Assisted Reproduction.
Assisted reproduction is a method of causing pregnancy other than sexual intercourse. Forms of assisted reproduction include intrauterine or intracervical insemination, donation of gametes, donation of embryos, in-vitro fertilization and transfer of embryos, and intracytoplasmic sperm injection. A donor is an individual who provides gametes intended for use in assisted reproduction. Gametes are sperm, eggs, or any part of a sperm or egg.
Classification of Crimes.
Crimes are classified as misdemeanors, gross misdemeanors, or class A, B, or C felonies. While there are exceptions, the classification of a crime generally determines the maximum term of confinement and fine for an offense. For each classification, the maximum terms of confinement and maximum fines are as follows:
| Classification | Maximum Confinement | Maximum Fine |
| Misdemeanor | 90 days | $1,000 |
| Gross Misdemeanor | 364 days | $5,000 |
| Class C Felony | 5 years | $10,000 |
| Class B Felony | 10 years | $20,000 |
| Class A Felony | Life | $50,000 |
For most felony offenses, the Sentencing Reform Act determines a specific sentence range within the statutory maximum according to a sentencing grid. The sentencing grid provides a standard range of months for the sentence, based on both the severity, or "seriousness level," of the offense and the convicted person's "offender score," which is based on the person's criminal history. The seriousness level of an offense ranges from level I on the low end to level XVI on the high end. An offender score may vary from zero to nine plus points depending on certain factors.
Assault in the Third Degree.
A person commits assault if he or she attempts to inflict bodily injury on another person with unlawful force, unlawfully touches another person with criminal intent, or puts another person in apprehension of harm. An assault may be classified as Assault in the first, second, third, or fourth degree, depending on the specific circumstances.
A person commits Assault in the third degree if he or she, under circumstances not amounting to Assault in the first or second degree, assaults a specific category of person or commits the assault with certain intent or criminal negligence accompanied by other specific factors. For example, Assault in the third degree includes assaults against firefighters and law enforcement officers performing their official duties. Assault in the third degree is a class C felony ranked at seriousness level III.
Uniform Disciplinary Act.
The Uniform Disciplinary Act (UDA) provides a standardized set of procedures for enforcing laws concerning licensure and misconduct of licensed health care professionals. The UDA also provides a list of acts that constitute unprofessional conduct. An applicable disciplining authority may initiate a disciplinary action against a licensee after receiving a complaint or if the disciplining authority has reason to believe that the licensee engaged in unprofessional conduct.
Assault in the Third Degree.
The definition of Assault in the third degree is expanded to include when a person implants his or her gametes or reproductive material into a patient without the patient's written consent.
Uniform Disciplinary Act.
The list of acts that constitute unprofessional conduct under the Uniform Disciplinary Act is expanded to include when a licensee implants his or her gametes or reproductive material into a patient without the patient's written consent.
Fraud in Assisted Reproduction—Work Group.
By August 1, 2023, the Department of Health (DOH) must convene a work group to evaluate and make recommendations to the Governor and the Legislature related to addressing fraud in assisted reproduction. The work group must, at minimum, consist of stakeholders representing:
Once convened, the work group must continue to meet at least once every two months to evaluate and make recommendations related to the following subjects:
The DOH must issue a final report to the Governor and the Legislature by October 1, 2024. The work group expires January 1, 2025.
(In support) A person's identity is largely tied to where that person comes from, and it can be life shattering when that person's sense of identity changes due to fraud in assisted reproduction. Gaps in the legal system need to be filled to ensure physicians are held accountable. As compared to last year's version of the bill, this year's version adds an important provision for disciplinary actions under the Uniform Disciplinary Act. This year's version also creates a work group to look at different examples of fraud in assisted reproduction and consider rules to address such fraud.
(Opposed) None.
The Appropriations Committee recommended that the requirement for the Department of Health to convene a work group and make recommendations be done within existing resources.
(In support) Fertility clinics lack sufficient oversight and are not held accountable when patients and children suffer. When donor identity is unknown and a clinic does not cooperate, it is impossible to obtain critical genetic information. There should be an obligation to inform patients and relatives when critical health information is discovered. When fraud occurs in artificial insemination services, it often involves the doctor's own sperm, and there are doctors who have done this in this state. People are entitled to accurate information when they create a human being. Reproductive health is health care, and there need to be consequences for fraud.
(Opposed) None.