SSB 1223

A person who violates these provisions of the bill is guilty of a class “C” felony. A class “C” felony is punishable by confinement for no more than years and a fine of at least $1,370 but not more than $13,660. Additionally, a violation of these provisions of the bill 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 to establish, conduct, or maintain a facility regulated by the state. The bill provides for a private cause of action to be brought for compensatory and punitive damages against any person that engaged in a prohibited practice or act in violation of the bill. The cause of action may be brought by the patient who gives birth to a child conceived through assisted reproduction as a result of a violation of the bill; 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 the bill; a child conceived through assisted reproduction as a result of a violation of the bill; or a donor whose human reproductive material resulted in the birth of a child conceived through assisted reproduction as a result of a violation of the bill. _____ constitutes the basis for a separate cause of action. The bill provides for the payment of court costs and reasonable attorney fees for the prevailing party in an action brought under the bill and requires that an action brought pursuant to the bill be brought within three years after the discovery of a violation of the bill by the person bringing the action. The bill also provides that a physician commits sexual abuse in the third degree when the physician violates the bill by implanting the physician’s own human reproductive material through assisted reproduction without the patient’s prior knowledge and written consent. Sexual abuse in the third degree is also a class “C” felony.