Title: Reproductive Medicine

Summary: Provides that certain health care profession licensees & physicians who perform specified acts with human reproductive material without recipient's consent are subject to certain disciplinary action; prohibits health care practitioner from intentionally performing specified acts with reproductive material of donor without recipient's consent; provides penalties; tolls applicable time limitations for criminal prosecution.

Full Text:
An act relating to reproductive medicine; amending s. 456.072, F.S.; providing that certain health care profession licensees who intentionally perform specified acts with human reproductive material without a recipient's consent are subject to certain disciplinary action; amending ss. 458.331 and 459.015, F.S.; providing that a physician who performs specified acts with human reproductive material is subject to certain disciplinary action; creating s. 784.086, F.S.; providing definitions; prohibiting a health care practitioner from intentionally performing specified acts with the human reproductive material of a donor without a recipient's consent; provid ing penalties; tolling applicable time limitations for criminal prosecution; providing effective dates. Be It Enacted by the Legislature of the State of Florida: Section 1. Paragraph (pp) is added to subsection (1) of section 456.072, Florida Sta tutes, to read: 456.072 Grounds for discipline; penalties; enforcement.-(1) The following acts shall constitute grounds for which the disciplinary actions specified in subsection (2) may be taken: CS/HB 1287 2020 (pp) Intentionally implanting or inseminating a pati ent or causing a patient to be implanted or inseminated with the human reproductive material, as defined in s. 784.086, of a donor without the recipient's consent to the use of the reproductive material from that donor. Section 2. Paragraph (ww) is add ed to subsection (1) of section 458.331, Florida Statutes, to read: 458.331 Grounds for disciplinary action; action by the board and department.-(1) The following acts constitute grounds for denial of a license or disciplinary action, as specified in s. 456.072(2): (ww) Implanting or inseminating a patient or causing a patient to be implanted or inseminated with the human reproductive material, as defined in s. 784.086, of the licensee. Section 3. Paragraph (yy) is added to subsection (1) of section 459.015, Florida Statutes, to read: 459.015 Grounds for disciplinary action; action by the board and department.-(1) The following acts constitute grounds for denial of a license or disciplinary action, as specified in s. 456.072(2): (yy) Implan ting or inseminating a patient or causing a patient to be implanted or inseminated with the human reproductive material, as defined in s. 784.086, of the licensee. CS/HB 1287 2020 Section 4. Effective October 1, 2020, section 784.086, Florida Statutes, is created to read: 784.086 Reproductive battery.-(1) As used in this section, the term: (a) "Donor" means a person who donates reproductive material, regardless of whether for personal use or compensation. (b) "Health care practitioner" has the same meaning as provided in s. 456.001. (c) "Recipient" means a person who receives reproductive material from a donor. (d) "Reproductive material" means any human "egg," "preembryo," or "sperm," as those terms are defined in s. 742.13. (2) A health care practition er may not intentionally penetrate the vagina of a recipient with the human reproductive material of a donor or any object containing the reproductive material of a donor, knowing the recipient has not consented to the use of the reproductive material from that donor. (3) A health care practitioner who violates this section commits reproductive battery, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (4) Notwithstanding any other provision of law, the perio dof limitation for a violation under this section does not begin to run until the date on which the violation is discovered and CS/HB 1287 2020 reported to law enforcement or any other governmental agency. Section 5. Except as otherwise expressly provided in this act, this act shall take effect July 1, 2020.