Florida Senate - 2020                       CS for CS for SB 698
       
       
        
       By the Committees on Rules; and Criminal Justice; and Senators
       Book and Stewart
       
       
       
       
       595-04242-20                                           2020698c2
    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, health care
    6         practitioner, or reproductive storage facility before
    7         donating reproductive material; providing requirements
    8         for the contract; requiring certain donor banks,
    9         fertility clinics, health care practitioners, and
   10         reproductive storage facilities to develop certain
   11         written best practice policies by a specified date;
   12         requiring the annual submission of such written
   13         policies to the appropriate licensing agency or the
   14         Department of Health; providing labeling, contract
   15         compliance, and record retention requirements;
   16         prohibiting a health care practitioner from implanting
   17         or inseminating a recipient with the health care
   18         practitioner’s own reproductive material; amending s.
   19         456.072, F.S.; providing grounds for disciplinary
   20         action; amending s. 456.074, F.S.; requiring the
   21         department to immediately suspend the license of
   22         certain health care practitioners under certain
   23         circumstances; creating s. 456.51, F.S.; defining the
   24         term “pelvic examination”; prohibiting a health care
   25         practitioner from performing a pelvic examination on a
   26         patient without first obtaining the written consent of
   27         the patient or the patient’s legal representative;
   28         providing exceptions; amending ss. 458.331 and
   29         459.015, F.S.; providing grounds for disciplinary
   30         action; creating s. 784.086, F.S.; defining terms;
   31         establishing the criminal offense of reproductive
   32         battery; providing criminal penalties; providing an
   33         exception; tolling the period of limitations;
   34         providing that a recipient’s consent to an anonymous
   35         donor is not a defense to the crime of reproductive
   36         battery; providing an effective date.
   37          
   38  Be It Enacted by the Legislature of the State of Florida:
   39  
   40         Section 1. Section 383.61, Florida Statutes, is created to
   41  read:
   42         383.61Assisted reproduction facilities.—
   43         (1) DEFINITIONS.—As used in this section, the term:
   44         (a) “Assisted reproductive technology” means those
   45  procreative procedures that involve the storage or laboratory
   46  handling of human eggs, preembryos, or sperm, including, but not
   47  limited to, in vitro fertilization embryo transfer, gamete
   48  intrafallopian transfer, pronuclear stage transfer, tubal embryo
   49  transfer, and zygote intrafallopian transfer.
   50         (b) “Commissioning party” means the intended parent or
   51  parents of a child who will be conceived by means of assisted
   52  reproductive technology.
   53         (c) “Donor” means a person who donates reproductive
   54  material, regardless of whether for personal use or
   55  compensation.
   56         (d) “Donor bank” means any facility that collects
   57  reproductive material from donors for use by a fertility clinic.
   58         (e) “Egg” means the unfertilized female reproductive cell.
   59         (f) “Fertility clinic” means a facility in which
   60  reproductive materials are subject to assisted reproductive
   61  technology for the purpose of being transferred into the body of
   62  a recipient.
   63         (g)“Health care practitioner” has the same meaning as in
   64  s. 456.001.
   65         (h) “Preembryo” means the product of fertilization of an
   66  egg by a sperm until the appearance of the embryonic axis.
   67         (i)“Recipient” means a person who has a donor’s
   68  reproductive material transferred into her body.
   69         (j)“Reproductive material” means any human egg, preembryo,
   70  or sperm.
   71         (k)“Reproductive storage facility” means a facility in
   72  which reproductive materials are stored until such time that
   73  they are transferred into the body of a recipient using assisted
   74  reproductive technology.
   75         (l) “Sperm” means the male reproductive cell.
   76         (2)CONTRACT REQUIREMENTS.—
   77         (a) A commissioning party or donor must enter into a
   78  contract with the donor bank, fertility clinic, health care
   79  practitioner, or reproductive storage facility before he or she
   80  may make a donation of reproductive material. The contract must,
   81  at a minimum, indicate what must be done with the reproductive
   82  material if any of the following occurs:
   83         1. The donor dies or becomes incapacitated.
   84         2. A designated recipient for the donation dies or becomes
   85  incapacitated.
   86         3. The commissioning party separates or the party’s
   87  marriage is dissolved.
   88         4. One member of the commissioning party dies or becomes
   89  incapacitated.
   90         5. The reproductive material is unused, including whether
   91  it may be disposed of, offered to a different recipient, or
   92  donated to science.
   93         6. Any other unforeseen circumstance.
   94         (b) The donor bank, fertility clinic, health care
   95  practitioner, or reproductive storage facility must ensure that
   96  each donation is clearly labeled according to the terms of each
   97  donor or commissioning party’s contract.
   98         (c) The donor bank, fertility clinic, health care
   99  practitioner, or reproductive storage facility must ensure that
  100  the donation is transferred to a recipient, returned, disposed
  101  of, or stored according to the terms of the contract.
  102         (3) BEST PRACTICE POLICIES.—
  103         (a)By January 1, 2021, each donor bank, fertility clinic,
  104  health care practitioner, and reproductive storage facility that
  105  provides assisted reproductive technology in this state shall
  106  develop written best practice policies consistent with 42 U.S.C.
  107  s. 263a(f).
  108         (b)The best practice policies must be submitted to the
  109  appropriate licensing agency or department annually for review.
  110         (c) All reproductive material stored by a donor bank,
  111  fertility clinic, health care practitioner, or reproductive
  112  storage facility must be clearly labeled.
  113         (d)A donor bank, fertility clinic, health care
  114  practitioner, or reproductive storage facility must comply with
  115  the terms of the contract pursuant to subsection (2).
  116         (e) A donor bank, fertility clinic, health care
  117  practitioner, or reproductive storage facility must maintain all
  118  records for at least 30 years.
  119         (f) A health care practitioner may not transfer or
  120  inseminate a recipient or cause a recipient to have transferred
  121  into her body or be inseminated with the reproductive material
  122  of the health care practitioner.
  123         Section 2. Paragraphs (pp) and (qq) are added to subsection
  124  (1) of section 456.072, Florida Statutes, to read:
  125         456.072 Grounds for discipline; penalties; enforcement.—
  126         (1) The following acts shall constitute grounds for which
  127  the disciplinary actions specified in subsection (2) may be
  128  taken:
  129         (pp)Intentionally transferring into a recipient or
  130  inseminating a recipient with, or causing a recipient to have
  131  transferred into her body or be inseminated with, the
  132  reproductive material, as defined in s. 383.61, of a donor
  133  without the recipient’s consent.
  134         (qq) Violating s. 383.61.
  135         Section 3. Subsection (1) of section 456.074, Florida
  136  Statutes, is amended to read:
  137         456.074 Certain health care practitioners; immediate
  138  suspension of license.—
  139         (1) The department shall issue an emergency order
  140  suspending the license of any person licensed under chapter 458,
  141  chapter 459, chapter 460, chapter 461, chapter 462, chapter 463,
  142  chapter 464, chapter 465, chapter 466, or chapter 484 who pleads
  143  guilty to, is convicted or found guilty of, or who enters a plea
  144  of nolo contendere to, regardless of adjudication, to:
  145         (a) A felony under chapter 409, chapter 817, or chapter 893
  146  or under 21 U.S.C. ss. 801-970 or under 42 U.S.C. ss. 1395-1396;
  147  or
  148         (b) A misdemeanor or felony under 18 U.S.C. s. 669, ss.
  149  285-287, s. 371, s. 1001, s. 1035, s. 1341, s. 1343, s. 1347, s.
  150  1349, or s. 1518 or 42 U.S.C. ss. 1320a-7b, relating to the
  151  Medicaid program; or
  152         (c)A felony under s. 784.086, relating to a reproductive
  153  battery.
  154         Section 4. Section 456.51, Florida Statutes, is created to
  155  read:
  156         456.51Health care practitioners; consent for pelvic
  157  examinations.—
  158         (1)As used in this section, the term “pelvic examination”
  159  means the series of tasks that comprise an examination of the
  160  vagina, cervix, uterus, fallopian tubes, ovaries, rectum, or
  161  external pelvic tissue or organs using any combination of
  162  modalities, which may include, but need not be limited to, the
  163  health care provider’s gloved hand or instrumentation, in
  164  accordance with the prevailing professional standard of care for
  165  the health care practitioner as specified in s. 766.102.
  166         (2)A health care practitioner may not perform a pelvic
  167  examination on a patient without the written consent of the
  168  patient or the patient’s legal representative executed specific
  169  to, and expressly identifying, the pelvic examination, unless:
  170         (a)A court orders performance of the pelvic examination
  171  for the collection of evidence;
  172         (b)The pelvic examination is immediately necessary to
  173  avert a serious risk of imminent, substantial, and irreversible
  174  physical impairment of a major bodily function of the patient;
  175  or
  176         (c)The pelvic exam is indicated in the standard care for a
  177  procedure that the patient has consented to.
  178         Section 5. Paragraphs (ww) and (xx) are added to subsection
  179  (1) of section 458.331, Florida Statutes, to read:
  180         458.331 Grounds for disciplinary action; action by the
  181  board and department.—
  182         (1) The following acts constitute grounds for denial of a
  183  license or disciplinary action, as specified in s. 456.072(2):
  184         (ww)Intentionally transferring into a recipient or
  185  inseminating a recipient with, or causing a recipient to have
  186  transferred into her body or be inseminated with, the
  187  reproductive material, as defined in s. 383.61, of a donor
  188  without the recipient’s consent.
  189         (xx) Violating s. 383.61.
  190         Section 6. Paragraphs (yy) and (zz) are added to subsection
  191  (1) of section 459.015, Florida Statutes, to read:
  192         459.015 Grounds for disciplinary action; action by the
  193  board and department.—
  194         (1) The following acts constitute grounds for denial of a
  195  license or disciplinary action, as specified in s. 456.072(2):
  196         (yy)Intentionally transferring into a recipient or
  197  inseminating a recipient with, or causing a recipient to have
  198  transferred into her body or be inseminated with, the
  199  reproductive material, as defined in s. 383.61, of a donor
  200  without the recipient’s consent.
  201         (zz) Violating s. 383.61.
  202         Section 7. Section 784.086, Florida Statutes, is created to
  203  read:
  204         784.086Reproductive battery.—
  205         (1)As used in this section, the term:
  206         (a)“Donor” has the same meaning as in s. 383.61.
  207         (b)“Health care practitioner” has the same meaning as in
  208  s. 456.001.
  209         (c)“Recipient” has the same meaning as in s. 383.61.
  210         (d)“Reproductive material” has the same meaning as in s.
  211  383.61.
  212         (2)A health care practitioner may not intentionally
  213  transfer into the body of a recipient the reproductive material
  214  of a donor or any object containing the reproductive material of
  215  a donor, knowing that the recipient has not consented to the use
  216  of the reproductive material from that donor.
  217         (a) A health care practitioner who violates this subsection
  218  commits a felony of the third degree, punishable as provided in
  219  s. 775.082, s. 775.083, or s. 775.084.
  220         (b) A health care practitioner who violates this section
  221  and is the donor of the reproductive material commits a felony
  222  of the second degree, punishable as provided in s. 775.082, s.
  223  775.083, or s. 775.084, unless the recipient has provided
  224  written consent to the use of the health care practitioner’s
  225  reproductive material.
  226         (3)Notwithstanding any other law, the period of limitation
  227  for a violation under this section does not begin to run until
  228  the date on which the violation is discovered and reported to
  229  law enforcement or any other governmental agency.
  230         (4) It is not a defense to the crime of reproductive
  231  battery that the recipient consented to an anonymous donor.
  232         Section 8. This act shall take effect July 1, 2020.