Senate Amendment to House File 2160 H-8123 Amend House File 2160, as passed by the House, as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < Section 1. NEW SECTION . 714I.1 Short title. 4 This chapter shall be known and may be cited as the “Fraud 5 in Assisted Reproduction Act” . 6 Sec. 2. NEW SECTION . 714I.2 Definitions. 7 For purposes of this chapter, unless the context otherwise 8 requires: 9 1. “Assisted reproduction” means a method of causing 10 pregnancy other than sexual intercourse. 11 2. “Donor” means an individual who provides gametes 12 intended for use in assisted reproduction, whether or not for 13 consideration. 14 3. “Gamete” means a sperm, an egg, or any part of a sperm 15 or an egg. 16 4. “Health care professional” means a person who is 17 licensed, certified, or otherwise authorized or permitted by 18 the law of this state to administer health care in the ordinary 19 course of business or in the practice of a profession. 20 5. “Health facility” means a hospital, clinic, sperm bank, 21 laboratory, or other health care institution involved in the 22 assisted reproduction process. 23 6. “Human reproductive material” means a human gamete or a 24 human organism at any stage of development from fertilized ovum 25 to embryo. 26 7. “Patient” means a person who has received or is receiving 27 health services from a health care professional. 28 8. “Physician” means an individual licensed under chapter 29 148. 30 Sec. 3. NEW SECTION . 714I.3 Prohibited practices and acts. 31 1. A person shall not engage in a practice or act the 32 person knows or reasonably should have known provides false 33 information to a patient related to an assisted reproduction 34 procedure or treatment including false information relating to 35 -1- HF 2160.3534.S (1) 89 mb 1/ 5 #1.

any of the following: 1 a. The human reproductive material used or provided for 2 assisted reproduction. 3 b. The identity of a donor of human reproductive material 4 used or provided for assisted reproduction including but not 5 limited to the donor’s name, birthdate, or address at the time 6 of donation. 7 c. A donor’s medical history including but not limited to an 8 illness of the donor at the time of donation, any past illness 9 of the donor, or the social, genetic, or family history of the 10 donor. 11 2. A physician or a health facility shall not knowingly or 12 intentionally do any of the following: 13 a. Use or provide a patient with human reproductive material 14 for assisted reproduction other than that to which the patient 15 expressly consented in writing. 16 b. Use or provide a patient with human reproductive material 17 for assisted reproduction that is not provided with the donor’s 18 consent or in a manner or to an extent other than that to which 19 the donor consented. 20 3. a. A person that violates subsection 1 is guilty of a 21 class “D” felony, punishable by the applicable maximum years of 22 confinement and maximum fine. 23 b. A physician or health facility that violates subsection 24 2 is guilty of a class “C” felony, punishable by the applicable 25 maximum years of confinement and maximum fine. 26 4. It is not a defense to a violation of this section that 27 a patient expressly consented in writing to the use of human 28 reproductive material from an anonymous donor. 29 5. A violation of this section by a physician, health care 30 professional, or health facility is grounds for denial of an 31 application for, denial of renewal of, or revocation of any 32 license, permit, certification, or any other form of permission 33 required to practice a profession or establish, conduct, or 34 maintain a facility regulated by the state. A violation 35 -2- HF 2160.3534.S (1) 89 mb 2/ 5

of this section by a physician or health care professional 1 constitutes unprofessional conduct. 2 Sec. 4. NEW SECTION . 714I.4 Private right of action —— 3 damages. 4 1. Any of the following persons may bring a cause of action 5 for compensatory and punitive damages against any person that 6 engaged in a prohibited practice or act in violation of this 7 chapter: 8 a. The patient who conceives or conceives and gives birth to 9 a child conceived through assisted reproduction in violation of 10 this chapter. 11 b. The spouse of a patient at the time the patient utilized 12 assisted reproduction services, if the patient conceives or 13 conceives and gives birth to a child conceived through assisted 14 reproduction in violation of this chapter. 15 c. A child born as the result of being conceived through 16 assisted reproduction in violation of this chapter. 17 d. A donor whose human reproductive material resulted in 18 the conception or conception and birth of a child conceived 19 through assisted reproduction in violation of this chapter or 20 whose human reproductive material was used without the donor’s 21 consent or in a manner or to an extent other than that to which 22 the donor consented. 23 2. a. A patient or the spouse of a patient has a separate 24 cause of action under this section for each conception or 25 conception and birth of a child resulting from assisted 26 reproduction performed on the patient in violation of this 27 chapter. 28 b. A donor has a separate cause of action under this 29 section for each conception or conception and birth of a child 30 conceived through assisted reproduction in violation of this 31 chapter using the donor’s human reproductive material, and for 32 each instance in which the donor’s human reproductive material 33 was used without the donor’s consent or in a manner or to an 34 extent other than that to which the donor consented. 35 -3- HF 2160.3534.S (1) 89 mb 3/ 5

3. In an action brought under this section, in addition to 1 any compensatory and punitive damages, the court shall award 2 the prevailing plaintiff the costs of any applicable fertility 3 treatments, court costs, and reasonable attorney fees. 4 Sec. 5. NEW SECTION . 714I.5 Statute of limitations —— other 5 remedies. 6 1. Notwithstanding any provision of law to the contrary, an 7 action brought pursuant to this chapter may be commenced: 8 a. Within ten years after the eighteenth birthday of a child 9 conceived through assisted reproduction as the result of a 10 violation of this chapter. 11 b. If paragraph “a” does not apply, within twenty years 12 from the date the procedure resulting in the conception 13 through assisted reproduction in violation of this chapter was 14 performed. 15 c. If paragraph “a” or “b” does not apply, or if an action 16 would otherwise be barred because the statute of limitations 17 under paragraph “a” or “b” is exhausted, an action under this 18 chapter may be commenced within five years of any of the 19 following, whichever occurs latest: 20 (1) The date the person bringing the action first discovers 21 evidence sufficient to bring an action against the defendant 22 identified through the use of an analysis of a DNA profile 23 as defined in section 81.1. As used in this subparagraph, 24 “identified” means a person’s legal name is known and the person 25 has been determined to be the source of the DNA. 26 (2) The date the person bringing the action first discovers 27 the existence of a recording that provides evidence sufficient 28 to bring an action against the defendant. 29 (3) The date the defendant admits to the facts giving rise 30 to the action. 31 2. This chapter shall not be construed to prohibit a person 32 from pursuing any other remedy provided by law. 33 Sec. 6. Section 147.55, Code 2022, is amended by adding the 34 following new subsection: 35 -4- HF 2160.3534.S (1) 89 mb 4/ 5

NEW SUBSECTION . 7A. Unprofessional conduct constituted by 1 sexual abuse in the third degree in violation of section 709.4, 2 subsection 1A, or a violation of section 714I.3. 3 Sec. 7. Section 692A.102, subsection 1, paragraph c, Code 4 2022, is amended by adding the following new subparagraph: 5 NEW SUBPARAGRAPH . (11A) Sexual abuse in the third degree in 6 violation of section 709.4, subsection 1A. 7 Sec. 8. Section 709.4, Code 2022, is amended by adding the 8 following new subsection: 9 NEW SUBSECTION . 1A. A physician commits sexual abuse in 10 the third degree when the physician violates chapter 714I by 11 knowingly and intentionally implanting the physician’s own 12 human reproductive material through assisted reproduction 13 without the patient’s prior knowledge and express written 14 consent. It is not a defense to a violation of chapter 714I 15 under this subsection that a patient expressly consented in 16 writing to the use of human reproductive material from an 17 anonymous donor. For the purposes of this subsection, “assisted 18 reproduction” , “human reproductive material” , “patient” , and 19 “physician” mean the same as defined in section 714I.2. > 20 2. Title page, line 1, after < reproduction > by inserting 21 < fraud, > 22 -5- HF 2160.3534.S (1) 89 mb 5/ 5