Bill Text: AZ SB1055 | 2021 | Fifty-fifth Legislature 1st Regular | Introduced
Bill Title: Reproductive procedures; consent; violation; liability
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-01-21 - Senate read second time [SB1055 Detail]
Download: Arizona-2021-SB1055-Introduced.html
PREFILED JAN 06 2021
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REFERENCE TITLE: reproductive procedures; consent; violation; liability |
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State of Arizona Senate Fifty-fifth Legislature First Regular Session 2021
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SB 1055 |
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Introduced by Senator Steele
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AN ACT
amending title 12, chapter 5.1, article 1, Arizona Revised Statutes, by adding section 12‑574; amending title 13, chapter 37, Arizona Revised Statutes, by adding section 13‑3731; relating to reproductive procedures.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 12, chapter 5.1, article 1, Arizona Revised Statutes, is amended by adding section 12-574, to read:
12-574. Civil liability; reproductive procedures; definitions
A. the following persons may bring a civil action against a health care provider who, in the course of performing or assisting an assisted reproduction procedure on a patient, knowingly uses gametes from a donor and the patient did not expressly consent to the use of that donor's gametes:
1. A patient who gives birth to a child after being treated through assisted reproduction by the health care provider.
2. A spouse or partner of a patient described in paragraph 1 of this subsection.
3. A surviving spouse or partner of a patient described in paragraph 1 of this subsection.
4. A child born as a result of the actions of the health care provider.
B. A plaintiff who prevails in an action pursuant to this section is entitled to reasonable attorney fees and either:
1. All damages reasonably necessary to compensate the plaintiff for any injuries suffered as a result of the health care provider's actions, including emotional or mental distress.
2. Liquidated damages of $50,000.
C. A person who brings an action pursuant to this section has a separate cause of action for each child born as a result of the assisted reproduction procedure.
D. This section does not prohibit a person from pursuing any other remedy provided by law.
E. For the purposes of this section:
1. "Assisted reproduction":
(a) means a method of causing pregnancy through means other than by sexual intercourse.
(b) Includes all of the following:
(i) Intrauterine or intracervical insemination.
(ii) Donation of eggs or sperm.
(iii) Donation of embryos.
(iv) In vitro fertilization and embryo transfer.
(v) Intracytoplasmic sperm injection.
2. "Donor" means an individual who expressly provides consent to provide donated eggs, sperm or embryos for a patient for assisted reproduction.
3. "Gametes":
(a) Means one or more cells that contain a haploid complement of deoxyribonucleic acid and that have the potential to form an embryo when combined with another gamete.
(b) Includes sperm and eggs.
(c) May consist of nuclear deoxyribonucleic acid from one human being combined with the cytoplasm, including cytoplasmic deoxyribonucleic acid, of another human being.
4. "Health care provider" means any individual who is authorized to practice some component of the healing arts and who is licensed, certified or registered pursuant to title 32.
Sec. 2. Title 13, chapter 37, Arizona Revised Statutes, is amended by adding section 13-3731, to read:
13-3731. Misuse of gametes; classification; definitions
A. A health care provider commits misuse of gametes if the health care provider knowingly treats or assists in the treatment of a patient through assisted reproduction by using gametes from a donor and the patient did not expressly consent to the use of that donor's gametes.
B. Misuse of gametes is a class 6 felony.
C. For the purposes of this section:
1. "Assisted reproduction":
(a) means a method of causing pregnancy through means other than by sexual intercourse.
(b) Includes all of the following:
(i) Intrauterine or intracervical insemination.
(ii) Donation of eggs or sperm.
(iii) Donation of embryos.
(iv) In vitro fertilization and embryo transfer.
(v) Intracytoplasmic sperm injection.
2. "Donor" means an individual who expressly provides consent to provide donated eggs, sperm or embryos for a patient for assisted reproduction.
3. "Gametes":
(a) Means one or more cells that contain a haploid complement of deoxyribonucleic acid and that have the potential to form an embryo when combined with another gamete.
(b) Includes sperm and eggs.
(c) May consist of nuclear deoxyribonucleic acid from one human being combined with the cytoplasm, including cytoplasmic deoxyribonucleic acid, of another human being.
4. "Health care provider" means any individual who is authorized to practice some component of the healing arts and who is licensed, certified or registered pursuant to title 32.
