SB 698 — Reproductive Health

Florida Senate - 2020 CS for CS for SB 698 By the CommitteesCommittee on Rules;Criminal Justice;

and CriminalSenators Justice;Book and Stewart 591-03834-20 2020698c1 A bill to be entitled An act relating to reproductive health;

and Senators Book and Stewart 595-04242-20 2020698c2 A bill to be entitled An act relating to reproductive health;

requiring commissioning parties and donors to enter into a contract with a donor bank, fertility clinic, or health care practitioner,practitioner or reproductive storage facility before donating reproductive material;

requiring certain donor banks, fertility clinics, and health care practitioners,practitioners and reproductive storage facilities to develop certain written best practice policies by a specified date;

requiring the Agency for Health Care Administration to conduct annual unannounced inspections of donor banks and fertility clinics;

providing penalties;

amending s.

456.074, F.S.;

requiring the department to immediately suspend the license of certain health care practitioners under certain circumstances;

providing an exception;

3836 Be It Enacted by the Legislature of the State of Florida:

4038 Section 1. Section 383.61, Florida Statutes, is created to read:

(a) “Assisted reproductive technology” means those procreative procedures that involve the storage or laboratory handling of human eggs, preembryos, or sperm, including, but not limited to, in vitro fertilization embryo transfer, gamete intrafallopian transfer, pronuclear stage transfer, tubal embryo transfer, and zygote intrafallopian transfer.

(f) “Fertility clinic” means a facility in which reproductive materials are subject to assisted reproductive technology for the purpose of beingimplantation. transferred into the body of a recipient.

(i) “Recipient” means a person who hasreceives, athrough donor’simplantation, reproductive material transferredfrom intoa herdonor. body.

(k) “Reproductive(k) “Sperm” storage facility” means a facility in which reproductive materials are stored until such time that they are transferred into the bodymale of a recipient using assisted reproductive technology.cell.

(l) “Sperm”(2)(a) CONTRACT meansREQUIREMENTS.—A commissioning party or donor must enter into a contract with the maledonor bank, fertility clinic, or health care practitioner before he or she may make a donation of reproductive cell.material.

(2) CONTRACT REQUIREMENTS.— (a) A commissioning party or donor must enter into a contract with the donor bank, fertility clinic, health care practitioner, or reproductive storage facility before he or she may make a donation of reproductive material.

(b) The donor bank, fertility clinic, or health care practitioner,practitioner or reproductive storage facility must ensure that each donation is clearly labeled according to the terms of each donor or commissioning party’s contract.

(c) The donor bank, fertility clinic, or health care practitioner,practitioner or reproductive storage facility must ensure that the donation is transferredimplanted, to a recipient, returned, disposed of, or stored according to the terms of the contract.

(3) BEST PRACTICE POLICIES.— (a) By January 1, 2021, each donor bank, fertility clinic, and health care practitioner,practitioner and reproductive storage facility that provides assisted reproductive technology in this state shall develop written best practice policies consistent with 42 U.S.C.

(c) All reproductive material stored by a donor bank, fertility clinic, or health care practitioner,practitioner or reproductive storage facility must be clearly labeled.

(d) A donor bank, fertility clinic, or health care practitioner,practitioner or reproductive storage facility must comply with the terms of the contract pursuant to subsection (2).

(e) A donor bank, fertility clinic, or health care practitioner,practitioner or reproductive storage facility must maintain all records for at least 30 years.

(f) A health care practitioner may not transferimplant or inseminate a recipient or cause a recipient to havebe transferredimplanted into her body or be inseminated with the reproductive material of the health care practitioner.

(4) INSPECTIONS.—The Agency for Health Care Administration shall perform annual inspections of donor banks and fertility clinics without notice.

(5) PENALTIES.—A donor bank or fertility clinic in violation of subsections (2) or (3) is subject to penalties provided in s.

400.995.

(pp) Intentionally transferringimplanting into a recipient or inseminating a recipient with, or causing a recipient to havebe transferredimplanted into her body or be inseminated with,with the reproductive material, as defined in s.

Section 3. Subsection3. Section (1)456.51, of section 456.074, Florida Statutes, is amendedcreated to read:

456.074 Certain health care practitioners;

immediate suspension of license.— (1) The department shall issue an emergency order suspending the license of any person licensed under chapter 458, chapter 459, chapter 460, chapter 461, chapter 462, chapter 463, chapter 464, chapter 465, chapter 466, or chapter 484 who pleads guilty to, is convicted or found guilty of, or who enters a plea of nolo contendere to, regardless of adjudication, to:

(a) A felony under chapter 409, chapter 817, or chapter 893 or under 21 U.S.C.

ss.

801-970 or under 42 U.S.C.

ss.

1395-1396;

or (b) A misdemeanor or felony under 18 U.S.C.

s.