Bills › 89th General Assembly
Where it is now
- Done: IntroducedFebruary 23, 2021
- Done: SubcommitteeFebruary 23, 2021
- Done: Senate committeeMarch 2, 2021
- Skipped: Passes the SenateContinued as SF 529
- Next: House committee
- Next: Passes the House
- Next: To the Governor
- Next: Signed into law
Became SF 529 → Its progress continues under the new number. Go to SF 529 What’s a funnel?
What’s in it
AI summary New rules would make it a crime for doctors or health facilities to lie to patients or use different reproductive materials than what was agreed upon during assisted reproduction treatments. People who break these rules could face prison time, fines, or lose their professional licenses. Patients, their spouses, donors, or the children involved can also sue for money in court if these rules are violated.1
Read the official explanation
This bill creates the “Fraud in Assisted Reproduction Act”. The bill provides definitions for the purposes of the bill including “assisted reproduction”, “donor”, “gamete”, “health care professional”, “health facility”, “human reproductive material”, “patient”, and “physician”. _____ provides false information to a patient related to an assisted reproduction procedure or treatment. The bill prohibits a physician from using or providing human reproductive material for assisted reproduction other than that to which the patient consented in writing and prohibits a health facility from providing 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 the donor and the health facility. 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.
Changed since by amendments S-5146, S-3175, H-1413, H-1333, S-3079; see Amendments.
Senate subcommittee
Named February 23, 2021. Meeting: Tuesday, March 2 · 12:00 PM · 217 Conference Room.
Three legislators hear a bill first and recommend what the committee should do; it’s the best time to weigh in. How to take part
Fiscal note
AI summary Senate File 529 creates new criminal offenses for health care professionals who provide false information or unauthorized reproductive material during assisted reproduction procedures. The fiscal impact on the state's General Fund, including costs for the Judicial Branch, the Indigent Defense Fund, and the Department of Corrections, cannot be estimated due to a lack of existing conviction data.3
Read the fiscal note
Description
Senate File 529 creates the Fraud in Assisted Reproduction Act. The Bill prohibits the following:
- A person from engaging 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.
- A health care professional or a health facility from using or providing a patient with human reproductive material for assisted reproduction other than that to which the patient expressly consented in writing, or with human reproductive material for assisted reproduction that is not provided with the donor’s consent or in a manner other than that to which the donor consented.
A health care professional or health facility that violates these provisions is subject to license, permit, or certification revocation. A violation by a health care professional constitutes unprofessional conduct.
The Bill also provides that 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 the Fraud in Assisted Reproduction Act.
Sexual abuse in the fourth degree is punishable as an aggravated misdemeanor, or as a Class D felony if the health care professional uses or provides the health care professional’s own human reproductive material for assisted reproduction. Sexual abuse in the fourth degree is a Tier III sex offense if the perpetrator is a health care professional who used the health care professional’s own human reproductive material for assisted reproduction. The Bill provides that an information or indictment for sexual abuse in the fourth degree may be commenced at any time after the commission of the offense.
The Bill provides for a private cause of action for damages to be brought for certain violations of the Fraud in Assisted Reproduction Act.
Background
An aggravated misdemeanor is punishable by up to two years in prison and a fine of at least $855 but not more than $8,540. A Class D felony is punishable by up to five years in prison and a fine of at least $1,025 but not more than $10,245. Registration as a Tier III sex offender requires an offender to report in person to verify the offender’s registration information every three months.
Assumptions
- The following will not change over the projection period: charge, conviction, and sentencing patterns and trends; prisoner length of stay (LOS); revocation rates; plea bargaining; and other criminal justice system policies and practices.
- A lag effect of six months is assumed from the effective date of this Bill to the date of first entry of affected offenders into the correctional system.
- Marginal costs for county jails cannot be estimated due to a lack of data. For purposes of this analysis, the marginal cost for county jails is assumed to be $50 per day.
Correctional Impact
Senate File 529 establishes new criminal offenses and applies specifically to health care professionals. The correctional impact cannot be estimated for the Bill due to a lack of existing conviction data. Table 1 below shows estimates for sentencing to State prison, parole, probation, or community-based corrections (CBC) residential facilities; LOS under those supervisions; and supervision marginal costs per day for all convictions of Class D felonies and aggravated misdemeanors for sex offenses. Refer to the Legislative Services Agency (LSA) memo addressed to the General Assembly, Cost Estimates Used for Correctional Impact Statements, dated January 18, 2022, for information related to the correctional system. Table 1 — Sentencing Estimates and Length of Stay (LOS)
Minority Impact
Senate File 529 establishes new criminal offenses. As a result, the Criminal and Juvenile Justice Planning Division of the Department of Human Rights cannot use prior existing data to estimate the minority impact of the Bill. Refer to the LSA memo addressed to the General Assembly, Minority Impact Statement, dated January 18, 2022, for information related to minorities in the criminal justice system.
Fiscal Impact
Senate File 529 establishes new criminal offenses and applies specifically to health care professionals, and the fiscal impact cannot be estimated due to a lack of existing conviction data. The average State cost per offense for an aggravated misdemeanor ranges from $4,900 to $9,500. The average State cost per offense for a Class D felony ranges from $9,100 to $16,600. The estimated impact to the State General Fund includes operating costs incurred by the Judicial Branch, the Indigent Defense Fund, and the Department of Corrections. The cost would be incurred across multiple fiscal years for prison and parole supervision.Conviction
Offense Class
Percent
Ordered
to State
Prison
FY 21 Avg
LOS in
Prison in
Months (All Releases) FY 21
Marginal
Cost Per
Day
Prison
Percent
Ordered
to
Probation
Avg LOS
on
Probation
in Months FY 21 Avg
Cost Per
Day
Probation
Percent
Sentenced
to CBC
Residential
Facility
FY 21
Marginal
Cost Per
Day CBC
Percent
Ordered
to
County
Jail
Marginal
Cost Per
Day
Jail
Avg
LOS on
Parole
in
Months
FY 21
Marginal
Cost Per
Day
Parole
D Felony
(Sex Offense) 88.6% 28.1 $23.33 45.2% 41.2 $7.01 6.8% $17.78 43.8% $50.00 5.9 $7.01
Aggravated
Misdemeanor
(Sex Offense) 80.1% 14.5 $23.33 58.5% 25.0 $7.01 1.1% $17.78 74.6% $50.00 26.9 $7.01
Sources
- Criminal and Juvenile Justice Planning Division, Department of Human Rights
- Department of Corrections
- Legislative Services Agency
How the estimate changed
4- Final Fiscal Note — Fertility Fraud · June 27, 2022 · $16,600
- Fertility Fraud · May 4, 2022 · $16,600
- Fertility Fraud · May 4, 2021 · $7,800
- Fertility Fraud · March 9, 2021 · $19,200
Iowa Code it changes
Creates§714I.1§714I.2§714I.3§714I.4
Amends§709.4
Lobbying
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89th General Assembly