Bill Text: IA SF529 | 2021-2022 | 89th General Assembly | Enrolled
Bill Title: A bill for an act relating to assisted reproduction fraud, and providing penalties. (Formerly SSB 1223.) Effective date: 07/01/2022.
Spectrum: Committee Bill
Status: (Passed) 2022-06-27 - Fiscal note. [SF529 Detail]
Download: Iowa-2021-SF529-Enrolled.html
Senate
File
529
-
Enrolled
Senate
File
529
AN
ACT
RELATING
TO
ASSISTED
REPRODUCTION
FRAUD,
AND
PROVIDING
PENALTIES.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
NEW
SECTION
.
714I.1
Short
title.
This
chapter
shall
be
known
and
may
be
cited
as
the
“Fraud
in
Assisted
Reproduction
Act”
.
Sec.
2.
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
involving
medical
or
scientific
intervention.
2.
“Donor”
means
an
individual
who
provides
gametes
intended
for
use
in
assisted
reproduction,
whether
or
not
for
consideration.
3.
“Gamete”
means
a
sperm,
an
egg,
or
any
part
of
a
sperm
or
an
egg.
4.
“Health
care
professional”
means
a
person
who
is
licensed,
certified,
or
otherwise
authorized
or
permitted
by
the
law
of
this
state
to
administer
health
care
in
the
ordinary
course
of
business
or
in
the
practice
of
a
profession.
5.
“Health
facility”
means
a
hospital,
clinic,
sperm
bank,
laboratory,
or
other
health
care
institution
involved
in
the
assisted
reproduction
process.
6.
“Human
reproductive
material”
means
a
human
gamete
or
a
Senate
File
529,
p.
2
human
organism
at
any
stage
of
development
from
fertilized
ovum
to
embryo.
7.
“Live
birth”
means
the
same
as
defined
in
section
144.1.
8.
“Patient”
means
a
person
who
has
received
or
is
receiving
health
services
from
a
health
care
professional.
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.
Sec.
3.
NEW
SECTION
.
714I.3
Prohibited
practices
and
acts.
1.
A
person
shall
not
engage
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
including
false
information
relating
to
any
of
the
following:
a.
The
human
reproductive
material
used
or
provided
for
assisted
reproduction.
b.
The
identity
of
a
donor
of
human
reproductive
material
used
or
provided
for
assisted
reproduction
including
but
not
limited
to
the
donor’s
name,
birthdate,
or
address
at
the
time
of
donation.
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:
a.
Use
or
provide
a
patient
with
human
reproductive
material
for
assisted
reproduction
other
than
that
to
which
the
patient
expressly
consented
in
writing.
b.
Use
or
provide
a
patient
with
human
reproductive
material
for
assisted
reproduction
that
is
not
provided
with
the
donor’s
consent
or
in
a
manner
or
to
an
extent
other
than
that
to
which
the
donor
consented.
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.
4.
A
violation
of
this
section
by
a
health
care
professional
or
health
facility
constitutes
grounds
for
denial
of
an
Senate
File
529,
p.
3
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.
Sec.
4.
NEW
SECTION
.
714I.4
Private
right
of
action
——
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
Senate
File
529,
p.
4
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.
Senate
File
529,
p.
5
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.
b.
Costs
attributable
to
the
assisted
reproduction
procedure
or
treatment
process.
c.
Court
costs.
d.
Reasonable
attorney
fees.
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:
a.
Statutory
damages
in
the
amount
of
five
thousand
dollars.
b.
Court
costs.
c.
Reasonable
attorney
fees.
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.
Sec.
5.
Section
147.55,
Code
2022,
is
amended
by
adding
the
following
new
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.
Sec.
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.
Sec.
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.
Senate
File
529,
p.
6
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.
Sec.
8.
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.
______________________________
JAKE
CHAPMAN
President
of
the
Senate
______________________________
PAT
GRASSLEY
Speaker
of
the
House
I
hereby
certify
that
this
bill
originated
in
the
Senate
and
is
known
as
Senate
File
529,
Eighty-ninth
General
Assembly.
______________________________
W.
CHARLES
SMITHSON
Secretary
of
the
Senate
Approved
_______________,
2022
______________________________
KIM
REYNOLDS
Governor
