Iowa 2021-2022 Regular Session Status: Enacted

SF 529 — A bill for an act relating to assisted reproduction fraud, and providing penalties. (Formerly SSB 1223.) Effective date: 07/01/2022.

Last action — Fiscal note.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 03, 2021. Enacted.

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Where this bill stands today.

Odds of enactment

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Bill Text

What changed in the latest version

213 added · 230 removed

213 line(s) added, 230 removed.

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Kim Reynolds O f f i c e o f t h e G o v e r n o r A d a m G r e g g G O V E R N O R L T g o v e r n o r June 14,2022 Tlie Honorable Paul Pale SecretaryofStateofIowa StateCapitol Des Moines,Iowa 50319 DearMr.Secretary, 1hereby transmit;
Senate File 529 - Enrolled Senate File 529 AN ACT RELATING TO ASSISTED REPRODUCTION FRAUD, AND PROVIDING PENALTIES.
SenateFile529,anActrelatingtoassistedreproductionfraud,andprovidingpenalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
TlieaboveSenateFileisherebyapproved on thisdate.
Section 1.
Sincerely, Kin^cy>Kdds Govemor of Iowa cc:
NEW SECTION.
SecretaryoftheSenate Clerk ofthe House STATE CAPITOL DES MOINES,IOWA 50319 515.281.5211 FAX 515.725.3527WWW.GOVERNOR.IOWA.GOV E PBl^E «.Aut WILL MAINTAI m n n m m m i m n nniTrQ2:!:.r G E N E R A L .
714I.1 Short title.
A S S i :
This chapter shall be known and may be cited as the “Fraud in Assisted Reproduction Act”.
i V m s m m IBI S e n a t e F i l e 5 2 9 A N A C T R E L A T I N G T O A S S I S T E D R E P R O D U C T I O N F R A U D , A N D P R O V I D I N G P E N A L T I E S .
Sec.
B E I T E N A C T E D B Y T H E G E N E R A L A S S E M B L Y O F T H E S T A T E O F I O W A :
2.
S e c t i o n 1 .
NEW SECTION.
NEW S E C T I O N .
714I.2 Definitions.
7 1 4 1 .
1 S h o r t t i t l e .
This chapter shall be known and may be cited as the '^Fraud in Assisted Reproduction Act^.
S e c .
2 .
N E W S E C T I O N .
7 1 4 1 .
2 Definitions.
'^Assisted reproduction*' means a method of causing pregnancy other than sexual intercourse involving medical or s c i e n t i f i c i n t e r v e n t i o n .
“Assisted reproduction” means a method of causing pregnancy other than sexual intercourse involving medical or scientific intervention.
^^Donor" means an individual who provides gametes intended for use in assisted reproduction, whether or not for c o n s i d e r a t i o n .
“Donor” means an individual who provides gametes intended for use in assisted reproduction, whether or not for consideration.
"^Gamete" means a sperm, an egg, or any part of a sperm o r a n e g g .
“Gamete” means a sperm, an egg, or any part of a sperm or an egg.
'"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.
“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.
'"Health facility" means a hospital, clinic, sperm bank, laboratory, or other health care institution involved in the assisted reproduction process.
“Health facility” means a hospital, clinic, sperm bank, laboratory, or other health care institution involved in the assisted reproduction process.
'"Human reproductive material" means a human gamete or a Senate File 529, p.
“Human reproductive material” means a human gamete or a Senate File 529, p.
^Live birth" means the same as defined in section 144.1.
“Live birth” means the same as defined in section 144.1.
'^Patient"means a person who has received or is receiving health services from a health care professional.
“Patient” means a person who has received or is receiving health services from a health care professional.
"^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.
“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.
7141.3 Prohibited practices and acts.
714I.3 Prohibited practices and acts.
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 o fd o n a t i o n .
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.
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 d o n o r .
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.
Use or provide a patient with human reproductive material for assisted reproduction that is not provided with the donor's c o n s e n i n amanner or t o a n e x t e n t thanh t h a t t o which t h d o n oc o n s e n t e d .
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.
I ti s not a d e f e t o a v i o l a o ft h i s s e c t h a t a patient expressly consented in writing to the use of human reproductive material from an anonymous donor.
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.
7141,4 Private right of action — damages.
714I.4 Private right of action —— damages.
A cause of action for damages against any person in violation of section 7141.3, subsection 2, may be brought in accordance with the following;
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:
3, (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 7141.3, s u b s e c 2 .
a.
o n (b) By a child born as the result of being conceived through assisted reproduction in violation of section 7141.3, 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.
(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.
(2) A patient, or the spouse of the patient, has a separate cause of action under this paragraph for each conception and birth of a child through assisted reproduction performed in violation of section 7141.3, 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.
(1) By the patient or the spouse of the patient, if the patient conceives through assisted reproduction in violation of section 7141.3, subsection 2, but the conception does not r e s ui nt h el i vb i r o ft h c h i l d .
(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.
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( 2 )A cause of action is barred under this paragraph 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 v i o l a o f s e c t i o n 7 0 7 .
(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.
7 .
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 7141.3 or whose human reproductive material was used without the donor's consent or Senate File 529, p.
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 7141.3.
4 in a manner or to an extent other than that to which the donor consented in violation of section 714I.3.
In addition to compensatory or punitive damages, a prevailing plaintiff who brings an action under subsection 1, paragraph is entitled to all of the following:
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:
(1) If the health care professional used the health care professional's own human reproductive material for assisted reproduction in violation of section 7141.3, 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:
(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 .
(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.
(c) A postsecondary education subsidy as defined in section 9 8 .
(c) A postsecondary education subsidy as defined in section 598.1.
1 .
(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.
(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.
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 7141.3, subsection 2, is deceased at the time the civil action i s commenced or a t the time a violation i s f o u n d .
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.
d .
d.
C o u c o s t s .
Court costs.
In addition to compensatory or punitive damages, a prevailing plaintiff who brings an action under subsection 1, paragraph is entitled to all of the following:
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:
c .
c.
C o u r tc o s t s .
Court costs.
b .
b.
C o u r c o s t s .
Court costs.
NEW SUBSECTION.
NEW SUBSECTION .
Sexual abuse in the fourth degree in v i o l a t i o f s e c t i o n 7 0 9 .
Sexual abuse in the fourth degree in violation of section 709.4A.
4 A .
Fraud in assisted reproduction in v i o l a t i o n o f s e c t i o n 7 1 4 1 .
Fraud in assisted reproduction in violation of section 714I.3.
3 .
Section 692A.102, subsection 1 , paragraph c.
Section 692A.102, subsection 1, paragraph c, Code 2022, is amended by adding the following new subparagraph:
Code 2022, is amended by adding the following new subparagraph:
NEW SUBPARAGRAPH .
NEW SUBPARAGRAPH■ (012) S e xu a l abuse in th e fo u r th degree in v io la tio nof s e c tio n 709.4A, subsection 3, i f the p e rp e tra to ris a h e a lth care p ro fe s s io n a l as defined in s e c tio n 7141.2, who used the health care p ro fe s s io n a l's own human reproductive m a te ria l fo r assisted reproduction in v io la tio n of s e c tio n7 1 4 1 .3 s u b s e c tio2 .
(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.
S e c .7 .
Sec.
NEW SEC TIO N .
7.
7 0 9 .4 A S e x u aa b u sein th e f o u r t h degree — h e a lth care p ro fe s s io n a ls .
NEW SECTION.
709.4A Sexual abuse in the fourth degree —— health care professionals.
A h e a lth care p ro fe s s io n a l com m its se xu a l abuse in th e fo u rth degree when th e h e a lth care p ro fe s s io n a l uses or p ro v id e s a p a tie n t w ith human re p ro d u c tiv e m a te ria l fo r a s s is te dre p ro d u ctio n o th e r than th a t to which the p a tie n t e xp re ssly consented in w ritin g in v io la tio n o f s e c tio n7141.3, s u b s e c tio2 .
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.
Sexual abuse in the fourth degree is an aggravated m i s d e m e a n o r .
Sexual abuse in the fourth degree is an aggravated misdemeanor.
Notwithstanding subsection 2, sexual abuse in the fourth degree is a class 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 7141.3, subsection 2.
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 i nt h i s s u b s e c t i o n .
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.
For the purposes of this section, '^assisted reproduction^, ^gamete'', '^health care professional", ^human reproductive material", and ^patient" mean the same as defined in s e c t i o n 7 1 4 1 .
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.
2 .
802.2E Sexual abuse — fourth degree.
802.2E Sexual abuse —— fourth degree.
A ni n f o r m a t ii n d i c t m e s e x u a l a inut h e f o u r t h degree may be commenced at any time after the commission of the o f f e n s e .
An information or indictment for sexual abuse in the fourth degree may be commenced at any time after the commission of the offense.
K EC H A P M A N P A G R A S S L E :
______________________________ ______________________________ JAKE CHAPMAN PAT GRASSLEY President of the Senate 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.
P r e s i d e the S e n a t e 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.
W .C H A R LS M I T H S O N Seciyetarv o fthe S e n a t e Approved jaL 2 0 2 2
CHARLES SMITHSON Secretary of the Senate Approved _______________, 2022 ______________________________ KIM REYNOLDS Governor
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Amendments

6 amendments

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Action History

  1. Fiscal note.

  2. Explanation of vote.

  3. Signed by Governor.

  4. Signed by Governor.

  5. Reported correctly enrolled, signed by President and Speaker, and sent to Governor.

  6. Reported correctly enrolled, signed by President and Speaker, and sent to Governor.

  7. Message from House.

  8. Immediate message.

  9. Passed House, yeas 83, nays 1.

  10. House concurred in Senate amendment H-8369.

  11. Fiscal note.

  12. Senate amendment H-8369 filed.

  13. Message from Senate.

  14. Immediate message.

  15. Passed Senate, yeas 45, nays 0.

  16. Senate concurred with S-3175, as amended.

  17. Amendment S-5146 to S-3175 filed, adopted.

  18. * * * * * END OF [] ACTIONS * * * * *

  19. Explanation of vote.

  20. Fiscal note.

  21. Message from House, with amendment S-3175.

  22. Explanation of vote.

  23. Explanation of vote.

  24. Immediate message.

  25. Passed House, yeas 93, nays none.

  26. Committee amendment H-1333 adopted, as amended.

  27. Amendment H-1413 to committee amendment H-1333 adopted.

  28. Amendment H-1413 filed.

  29. Placed on calendar under unfinished business.

  30. Committee amendment H-1333 filed.

  31. Committee report, recommending amendment and passage.

  32. Subcommittee recommends passage. Vote Total: 3-0

  33. Subcommittee Meeting: 03/29/2021 11:45AM House Lounge #1.

  34. Subcommittee: Jeneary, Andrews and Sunde.

  35. Read first time, referred to Human Resources.

  36. Message from Senate.

  37. Immediate message.

  38. Passed Senate, yeas 47, nays 0.

  39. Amendment S-3079 filed, adopted.

  40. Fiscal note.

  41. Committee report, approving bill.

  42. Introduced, placed on calendar.

Sponsorship breakdown

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0 sponsors · 0 co-sponsors · 150 not signed on

Sponsors (0)

None.

Co-sponsors (0)

None.

Not signed on (150)

150 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

civil-rights healthcare
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This bill has been enacted into law. Introduced March 03, 2021. Enacted.
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