Bill Text: IA SSB1223 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to assisted reproduction fraud, and providing penalties.(See SF 529.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2021-03-02 - Committee report approving bill, renumbered as SF 529. [SSB1223 Detail]
Download: Iowa-2021-SSB1223-Introduced.html
Senate
Study
Bill
1223
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
HUMAN
RESOURCES
BILL
BY
CHAIRPERSON
EDLER)
A
BILL
FOR
An
Act
relating
to
assisted
reproduction
fraud,
and
providing
1
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
NEW
SECTION
.
714I.1
Short
title.
1
This
chapter
shall
be
known
and
may
be
cited
as
the
“Fraud
2
in
Assisted
Reproduction
Act”
.
3
Sec.
2.
NEW
SECTION
.
714I.2
Definitions.
4
For
purposes
of
this
chapter,
unless
the
context
otherwise
5
requires:
6
1.
“Assisted
reproduction”
means
a
method
of
causing
7
pregnancy
other
than
sexual
intercourse.
8
2.
“Donor”
means
an
individual
who
provides
gametes
9
intended
for
use
in
assisted
reproduction,
whether
or
not
for
10
consideration.
11
3.
“Gamete”
means
a
sperm,
an
egg,
or
any
part
of
a
sperm
12
or
an
egg.
13
4.
“Health
care
professional”
means
a
person
who
is
14
licensed,
certified,
or
otherwise
authorized
or
permitted
by
15
the
law
of
this
state
to
administer
health
care
in
the
ordinary
16
course
of
business
or
in
the
practice
of
a
profession.
17
5.
“Health
facility”
means
a
hospital,
clinic,
sperm
bank,
18
laboratory,
or
other
health
care
institution
involved
in
the
19
assisted
reproduction
process.
20
6.
“Human
reproductive
material”
means
a
human
gamete
or
a
21
human
organism
at
any
stage
of
development
from
fertilized
ovum
22
to
embryo.
23
7.
“Patient”
means
a
person
who
has
received
or
is
receiving
24
health
services
from
a
health
care
professional.
25
8.
“Physician”
means
an
individual
licensed
under
chapter
26
148.
27
Sec.
3.
NEW
SECTION
.
714I.3
Prohibited
practices
and
acts.
28
1.
A
person
shall
not
engage
in
a
practice
or
act
the
29
person
knows
or
reasonably
should
have
known
provides
false
30
information
to
a
patient
related
to
an
assisted
reproduction
31
procedure
or
treatment
including
false
information
relating
to
32
any
of
the
following:
33
a.
The
human
reproductive
material
used
or
provided
for
34
assisted
reproduction.
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b.
The
identity
of
a
donor
of
human
reproductive
material
1
used
or
provided
for
assisted
reproduction
including
but
not
2
limited
to
the
donor’s
name,
birthdate,
or
address
at
the
time
3
of
donation.
4
c.
A
donor’s
medical
history
including
but
not
limited
to
an
5
illness
of
the
donor
at
the
time
of
donation,
any
past
illness
6
of
the
donor,
or
the
social,
genetic,
or
family
history
of
the
7
donor.
8
2.
A
physician
shall
not
use
or
provide
a
patient
with
human
9
reproductive
material
for
assisted
reproduction
other
than
that
10
to
which
the
patient
consented
in
writing.
11
3.
A
health
facility
shall
not
provide
a
patient
with
12
human
reproductive
material
for
assisted
reproduction
other
13
than
that
agreed
to
in
writing
between
the
patient
and
the
14
health
facility
or
that
is
not
provided
in
compliance
with
the
15
agreement
between
the
donor
and
the
health
facility.
16
4.
A
person
who
violates
this
section
is
guilty
of
a
class
17
“C”
felony.
18
5.
A
violation
of
this
section
by
a
physician,
health
care
19
professional,
or
health
facility
is
grounds
for
denial
of
an
20
application
for,
denial
of
renewal
of,
or
revocation
of
any
21
license,
permit,
certification,
or
any
other
form
of
permission
22
required
to
practice
a
profession
or
establish,
conduct,
or
23
maintain
a
facility
regulated
by
the
state.
24
Sec.
4.
NEW
SECTION
.
714I.4
Private
right
of
action
——
25
damages
——
statute
of
limitations.
26
1.
Any
of
the
following
persons
may
bring
a
cause
of
action
27
for
compensatory
and
punitive
damages
against
any
person
that
28
engaged
in
a
prohibited
practice
or
act
in
violation
of
this
29
chapter:
30
a.
The
patient
who
gives
birth
to
a
child
conceived
through
31
assisted
reproduction
as
a
result
of
a
violation
of
this
32
chapter.
33
b.
The
spouse
of
a
patient
at
the
time
the
patient
utilized
34
assisted
reproduction
services,
when
the
patient
gives
birth
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to
a
child
conceived
through
assisted
reproduction
as
a
result
1
of
a
violation
of
this
chapter.
2
c.
A
child
conceived
through
assisted
reproduction
as
a
3
result
of
a
violation
of
this
chapter.
4
d.
A
donor
whose
human
reproductive
material
resulted
in
the
5
birth
of
a
child
conceived
through
assisted
reproduction
as
a
6
result
of
a
violation
of
this
chapter.
7
2.
Each
child
born
as
a
result
of
a
violation
of
this
8
chapter
constitutes
the
basis
for
a
separate
cause
of
action.
9
3.
In
an
action
brought
under
this
chapter,
the
court
may
10
award
the
prevailing
party
court
costs
and
reasonable
attorney
11
fees.
12
4.
An
action
brought
pursuant
to
this
chapter
shall
be
13
brought
within
three
years
after
the
discovery
of
a
violation
14
of
this
chapter
by
the
person
bringing
the
action.
15
Sec.
5.
Section
709.4,
Code
2021,
is
amended
by
adding
the
16
following
new
subsection:
17
NEW
SUBSECTION
.
1A.
A
physician
commits
sexual
abuse
18
in
the
third
degree
when
the
physician
violates
chapter
19
714I
by
implanting
the
physician’s
own
human
reproductive
20
material
through
assisted
reproduction
without
the
patient’s
21
prior
knowledge
and
written
consent.
For
the
purposes
of
22
this
subsection,
“assisted
reproduction”
,
“human
reproductive
23
material”
,
“patient”
,
and
“physician”
mean
the
same
as
defined
24
in
section
714I.2.
25
EXPLANATION
26
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
27
the
explanation’s
substance
by
the
members
of
the
general
assembly.
28
This
bill
creates
the
“Fraud
in
Assisted
Reproduction
Act”.
29
The
bill
provides
definitions
for
the
purposes
of
the
bill
30
including
“assisted
reproduction”,
“donor”,
“gamete”,
“health
31
care
professional”,
“health
facility”,
“human
reproductive
32
material”,
“patient”,
and
“physician”.
33
The
bill
prohibits
a
person
from
engaging
in
a
practice
34
or
act
the
person
knows
or
reasonably
should
have
known
35
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provides
false
information
to
a
patient
related
to
an
assisted
1
reproduction
procedure
or
treatment.
2
The
bill
prohibits
a
physician
from
using
or
providing
3
human
reproductive
material
for
assisted
reproduction
other
4
than
that
to
which
the
patient
consented
in
writing
and
5
prohibits
a
health
facility
from
providing
a
patient
with
6
human
reproductive
material
for
assisted
reproduction
other
7
than
that
agreed
to
in
writing
between
the
patient
and
the
8
health
facility
or
that
is
not
provided
in
compliance
with
the
9
agreement
between
the
donor
and
the
health
facility.
10
A
person
who
violates
these
provisions
of
the
bill
is
guilty
11
of
a
class
“C”
felony.
A
class
“C”
felony
is
punishable
by
12
confinement
for
no
more
than
10
years
and
a
fine
of
at
least
13
$1,370
but
not
more
than
$13,660.
14
Additionally,
a
violation
of
these
provisions
of
the
bill
15
by
a
physician,
health
care
professional,
or
health
facility
16
is
grounds
for
denial
of
an
application
for,
denial
of
renewal
17
of,
or
revocation
of
any
license,
permit,
certification,
or
any
18
other
form
of
permission
required
to
practice
a
profession
or
19
to
establish,
conduct,
or
maintain
a
facility
regulated
by
the
20
state.
21
The
bill
provides
for
a
private
cause
of
action
to
be
brought
22
for
compensatory
and
punitive
damages
against
any
person
that
23
engaged
in
a
prohibited
practice
or
act
in
violation
of
the
24
bill.
The
cause
of
action
may
be
brought
by
the
patient
who
25
gives
birth
to
a
child
conceived
through
assisted
reproduction
26
as
a
result
of
a
violation
of
the
bill;
the
spouse
of
a
patient
27
at
the
time
the
patient
utilized
assisted
reproduction
services
28
when
the
patient
gives
birth
to
a
child
conceived
through
29
assisted
reproduction
as
a
result
of
a
violation
of
the
bill;
a
30
child
conceived
through
assisted
reproduction
as
a
result
of
31
a
violation
of
the
bill;
or
a
donor
whose
human
reproductive
32
material
resulted
in
the
birth
of
a
child
conceived
through
33
assisted
reproduction
as
a
result
of
a
violation
of
the
34
bill.
Each
child
born
as
a
result
of
a
violation
of
the
bill
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constitutes
the
basis
for
a
separate
cause
of
action.
The
1
bill
provides
for
the
payment
of
court
costs
and
reasonable
2
attorney
fees
for
the
prevailing
party
in
an
action
brought
3
under
the
bill
and
requires
that
an
action
brought
pursuant
to
4
the
bill
be
brought
within
three
years
after
the
discovery
of
a
5
violation
of
the
bill
by
the
person
bringing
the
action.
6
The
bill
also
provides
that
a
physician
commits
sexual
abuse
7
in
the
third
degree
when
the
physician
violates
the
bill
by
8
implanting
the
physician’s
own
human
reproductive
material
9
through
assisted
reproduction
without
the
patient’s
prior
10
knowledge
and
written
consent.
Sexual
abuse
in
the
third
11
degree
is
also
a
class
“C”
felony.
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