CS for CS for SB 698                            Second Engrossed
       
       
       
       
       
       
       
       
       2020698e2
       
    1                        A bill to be entitled                      
    2         An act relating to reproductive health; amending s.
    3         456.072, F.S.; providing grounds for disciplinary
    4         action; amending s. 456.074, F.S.; requiring the
    5         department to immediately suspend the license of
    6         certain health care practitioners under certain
    7         circumstances; creating s. 456.51, F.S.; defining the
    8         term “pelvic examination”; prohibiting health care
    9         practitioners and certain students from performing a
   10         pelvic examination on a patient without first
   11         obtaining the written consent of the patient or the
   12         patient’s legal representative; providing exceptions;
   13         amending ss. 458.331 and 459.015, F.S.; providing
   14         grounds for disciplinary action; creating s. 784.086,
   15         F.S.; defining terms; establishing the criminal
   16         offense of reproductive battery; providing criminal
   17         penalties; providing an exception; tolling the period
   18         of limitations; providing that a recipient’s consent
   19         to an anonymous donor is not a defense to the crime of
   20         reproductive battery; providing effective dates.
   21          
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Paragraph (pp) is added to subsection (1) of
   25  section 456.072, Florida Statutes, to read:
   26         456.072 Grounds for discipline; penalties; enforcement.—
   27         (1) The following acts shall constitute grounds for which
   28  the disciplinary actions specified in subsection (2) may be
   29  taken:
   30         (pp) Intentionally implanting a patient or causing a
   31  patient to be implanted with a human embryo without the
   32  recipient’s consent to the use of that human embryo, or
   33  inseminating a patient or causing a patient to be inseminated
   34  with the human reproductive material, as defined in s. 784.086,
   35  of a donor without the recipient’s consent to the use of human
   36  reproductive material from that donor.
   37         Section 2. Subsection (1) of section 456.074, Florida
   38  Statutes, is amended to read:
   39         456.074 Certain health care practitioners; immediate
   40  suspension of license.—
   41         (1) The department shall issue an emergency order
   42  suspending the license of any person licensed under chapter 458,
   43  chapter 459, chapter 460, chapter 461, chapter 462, chapter 463,
   44  chapter 464, chapter 465, chapter 466, or chapter 484 who pleads
   45  guilty to, is convicted or found guilty of, or who enters a plea
   46  of nolo contendere to, regardless of adjudication, to:
   47         (a) A felony under chapter 409, chapter 817, or chapter 893
   48  or under 21 U.S.C. ss. 801-970 or under 42 U.S.C. ss. 1395-1396;
   49  or
   50         (b) A misdemeanor or felony under 18 U.S.C. s. 669, ss.
   51  285-287, s. 371, s. 1001, s. 1035, s. 1341, s. 1343, s. 1347, s.
   52  1349, or s. 1518 or 42 U.S.C. ss. 1320a-7b, relating to the
   53  Medicaid program; or
   54         (c) A felony under s. 784.086, relating to a reproductive
   55  battery.
   56         Section 3. Section 456.51, Florida Statutes, is created to
   57  read:
   58         456.51 Consent for pelvic examinations.—
   59         (1) As used in this section, the term “pelvic examination”
   60  means the series of tasks that comprise an examination of the
   61  vagina, cervix, uterus, fallopian tubes, ovaries, rectum, or
   62  external pelvic tissue or organs using any combination of
   63  modalities, which may include, but need not be limited to, the
   64  health care provider’s gloved hand or instrumentation.
   65         (2) A health care practitioner, a medical student, or any
   66  other student receiving training as a health care practitioner
   67  may not perform a pelvic examination on a patient without the
   68  written consent of the patient or the patient’s legal
   69  representative executed specific to, and expressly identifying,
   70  the pelvic examination, unless:
   71         (a) A court orders performance of the pelvic examination
   72  for the collection of evidence; or
   73         (b) The pelvic examination is immediately necessary to
   74  avert a serious risk of imminent substantial and irreversible
   75  physical impairment of a major bodily function of the patient.
   76         Section 4. Paragraph (ww) is added to subsection (1) of
   77  section 458.331, Florida Statutes, to read:
   78         458.331 Grounds for disciplinary action; action by the
   79  board and department.—
   80         (1) The following acts constitute grounds for denial of a
   81  license or disciplinary action, as specified in s. 456.072(2):
   82         (ww) Implanting a patient or causing a patient to be
   83  implanted with a human embryo created with the human
   84  reproductive material, as defined in s. 784.086, of the
   85  licensee, or inseminating a patient or causing a patient to be
   86  inseminated with the human reproductive material of the
   87  licensee.
   88         Section 5. Paragraph (yy) is added to subsection (1) of
   89  section 459.015, Florida Statutes, to read:
   90         459.015 Grounds for disciplinary action; action by the
   91  board and department.—
   92         (1) The following acts constitute grounds for denial of a
   93  license or disciplinary action, as specified in s. 456.072(2):
   94         (yy) Implanting a patient or causing a patient to be
   95  implanted with a human embryo created with the human
   96  reproductive material, as defined in s. 784.086, of the
   97  licensee, or inseminating a patient or causing a patient to be
   98  inseminated with the human reproductive material of the
   99  licensee.
  100         Section 6. Effective October 1, 2020, section 784.086,
  101  Florida Statutes, is created to read:
  102         784.086 Reproductive battery.—
  103         (1) As used in this section, the term:
  104         (a) “Donor” means a person who donates reproductive
  105  material, regardless of whether for personal use or
  106  compensation.
  107         (b) “Health care practitioner” has the same meaning as
  108  provided in s. 456.001.
  109         (c) “Recipient” means a person who receives reproductive
  110  material from a donor.
  111         (d) “Reproductive material” means any human “egg” or
  112  “sperm” as those terms are defined in s. 742.13, or a human
  113  zygote.
  114         (e) “Zygote” means a fertilized ovum.
  115         (2) A health care practitioner may not intentionally
  116  transfer into the body of a recipient human reproductive
  117  material or implant a human embryo of a donor, knowing the
  118  recipient has not consented to the use of the human reproductive
  119  material or human embryo from that donor.
  120         (a) A health care practitioner who violates this section
  121  commits reproductive battery, a felony of the third degree,
  122  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  123         (b) A health care practitioner who violates this section
  124  and who is the donor of the reproductive material commits a
  125  felony of the second degree, punishable as provided in s.
  126  775.082, s. 775.083, or s. 775.084.
  127         (3) Notwithstanding any other provision of law, the period
  128  of limitation for a violation under this section does not begin
  129  to run until the date on which the violation is discovered and
  130  reported to law enforcement or any other governmental agency.
  131         (4) It is not a defense to the crime of reproductive
  132  battery that the recipient consented to an anonymous donor.
  133         Section 7. Except as otherwise expressly provided in this
  134  act, this act shall take effect July 1, 2020.