Florida Senate - 2020                              CS for SB 698
       
       
        
       By the Committee on Criminal Justice; and Senators Book and
       Stewart
       
       
       
       
       591-03834-20                                           2020698c1
    1                        A bill to be entitled                      
    2         An act relating to reproductive health; creating s.
    3         383.61, F.S.; defining terms; requiring commissioning
    4         parties and donors to enter into a contract with a
    5         donor bank, fertility clinic, or health care
    6         practitioner before donating reproductive material;
    7         providing requirements for the contract; requiring
    8         donor banks, fertility clinics, and health care
    9         practitioners to develop certain written best practice
   10         policies by a specified date; requiring the annual
   11         submission of such written policies to the appropriate
   12         licensing agency or the Department of Health;
   13         providing labeling, contract compliance, and record
   14         retention requirements; prohibiting a health care
   15         practitioner from implanting or inseminating a
   16         recipient with the health care practitioner’s own
   17         reproductive material; requiring the Agency for Health
   18         Care Administration to conduct annual unannounced
   19         inspections of donor banks and fertility clinics;
   20         providing penalties; amending s. 456.072, F.S.;
   21         providing grounds for disciplinary action; creating s.
   22         456.51, F.S.; defining the term “pelvic examination”;
   23         prohibiting a health care practitioner from performing
   24         a pelvic examination on a patient without first
   25         obtaining the written consent of the patient or the
   26         patient’s legal representative; providing exceptions;
   27         amending ss. 458.331 and 459.015, F.S.; providing
   28         grounds for disciplinary action; creating s. 784.086,
   29         F.S.; defining terms; establishing the criminal
   30         offense of reproductive battery; providing criminal
   31         penalties; tolling the period of limitations;
   32         providing that a recipient’s consent to an anonymous
   33         donor is not a defense to the crime of reproductive
   34         battery; providing an effective date.
   35          
   36  Be It Enacted by the Legislature of the State of Florida:
   37  
   38         Section 1. Section 383.61, Florida Statutes, is created to
   39  read:
   40         383.61Assisted reproduction facilities.—
   41         (1) DEFINITIONS.—As used in this section, the term:
   42         (a) “Assisted reproductive technology” means those
   43  procreative procedures that involve the laboratory handling of
   44  human eggs, preembryos, or sperm, including, but not limited to,
   45  in vitro fertilization embryo transfer, gamete intrafallopian
   46  transfer, pronuclear stage transfer, tubal embryo transfer, and
   47  zygote intrafallopian transfer.
   48         (b) “Commissioning party” means the intended parent or
   49  parents of a child who will be conceived by means of assisted
   50  reproductive technology.
   51         (c) “Donor” means a person who donates reproductive
   52  material, regardless of whether for personal use or
   53  compensation.
   54         (d) “Donor bank” means any facility that collects
   55  reproductive material from donors for use by a fertility clinic.
   56         (e) “Egg” means the unfertilized female reproductive cell.
   57         (f) “Fertility clinic” means a facility in which
   58  reproductive materials are subject to assisted reproductive
   59  technology for the purpose of implantation.
   60         (g)“Health care practitioner” has the same meaning as in
   61  s. 456.001.
   62         (h) “Preembryo” means the product of fertilization of an
   63  egg by a sperm until the appearance of the embryonic axis.
   64         (i)“Recipient” means a person who receives, through
   65  implantation, reproductive material from a donor.
   66         (j)“Reproductive material” means any human egg, preembryo,
   67  or sperm.
   68         (k) “Sperm” means the male reproductive cell.
   69         (2)(a)CONTRACT REQUIREMENTS.—A commissioning party or
   70  donor must enter into a contract with the donor bank, fertility
   71  clinic, or health care practitioner before he or she may make a
   72  donation of reproductive material. The contract must, at a
   73  minimum, indicate what must be done with the reproductive
   74  material if any of the following occurs:
   75         1. The donor dies or becomes incapacitated.
   76         2. A designated recipient for the donation dies or becomes
   77  incapacitated.
   78         3. The commissioning party separates or the party’s
   79  marriage is dissolved.
   80         4. One member of the commissioning party dies or becomes
   81  incapacitated.
   82         5. The reproductive material is unused, including whether
   83  it may be disposed of, offered to a different recipient, or
   84  donated to science.
   85         6. Any other unforeseen circumstance.
   86         (b) The donor bank, fertility clinic, or health care
   87  practitioner must ensure that each donation is clearly labeled
   88  according to the terms of each donor or commissioning party’s
   89  contract.
   90         (c) The donor bank, fertility clinic, or health care
   91  practitioner must ensure that the donation is implanted,
   92  returned, disposed of, or stored according to the terms of the
   93  contract.
   94         (3) BEST PRACTICE POLICIES.—
   95         (a)By January 1, 2021, each donor bank, fertility clinic,
   96  and health care practitioner that provides assisted reproductive
   97  technology in this state shall develop written best practice
   98  policies consistent with 42 U.S.C. s. 263a(f).
   99         (b)The best practice policies must be submitted to the
  100  appropriate licensing agency or department annually for review.
  101         (c) All reproductive material stored by a donor bank,
  102  fertility clinic, or health care practitioner must be clearly
  103  labeled.
  104         (d)A donor bank, fertility clinic, or health care
  105  practitioner must comply with the terms of the contract pursuant
  106  to subsection (2).
  107         (e) A donor bank, fertility clinic, or health care
  108  practitioner must maintain all records for at least 30 years.
  109         (f) A health care practitioner may not implant or
  110  inseminate a recipient or cause a recipient to be implanted or
  111  inseminated with reproductive material of the health care
  112  practitioner.
  113         (4)INSPECTIONS.—The Agency for Health Care Administration
  114  shall perform annual inspections of donor banks and fertility
  115  clinics without notice.
  116         (5) PENALTIES.—A donor bank or fertility clinic in
  117  violation of subsections (2) or (3) is subject to penalties
  118  provided in s. 400.995.
  119         Section 2. Paragraphs (pp) and (qq) are added to subsection
  120  (1) of section 456.072, Florida Statutes, to read:
  121         456.072 Grounds for discipline; penalties; enforcement.—
  122         (1) The following acts shall constitute grounds for which
  123  the disciplinary actions specified in subsection (2) may be
  124  taken:
  125         (pp)Intentionally implanting or inseminating a recipient
  126  or causing a recipient to be implanted or inseminated with the
  127  reproductive material, as defined in s. 383.61, of a donor
  128  without the recipient’s consent.
  129         (qq) Violating s. 383.61.
  130         Section 3. Section 456.51, Florida Statutes, is created to
  131  read:
  132         456.51Health care practitioners; consent for pelvic
  133  examinations.—
  134         (1)As used in this section, the term “pelvic examination”
  135  means the direct palpation of the organs of the female internal
  136  reproductive system.
  137         (2)A health care practitioner may not perform a pelvic
  138  examination on a patient without the written consent of the
  139  patient or the patient’s legal representative executed specific
  140  to, and expressly identifying, the pelvic examination, unless:
  141         (a)A court orders performance of the pelvic examination
  142  for the collection of evidence; or
  143         (b)The pelvic examination is immediately necessary to
  144  avert a serious risk of imminent, substantial, and irreversible
  145  physical impairment of a major bodily function of the patient.
  146         Section 4. Paragraphs (ww) and (xx) are added to subsection
  147  (1) of section 458.331, Florida Statutes, to read:
  148         458.331 Grounds for disciplinary action; action by the
  149  board and department.—
  150         (1) The following acts constitute grounds for denial of a
  151  license or disciplinary action, as specified in s. 456.072(2):
  152         (ww)Intentionally implanting or inseminating a recipient
  153  or causing a recipient to be implanted or inseminated with the
  154  reproductive material, as defined in s. 383.61, of a donor
  155  without the recipient’s consent.
  156         (xx) Violating s. 383.61.
  157         Section 5. Paragraphs (yy) and (zz) are added to subsection
  158  (1) of section 459.015, Florida Statutes, to read:
  159         459.015 Grounds for disciplinary action; action by the
  160  board and department.—
  161         (1) The following acts constitute grounds for denial of a
  162  license or disciplinary action, as specified in s. 456.072(2):
  163         (yy)Intentionally implanting or inseminating a recipient
  164  or causing a recipient to be implanted or inseminated with the
  165  reproductive material, as defined in s. 383.61, of a donor
  166  without the recipient’s consent.
  167         (zz) Violating s. 383.61.
  168         Section 6. Section 784.086, Florida Statutes, is created to
  169  read:
  170         784.086Reproductive battery.—
  171         (1)As used in this section, the term:
  172         (a)“Donor” has the same meaning as in s. 383.61.
  173         (b)“Health care practitioner” has the same meaning as in
  174  s. 456.001.
  175         (c)“Recipient” has the same meaning as in s. 383.61.
  176         (d)“Reproductive material” has the same meaning as in s.
  177  383.61.
  178         (2)A health care practitioner may not intentionally
  179  penetrate the vagina of a recipient with the reproductive
  180  material of a donor or any object containing the reproductive
  181  material of a donor, knowing the recipient has not consented to
  182  the use of the reproductive material from that donor.
  183         (a)A health care practitioner who violates this section
  184  commits reproductive battery, a felony of the third degree,
  185  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  186         (b) A health care practitioner who violates this section
  187  and is the donor of the reproductive material commits a felony
  188  of the second degree, punishable as provided in s. 775.082, s.
  189  775.083, or s. 775.084.
  190         (3)Notwithstanding any other law, the period of limitation
  191  for a violation under this section does not begin to run until
  192  the date on which the violation is discovered and reported to
  193  law enforcement or any other governmental agency.
  194         (4) It is not a defense to the crime of reproductive
  195  battery that the recipient consented to an anonymous donor.
  196         Section 7. This act shall take effect July 1, 2020.