DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of the
legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 833 Original 2024 Regular Session Davis
Abstract: Provides relative to in vitro fertilization.
Present law (R.S. 9:121) provides that a "human embryo" is an in vitro fertilized human ovum with
certain rights granted by law and composed of one or more living human cells and human genetic
material so unified and organized that it will develop in utero into an unborn child.
Proposed law changes the definition of "human embryo" to an in vitro fertilized human ovum that
may develop in utero to an unborn child. Proposed law also clarifies language regarding the
description of human embryos.
Present law (R.S. 9:124) classifies a human embryo as a juridical person that can sue or be sued.
Present law also provides that the in vitro fertilized human ovum shall be given an identification by
the medical facility for use within the medical facility and provides confidentiality of the in vitro
fertilization patient.
Proposed law retains present law and removes redundant language.
Present law (R.S. 9:126) provides that an in vitro fertilized human ovum is a biological human being.
Proposed law changes present law by providing that an in vitro fertilized human ovum represents
the potential for development into a biological human being which is under control of the patient and
is not the property of the physician.
Present law (R.S. 9:128) provides qualifications for medical professionals and facilities engaged in
in vitro fertilization procedures.
Proposed law retains present law but updates the licensing and training entities.
Present law (R.S. 9:129) provides that an in vitro fertilized human ovum that fails to develop further
over a 36 hour period except when the embryo is in a state of cryopreservation, is considered
non-viable, and is not considered a juridical person.
Proposed law changes present law by providing that a viable in vitro fertilized human ovum is one
that is considered ethically or clinically appropriate to transfer as defined by the guidelines set by the
American Society for Reproductive Medicine and that a non-viable in vitro fertilized human ovum
is not a juridical person. Present law (R.S. 9:132) provides that any physician, hospital, in vitro fertilization clinic, or their
agent who acts in good faith shall not be held strictly liable or liable in any action relating to
succession rights and inheritance for the screening, collection, conservation, preparation, transfer,
or cryopreservation of the human ovum fertilized in vitro for transfer to the human uterus.
Present law (R.S. 9:132) also provides that any immunity granted by present law is applicable only
to an action brought on behalf of the in vitro fertilized human ovum as a juridical person.
Proposed law changes present law by providing that no individual or entity shall be subject to
criminal prosecution or civil liability for any directions provided by the patient to the medical staff
or facility or for actions performed in the normal course of business that resulted in an in vitro
fertilized ovum becoming non viable.
(Amends R.S. 9:121, 124, 126, 128, 129, and 132)