S.F. 2169 Section 1. NEW SECTION . 714I.1 Short title. 1 This chapter shall be known and may be cited as the “Fraud 2 in Assisted Reproduction Act” . 3 Sec. 2. NEW SECTION . 714I.2 Definitions. 4 For purposes of this chapter, unless the context otherwise 5 requires: 6 1. “Assisted reproduction” means a method of causing 7 pregnancy other than sexual intercourse. 8 2. “Donor” means an individual who provides gametes 9 intended for use in assisted reproduction, whether or not for 10 consideration. 11 3. “Gamete” means a sperm, an egg, or any part of a sperm 12 or an egg. 13 4. “Health care professional” means a person who is 14 licensed, certified, or otherwise authorized or permitted by 15 the law of this state to administer health care in the ordinary 16 course of business or in the practice of a profession. 17 5. “Health facility” means a hospital, clinic, sperm bank, 18 laboratory, or other health care institution involved in the 19 assisted reproduction process. 20 6. “Human reproductive material” means a human gamete or a 21 human organism at any stage of development from fertilized ovum 22 to embryo. 23 7. “Patient” means a person who has received or is receiving 24 health services from a health care professional. 25 8. “Physician” means an individual licensed under chapter 26 148. 27 Sec. 3. NEW SECTION . 714I.3 Prohibited practices and acts. 28 1. A person shall not engage in a practice or act the 29 person knows or reasonably should have known provides false 30 information to a patient related to an assisted reproduction 31 procedure or treatment including false information relating to 32 any of the following: 33 a. The human reproductive material used or provided for 34 assisted reproduction. 35 -1- LSB 5376XS (6) 89 pf/jh 1/ 9

S.F. 2169 b. The identity of a donor of human reproductive material 1 used or provided for assisted reproduction including but not 2 limited to the donor’s name, birthdate, or address at the time 3 of donation. 4 c. A donor’s medical history including but not limited to an 5 illness of the donor at the time of donation, any past illness 6 of the donor, or the social, genetic, or family history of the 7 donor. 8 2. A physician or a health facility shall not knowingly or 9 intentionally do any of the following: 10 a. Use or provide a patient with human reproductive material 11 for assisted reproduction other than that to which the patient 12 expressly consented in writing. 13 b. Use or provide a patient with human reproductive material 14 for assisted reproduction that is not provided with the donor’s 15 consent or in a manner or to an extent other than that to which 16 the donor consented. 17 3. a. A person that violates subsection 1 is guilty of a 18 class “D” felony, punishable by the applicable maximum years of 19 confinement and maximum fine. 20 b. A physician or health facility that violates subsection 21 2 is guilty of a class “C” felony, punishable by the applicable 22 maximum years of confinement and maximum fine. 23 4. It is not a defense to a violation of this section that 24 a patient expressly consented in writing to the use of human 25 reproductive material from an anonymous donor. 26 5. A violation of this section by a physician, health care 27 professional, or health facility is grounds for denial of an 28 application for, denial of renewal of, or revocation of any 29 license, permit, certification, or any other form of permission 30 required to practice a profession or establish, conduct, or 31 maintain a facility regulated by the state. A violation 32 of this section by a physician or health care professional 33 constitutes unprofessional conduct. 34 Sec. 4. NEW SECTION . 714I.4 Private right of action —— 35 -2- LSB 5376XS (6) 89 pf/jh 2/ 9

S.F. 2169 damages. 1 1. Any of the following persons may bring a cause of action 2 for compensatory and punitive damages against any person that 3 engaged in a prohibited practice or act in violation of this 4 chapter: 5 a. The patient who conceives or conceives and gives birth to 6 a child conceived through assisted reproduction in violation of 7 this chapter. 8 b. The spouse of a patient at the time the patient utilized 9 assisted reproduction services, if the patient conceives or 10 conceives and gives birth to a child conceived through assisted 11 reproduction in violation of this chapter. 12 c. A child born as the result of being conceived through 13 assisted reproduction in violation of this chapter. 14 d. A donor whose human reproductive material resulted in 15 the conception or conception and birth of a child conceived 16 through assisted reproduction in violation of this chapter or 17 whose human reproductive material was used without the donor’s 18 consent or in a manner or to an extent other than that to which 19 the donor consented. 20 2. a. A patient or the spouse of a patient has a separate 21 cause of action under this section for each conception or 22 conception and birth of a child resulting from assisted 23 reproduction performed on the patient in violation of this 24 chapter. 25 b. A donor has a separate cause of action under this 26 section for each conception or conception and birth of a child 27 conceived through assisted reproduction in violation of this 28 chapter using the donor’s human reproductive material, and for 29 each instance in which the donor’s human reproductive material 30 was used without the donor’s consent or in a manner or to an 31 extent other than that to which the donor consented. 32 3. In an action brought under this section, in addition to 33 any compensatory and punitive damages, the court shall award 34 the prevailing plaintiff the costs of any applicable fertility 35 -3- LSB 5376XS (6) 89 pf/jh 3/ 9

S.F. 2169 treatments, court costs, and reasonable attorney fees. 1 Sec. 5. NEW SECTION . 714I.5 Statute of limitations —— other 2 remedies. 3 1. Notwithstanding any provision of law to the contrary, an 4 action brought pursuant to this chapter may be commenced: 5 a. Within ten years after the eighteenth birthday of a child 6 conceived through assisted reproduction as the result of a 7 violation of this chapter. 8 b. If paragraph “a” does not apply, within twenty years 9 from the date the procedure resulting in the conception 10 through assisted reproduction in violation of this chapter was 11 performed. 12 c. If paragraph “a” or “b” does not apply, or if an action 13 would otherwise be barred because the statute of limitations 14 under paragraph “a” or “b” is exhausted, an action under this 15 chapter may be commenced within five years of any of the 16 following, whichever occurs latest: 17 (1) The date the person bringing the action first discovers 18 evidence sufficient to bring an action against the defendant 19 identified through the use of an analysis of a DNA profile 20 as defined in section 81.1. As used in this subparagraph, 21 “identified” means a person’s legal name is known and the person 22 has been determined to be the source of the DNA. 23 (2) The date the person bringing the action first discovers 24 the existence of a recording that provides evidence sufficient 25 to bring an action against the defendant. 26 (3) The date the defendant admits to the facts giving rise 27 to the action. 28 2. This chapter shall not be construed to prohibit a person 29 from pursuing any other remedy provided by law. 30 Sec. 6. Section 147.55, Code 2022, is amended by adding the 31 following new subsection: 32 NEW SUBSECTION . 7A. Unprofessional conduct constituted by 33 sexual abuse in the third degree in violation of section 709.4, 34 subsection 1A, or a violation of section 714I.3. 35 -4- LSB 5376XS (6) 89 pf/jh 4/ 9

S.F. 2169 Sec. 7. Section 692A.102, subsection 1, paragraph c, Code 1 2022, is amended by adding the following new subparagraph: 2 NEW SUBPARAGRAPH . (11A) Sexual abuse in the third degree in 3 violation of section 709.4, subsection 1A. 4 Sec. 8. Section 709.4, Code 2022, is amended by adding the 5 following new subsection: 6 NEW SUBSECTION . 1A. A physician commits sexual abuse in 7 the third degree when the physician violates chapter 714I by 8 knowingly and intentionally implanting the physician’s own 9 human reproductive material through assisted reproduction 10 without the patient’s prior knowledge and express written 11 consent. It is not a defense to a violation of chapter 714I 12 under this subsection that a patient expressly consented in 13 writing to the use of human reproductive material from an 14 anonymous donor. For the purposes of this subsection, “assisted 15 reproduction” , “human reproductive material” , “patient” , and 16 “physician” mean the same as defined in section 714I.2. 17 EXPLANATION 18 The inclusion of this explanation does not constitute agreement with 19 the explanation’s substance by the members of the general assembly. 20 This bill creates the fraud in assisted reproduction Act. 21 The bill provides definitions for the purposes of the bill 22 including “assisted reproduction”, “donor”, “gamete”, “health 23 care professional”, “health facility”, “human reproductive 24 material”, “patient”, and “physician”. 25 The bill prohibits a person from engaging in a practice 26 or act the person knows or reasonably should have known 27 provides false information to a patient related to an assisted 28 reproduction procedure or treatment. 29 The bill prohibits a physician or a health facility from 30 knowingly or intentionally using or providing a patient with 31 human reproductive material for assisted reproduction other 32 than that to which the patient expressly consented in writing 33 and from using or providing a patient with human reproductive 34 material for assisted reproduction that is not provided with 35 -5- LSB 5376XS (6) 89 pf/jh 5/ 9

S.F. 2169 the donor’s consent or in a manner or to an extent other than 1 that to which the donor consented. 2 A person that engages in a practice or act the person knows 3 or reasonably should have known provides false information to 4 a patient related to an assisted reproduction procedure or 5 treatment is guilty of a class “D” felony, punishable by the 6 applicable maximum years of confinement and maximum fine. A 7 class “D” felony is punishable by confinement for no more than 8 five years and a fine of at least $1,025 but not more than 9 $10,245. 10 A physician or health facility that uses or provides 11 a patient with human reproductive material for assisted 12 reproduction other than that to which the patient expressly 13 consented in writing or that is not provided with the donor’s 14 consent or in a manner or to an extent other than that to 15 which the donor consented, is guilty of a class “C” felony, 16 punishable by the applicable maximum years of confinement and 17 maximum fine. A class “C” felony is punishable by confinement 18 for no more than 10 years and a fine of at least $1,370 but not 19 more than $13,660. 20 It is not a defense to a violation of these provisions 21 of the bill that a patient expressly consented in writing 22 to the use of human reproductive material from an anonymous 23 donor. A violation of these provisions of the bill by a 24 physician, health care professional, or health facility is 25 grounds for denial of an application for, denial of renewal 26 of, or revocation of any license, permit, certification, or 27 any other form of permission required to practice a profession 28 or to establish, conduct, or maintain a facility regulated 29 by the state. A violation of these provisions of the bill 30 by a physician or health care professional constitutes 31 unprofessional conduct subjecting a licensee to discipline 32 which may include revocation or suspension of a license. 33 The bill provides for a private cause of action to be brought 34 for compensatory and punitive damages against any person that 35 -6- LSB 5376XS (6) 89 pf/jh 6/ 9

S.F. 2169 engaged in a prohibited practice or act in violation of the 1 bill. A cause of action may be brought by the patient who 2 conceives or conceives and gives birth to a child conceived 3 through assisted reproduction in violation of the bill; 4 the spouse of a patient at the time the patient utilized 5 assisted reproduction services, if the patient conceives or 6 conceives and gives birth to a child conceived through assisted 7 reproduction in violation of the bill; a child born as the 8 result of being conceived through assisted reproduction in 9 violation of the bill; or a donor whose human reproductive 10 material resulted in the conception or conception and birth of 11 a child conceived through assisted reproduction in violation of 12 bill or whose human reproductive material was used without the 13 donor’s consent or in a manner or to an extent other than that 14 to which the donor consented. 15 A patient or the spouse of a patient has a separate cause of 16 action for each conception or conception and birth of a child 17 resulting from assisted reproduction performed on the patient 18 in violation of the bill. A donor has a separate cause of 19 action for each conception or conception and birth of a child 20 conceived through assisted reproduction in violation of the 21 bill using the donor’s human reproductive material, and for 22 each instance in which the donor’s human reproductive material 23 was used without the donor’s consent or in a manner or to an 24 extent other than that to which the donor consented. 25 In addition to any compensatory and punitive damages 26 awarded, the court shall award the prevailing plaintiff the 27 costs of any applicable fertility treatments, court costs, and 28 reasonable attorney fees. 29 The bill provides statutes of limitations applicable to an 30 action brought to address violations of these provisions of the 31 bill. Under the bill, an action may be brought within 10 years 32 after the 18th birthday of a child conceived through assisted 33 reproduction as the result of a violation of the bill, or if 34 this provision does not apply, within 20 years from the date 35 -7- LSB 5376XS (6) 89 pf/jh 7/ 9

S.F. 2169 the procedure resulting in the conception through assisted 1 reproduction in violation of the bill was performed. 2 If neither of these provisions is applicable or if an 3 action would otherwise be barred because the statutes of 4 limitations under these provisions are exhausted, an action 5 may be commenced within five years of any of the following, 6 whichever occurs latest: the date the person bringing the 7 action first discovers evidence sufficient to bring an action 8 against the defendant identified through the use of an analysis 9 of a DNA profile as defined in Code section 81.1; the date the 10 person bringing the action first discovers the existence of a 11 recording that provides evidence sufficient to bring an action 12 against the defendant; or the date the defendant admits to the 13 facts giving rise to the action. 14 The bill does not prohibit a person from pursuing any other 15 remedy provided by law. 16 The bill also provides that a physician commits sexual abuse 17 in the third degree when the physician implants the physician’s 18 own human reproductive material through assisted reproduction 19 without the patient’s prior knowledge and written consent. 20 Sexual abuse in the third degree is also a class “C” felony. 21 The bill provides that under Code chapter 692A (sex offender 22 registry), sexual abuse in the third degree when a physician 23 violates the bill by implanting the physician’s own human 24 reproductive material through assisted reproduction without the 25 patient’s prior knowledge and without consent is a tier III 26 sex offense for purposes of required registration on the sex 27 offender registry. 28 Current statute of limitations provisions under Code section 29 802.2 provide that an information or indictment for sexual 30 abuse in the third degree committed on or with a person who 31 is under the age of 18 years may be commenced at any time 32 after the commission of the offense; or within 10 years after 33 its commission, or if the person against whom the information 34 or indictment is sought is identified through the use of a 35 -8- LSB 5376XS (6) 89 pf/jh 8/ 9