Florida Senate - 2020 COMMITTEE AMENDMENT
Bill No. SB 698
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LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/18/2020 .
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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.