House Amendment to Senate Amendment to House File 2160 S-5113 Amend the Senate amendment, H-8123, to House to File 2160, as 1 passed by the House, as follows: 2 1. By striking page 1, line 1, through page 5, line 22, and 3 inserting: 4 < Amend House File 2160, as passed by the House, as follows: 5 1. By striking everything after the enacting clause and 6 inserting: 7 < Section 1. NEW SECTION . 714I.1 Short title. 8 This chapter shall be known and may be cited as the “Fraud 9 in Assisted Reproduction Act” . 10 Sec. 2. NEW SECTION . 714I.2 Definitions. 11 For purposes of this chapter, unless the context otherwise 12 requires: 13 1. “Assisted reproduction” means a method of causing 14 pregnancy other than sexual intercourse involving medical or 15 scientific intervention. 16 2. “Donor” means an individual who provides gametes 17 intended for use in assisted reproduction, whether or not for 18 consideration. 19 3. “Gamete” means a sperm, an egg, or any part of a sperm 20 or an egg. 21 4. “Health care professional” means a person who is 22 licensed, certified, or otherwise authorized or permitted by 23 the law of this state to administer health care in the ordinary 24 course of business or in the practice of a profession. 25 5. “Health facility” means a hospital, clinic, sperm bank, 26 laboratory, or other health care institution involved in the 27 assisted reproduction process. 28 6. “Human reproductive material” means a human gamete or a 29 human organism at any stage of development from fertilized ovum 30 to embryo. 31 7. “Patient” means a person who has received or is receiving 32 health services from a health care professional. 33 8. “Physician” means an individual licensed under chapter 34 148. 35 -1- H 8123.4256 (1) 89 md 1/ 4 #1.

Sec. 3. NEW SECTION . 714I.3 Prohibited practices and acts. 1 1. A person shall not engage in a practice or act the 2 person knows or reasonably should have known provides false 3 information to a patient related to an assisted reproduction 4 procedure or treatment including false information relating to 5 any of the following: 6 a. The human reproductive material used or provided for 7 assisted reproduction. 8 b. The identity of a donor of human reproductive material 9 used or provided for assisted reproduction including but not 10 limited to the donor’s name, birthdate, or address at the time 11 of donation. 12 c. A donor’s medical history including but not limited to an 13 illness of the donor at the time of donation, any past illness 14 of the donor, or the social, genetic, or family history of the 15 donor. 16 2. A physician or a health facility shall not knowingly or 17 intentionally do any of the following: 18 a. Use or provide a patient with human reproductive material 19 for assisted reproduction other than that to which the patient 20 expressly consented in writing. 21 b. Use or provide a patient with human reproductive material 22 for assisted reproduction that is not provided with the donor’s 23 consent or in a manner or to an extent other than that to which 24 the donor consented. 25 3. a. A person that violates subsection 1 is guilty of a 26 class “D” felony. 27 b. A physician or health facility that violates subsection 2 28 is guilty of a class “C” felony. 29 4. It is not a defense to a violation of this section that 30 a patient expressly consented in writing to the use of human 31 reproductive material from an anonymous donor. 32 5. A violation of this section by a physician, health care 33 professional, or health facility is grounds for denial of an 34 application for, denial of renewal of, or revocation of any 35 -2- H 8123.4256 (1) 89 md 2/ 4

license, permit, certification, or any other form of permission 1 required to practice a profession or establish, conduct, or 2 maintain a facility regulated by the state. A violation 3 of this section by a physician or health care professional 4 constitutes unprofessional conduct. 5 6. A person may pursue any remedy provided by law against 6 a person that engaged in a prohibited practice or act in 7 violation of this section. 8 7. Notwithstanding any provision of law to the contrary, 9 an action brought pursuant to this section is not subject to 10 a statute of limitations and may be commenced at any time 11 after the date the procedure resulting in the conception 12 through assisted reproduction in violation of this section was 13 performed. 14 Sec. 4. Section 147.55, Code 2022, is amended by adding the 15 following new subsection: 16 NEW SUBSECTION . 7A. Sexual abuse in the fourth degree in 17 violation of section 709.4A. 18 Sec. 5. Section 692A.102, subsection 1, paragraph c, Code 19 2022, is amended by adding the following new subparagraph: 20 NEW SUBPARAGRAPH . (012) Sexual abuse in the fourth degree 21 in violation of section 709.4A. 22 Sec. 6. NEW SECTION . 709.4A Sexual abuse in the fourth 23 degree —— health care professionals —— civil remedies. 24 1. A health care professional commits sexual abuse in the 25 fourth degree when the health care professional implants the 26 health care professional’s own human reproductive material 27 through assisted reproduction without the patient’s prior 28 knowledge and written consent. 29 2. Sexual abuse in the fourth degree is an aggravated 30 misdemeanor. 31 3. A parent-child relationship between a child and a health 32 care professional is not created for any legal purpose upon the 33 birth of a child born as the result of being conceived through 34 the commission of sexual abuse in the fourth degree by a health 35 -3- H 8123.4256 (1) 89 md 3/ 4

care professional pursuant to this section. 1 4. Notwithstanding any provision of law to the contrary, 2 in addition to any other civil remedy provided by law, a 3 patient is entitled to damages in an amount that is the basic 4 support obligation prescribed by the child support guidelines 5 established pursuant to section 598.21B based on the health 6 care professional’s monthly adjusted net income. 7 5. For the purposes of this section, “assisted 8 reproduction” , “gamete” , “health care professional” , “human 9 reproductive material” , and “patient” mean the same as defined 10 in section 714I.2. 11 Sec. 7. Section 802.2, Code 2022, is amended to read as 12 follows: 13 802.2 Sexual abuse —— first, second, or third , or fourth 14 degree. 15 1. An information or indictment for sexual abuse in the 16 first, second, or third , or fourth degree committed on or 17 with a person who is under the age of eighteen years may be 18 commenced at any time after the commission of the offense. 19 2. An information or indictment for any other sexual abuse 20 in the first, second, or third , or fourth degree shall be 21 commenced within ten years after its commission, or if the 22 person against whom the information or indictment is sought is 23 identified through the use of a DNA profile, an information or 24 indictment shall be commenced within three years from the date 25 the person is identified by the person’s DNA profile, whichever 26 is later. 27 3. As used in this section , “identified” means a person’s 28 legal name is known and the person has been determined to be 29 the source of the DNA. > 30 2. Title page, line 1, after < reproduction > by inserting 31 < fraud >> 32 -4- H 8123.4256 (1) 89 md 4/ 4