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AR SB474

Bill

Status

Passed

4/12/2021

Primary Sponsor

Charles Beckham

Click for details

Origin

Senate

93rd General Assembly (2021 Regular)

AI Summary

  • Creates the criminal offense of fertility treatment abuse (Class B felony) for healthcare providers who knowingly use unauthorized human reproductive material during assisted reproduction procedures without patient consent

  • Creates the criminal offense of fertility treatment fraud (Class C felony) for misrepresenting the identity of reproductive material donors or the quality of reproductive material/procedures used in fertility treatments

  • Establishes a civil cause of action for civil fertility fraud against healthcare providers who knowingly use their own reproductive material, another person's reproductive material, or a patient's reproductive material without informed written consent

  • Allows civil fertility fraud plaintiffs to recover reasonable attorney's fees, fertility treatment costs, and economic, compensatory, and punitive damages, with separate causes of action for each child born or each additional fertility patient treated

  • Sets a 5-year statute of limitations for civil fertility fraud actions commencing from the earliest date of discovering evidence through DNA analysis, finding recordings, or defendant admission

Legislative Description

To Create The Criminal Offenses Of Fertility Treatment Abuse And Fertility Treatment Fraud; And To Create The Civil Action Of Civil Fertility Fraud.

Last Action

Notification that SB474 is now Act 609

4/12/2021

Committee Referrals

Judiciary3/18/2021
Judiciary3/4/2021

Full Bill Text

No bill text available