Florida Senate - 2020 COMMITTEE AMENDMENT Bill No. SB 698 Ì6623922Î662392 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Criminal Justice (Book) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 383.61, Florida Statutes, is created to 6 read: 7 383.61 Assisted reproduction facilities.— 8 (1) DEFINITIONS.—As used in this section, the term: 9 (a) “Assisted reproductive technology” means those 10 procreative procedures which involve the laboratory handling of 11 human eggs, preembryos, or sperm, including, but not limited to, 12 in vitro fertilization embryo transfer, gamete intrafallopian 13 transfer, pronuclear stage transfer, tubal embryo transfer, and 14 zygote intrafallopian transfer. 15 (b) “Commissioning party” means the intended parent or 16 parents of a child who will be conceived by means of assisted 17 reproductive technology. 18 (c) "Donor" means a person who donates reproductive 19 material, regardless of whether for personal use or 20 compensation. 21 (d) "Donor bank" means any facility that collects 22 reproductive material from donors for use by a fertility clinic. 23 (e) “Egg” means the unfertilized female reproductive cell. 24 (f) "Fertility clinic" means a facility in which 25 reproductive materials are subject to assisted reproductive 26 technology for the purpose of implantation. 27 (g) “Health care practitioner” has the same meaning as 28 provided in s. 456.001. 29 (h) “Preembryo” means the product of fertilization of an 30 egg by a sperm until the appearance of the embryonic axis. 31 (i) “Recipient” means a person who receives, through 32 implantation, reproductive material from a donor. 33 (j) “Reproductive material” means any human “egg,” 34 “preembryo,” or “sperm.” 35 (k) “Sperm” means the male reproductive cell. 36 (2)(a) CONTRACT REQURIEMENTS.—A commissioning party or 37 donor must enter into a contract with the donor bank, fertility 38 clinic, or health care practitioner before he or she may make a 39 donation of reproductive material. The contract must, at 40 minimum, indicate what must be done with the reproductive 41 material if: 42 1. The donor dies or becomes incapacitated; 43 2. A designated recipient for the donation dies or becomes 44 incapacitated; 45 3. The commissioning party separate or their marriage is 46 dissolved; 47 4. One member of the commissioning party dies or becomes 48 incapacitated; 49 5. The reproductive material is unused, including whether 50 it may be disposed of, offered to a different recipient, or 51 donated to science; and 52 6. Any other unforeseen circumstance occurs. 53 (b) The donor bank, fertility clinic, or health care 54 practitioner must ensure that each donation is clearly labeled 55 according to the terms of each donor or commissioning party's 56 contract. 57 (c) The donor bank, fertility clinic, or health care 58 practitioner must ensure that the donation is implanted, 59 returned, disposed of, or stored according to the terms of the 60 contract. 61 (3) BEST PRACTICE POLICIES.— 62 (a) By January 1, 2021, each donor bank, fertility clinic 63 and health care practitioner that provides assisted reproductive 64 technology in this state, shall develop a written best practices 65 policy consistent with 42 U.S.C. part 263a(f). 66 (b) The best practices policy must be submitted to the 67 appropriate licensing agency or department annually for review. 68 (c) All reproductive material stored by a donor bank, 69 fertility clinic, or health care practitioner must be clearly 70 labeled. 71 (d) A donor bank, fertility clinic, or health care 72 practitioner must comply with the terms of the contract, 73 pursuant to subsection (2). 74 (e) A donor bank, fertility clinic, or health care 75 practitioner must maintain all records for at least 30 years. 76 (f) A health care practitioner may not implant or 77 inseminate a recipient or cause a recipient to be implanted or 78 inseminated with reproductive material of the health care 79 practitioner. 80 (4) INSPECTIONS.—The Agency for Health Care Administration 81 shall perform annual inspections of donor banks and fertility 82 clinics without notice. 83 (5) PENALTIES.—A donor bank or fertility clinic in 84 violation of subsections (2) or (3) of this section are subject 85 to penalties provided in s. 400.995. 86 Section 2. Paragraph (pp) and paragraph (qq) are added to 87 subsection (1) of section 456.072, Florida Statutes, to read: 88 456.072 Grounds for discipline; penalties; enforcement.— 89 (1) The following acts shall constitute grounds for which 90 the disciplinary actions specified in subsection (2) may be 91 taken: 92 (pp) Intentionally implanting or inseminating a recipient 93 or causing a recipient to be implanted or inseminated with the 94 reproductive material, as defined in s. 383.61, of a donor 95 without the recipient’s consent. 96 (qq) A violation of s. 383.61. 97 Section 3. Section 456.51, Florida Statutes, is created to 98 read: 99 456.51 Health care practitioners; consent for pelvic 100 examinations.— 101 (1) As used in this section, the term “pelvic examination” 102 means the direct palpation of the organs of the female internal 103 reproductive system. 104 (2) A health care practitioner may not perform a pelvic 105 examination on a patient without the written consent of the 106 patient or the patient’s legal representative executed specific 107 to, and expressly identifying, the pelvic examination, unless: 108 (a) A court orders performance of the pelvic examination 109 for the collection of evidence; or 110 (b) The pelvic examination is immediately necessary to 111 avert a serious risk of imminent substantial and irreversible 112 physical impairment of a major bodily function of the patient. 113 Section 4. Paragraph (ww) and paragraph (xx) are added to 114 subsection (1) of section 458.331, Florida Statutes, to read: 115 458.331 Grounds for disciplinary action; action by the 116 board and department.— 117 (1) The following acts constitute grounds for denial of a 118 license or disciplinary action, as specified in s. 456.072(2): 119 (ww) Intentionally implanting or inseminating a recipient 120 or causing a recipient to be implanted or inseminated with the 121 reproductive material, as defined in s. 383.61, of a donor 122 without the recipient’s consent. 123 (xx) A violation of s. 383.61. 124 Section 5. Paragraph (yy) and paragraph (zz) are added to 125 subsection (1) of section 459.015, Florida Statutes, to read: 126 459.015 Grounds for disciplinary action; action by the 127 board and department.— 128 (1) The following acts constitute grounds for denial of a 129 license or disciplinary action, as specified in s. 456.072(2): 130 (yy) Intentionally implanting or inseminating a recipient 131 or causing a recipient to be implanted or inseminated with the 132 reproductive material, as defined in s. 383.61, of a donor 133 without the recipient’s consent. 134 (zz) A violation of s. 383.61. 135 Section 6. Section 784.086, Florida Statutes, is created to 136 read: 137 784.086 Reproductive battery.— 138 (1) As used in this section, the term: 139 (a) “Donor” has the same meaning as provided in s. 383.61. 140 (b) “Health care practitioner” has the same meaning as 141 provided in s. 456.001. 142 (c) “Recipient” has the same meaning as provided in s. 143 383.61. 144 (d) “Reproductive material” has the same meaning as 145 provided in s. 383.61. 146 (2) A health care practitioner may not intentionally 147 penetrate the vagina of a recipient with the reproductive 148 material of a donor or any object containing the reproductive 149 material of a donor, knowing the recipient has not consented to 150 the use of the reproductive material from that donor. 151 (a) A health care practitioner who violates this section 152 commits reproductive battery, a felony of the third degree, 153 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 154 (b) A health care practitioner who violates this section 155 and is the donor of the reproductive material commits a felony 156 of the second degree, punishable as provided in s. 775.082, s. 157 775.083, or s. 775.084. 158 (3) Notwithstanding any other provision of law, the period 159 of limitation for a violation under this section does not begin 160 to run until the date on which the violation is discovered and 161 reported to law enforcement or any other governmental agency. 162 (4) It is not a defense to the crime of reproductive 163 battery that the recipient consented to an anonymous donor. 164 Section 8. This act shall take effect July 1, 2020. 165 166 ================= T I T L E A M E N D M E N T ================ 167 And the title is amended as follows: 168 Delete everything before the enacting clause 169 and insert: 170 A bill to be entitled 171 An act relating to reproductive health; creating s. 172 383.61, F.S.; defining terms; requiring a 173 commissioning party or donor to enter into a contract; 174 providing requirements for the contract; requiring 175 donor banks, fertility clinics and health care 176 practitioners, to develop, by a specified date, a 177 written best practices policy consistent with 42 178 U.S.C. 263a(f); requiring the annual submission of 179 such written policies; requiring labeling of 180 reproductive material and contract compliance; 181 requiring records retention; prohibiting a health care 182 practitioner from implanting or inseminating a 183 recipient with reproductive material of the health 184 care practitioner; requiring annual inspections by the 185 Agency for Health Care Administration; providing that 186 donor banks and fertility clinics are subject to 187 penalties for noncompliance; amending s. 456.072; 188 adding new grounds for discipline; creating s. 456.51, 189 F.S.; defining the term “pelvic examination”; 190 prohibiting a health care practitioner from performing 191 a pelvic examination on a patient without first 192 obtaining the written consent of the patient or the 193 patient’s legal representative; providing exceptions; 194 amending s. 458.331; adding new grounds for 195 discipline; amending s. 459.015; adding new grounds 196 for discipline; creating s. 784.086; creating the 197 criminal offense of reproductive battery; providing 198 criminal penalties; tolling the statute of 199 limitations; providing applicability; providing an 200 effective date.