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; 49or50 (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.