse in the fourth degree is an aggravated misdemeanor.

3.

a. Notwithstanding subsection 2, sexual abuse in the fourth degree is a class “D” felony if the health care professional uses or provides the health care professional’s own human reproductive material for assisted reproduction in violation of section 714I.3, subsection 2.

b. A parent-child relationship between a child and a health care professional is not created for any legal purpose when the child is born as the result of being conceived through commission of sexual abuse in the fourth degree as described in this subsection.

4. 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.

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8.

NEW SUBSECTION. 1A. A physician commits sexual abuse in the third degree when the physician violates chapter 714I by implanting the physician’s own human reproductive material through assisted reproduction without the patient’s prior knowledge and written consent. For the purposes of this subsection, “assisted reproduction”, “human reproductive material”, “patient”, and “physician” mean the same as defined in section 714I.2.

NEW SECTION. 802.2E Sexual abuse —— fourth degree. An information or indictment for sexual abuse in the fourth degree may be commenced at any time after the commission of the offense.