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: 40 383.61 Assisted 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: 132 456.51 Health 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: 170 784.086 Reproductive 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.