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: 42 383.61 Assisted 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
or148 (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: 156 456.51 Health 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: 204 784.086 Reproductive 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.