EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0095*
HOUSE BILL 95
J1, J3 5lr1208
(PRE–FILED)
By: Delegate Allen
Requested: October 14, 2024
Introduced and read first time: January 8, 2025
Assigned to: Health and Government Operations
A BILL ENTITLED
AN ACT concerning 1
Health Care Providers – Assisted Reproductive Treatment – Informed Consent 2
and Fraud 3
FOR the purpose of prohibiting a health care provider from using the health care provider’s 4
reproductive material when providing assistive reproductive treatment without the 5
consent of the recipient of the treatment; prohibiting a health care provider from 6
using a donor’s reproductive material to provide assisted reproductive treatment 7
without the donor’s informed consent or in a manner that is inconsistent with the 8
donor’s consent; requiring a health care provider to obtain certain informed consent 9
before providing assistive reproductive treatment; prohibiting a health care provider 10
and an employee of a health care provider from misrepresenting certain information 11
regarding human reproductive material or the donor of the material to the recipient 12
of an assisted reproductive treatment; and generally relating to assisted 13
reproductive treatment and health care provider fraud. 14
BY adding to 15
Article – Health – General 16
Section 20–112 17
Annotated Code of Maryland 18
(2023 Replacement Volume and 2024 Supplement) 19
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
That the Laws of Maryland read as follows: 21
Article – Health – General 22
20–112. 23
2 HOUSE BILL 95
(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANING S 1
INDICATED. 2
(2) (I) “ASSISTED REPRODUCTI VE TREATMENT ” MEANS A METHOD 3
OF CAUSING PREGNANCY OTHER THAN THROUGH S EXUAL INTERCOURSE . 4
(II) “ASSISTED REPRODUCTI VE TREATMENT ” INCLUDES: 5
1. DONATION OF EGGS OR SPERM ; 6
2. DONATION OF EMBRYOS; 7
3. INTRACYTOPLASMIC SPER M INJECTION; 8
4. INTRAUTERINE OR INTRACERVICAL INS EMINATION; 9
AND 10
5. IN VITRO FERTILIZATION AND EMBRYO TRANSFER . 11
(3) “DONOR” MEANS AN INDIVIDUAL WHO PR OVIDES, WITH OR 12
WITHOUT CONSIDERATIO N, SPERM OR AN OVUM INT ENDED FOR USE IN ASS ISTED 13
REPRODUCTI VE TREATMENT . 14
(4) “HEALTH CARE PROVIDER” MEANS AN INDIVIDUAL WHO IS 15
LICENSED, CERTIFIED, OR OTHERWISE AUTHORI ZED UNDER THE HEALTH 16
OCCUPATIONS ARTICLE TO PROVIDE ASSISTED REPRODUCTIVE TREATME NT. 17
(5) “HUMAN REPRODUCTIVE MA TERIAL” MEANS: 18
(I) HUMAN SPERMATOZOON ; 19
(II) HUMAN OVUM ; OR 20
(III) A HUMAN ORGANISM AT ANY STAGE OF DEVE LOPMENT 21
FROM FERTILIZED OVUM TO EMBRYO. 22
(6) “INFORMED CONSENT ” MEANS A WRITTEN DOCUMENT T HAT: 23
(I) IS SIGNED BY THE PATIENT; AND 24
(II) IS ATTESTED TO BY THE PATIENT’S TREATING HEALTH 25
CARE PROVIDER AND A WITNESS. 26
HOUSE BILL 95 3
(B) BEFORE PROVIDING AN ASSISTED REPRODUCTI VE TREATMENT , A 1
HEALTH CARE PROVIDER SHALL : 2
(1) OBTAIN A DONOR’S WRITTEN CONSENT TO USE THE DONOR’S 3
REPRODUCTIVE MATERIA L; 4
(2) OBTAIN A RECIPIENT ’S CONSENT TO USE A S PECIFIC DONOR ’S 5
REPRODUCTIVE MATERIA L; 6
(3) ENSURE THAT CONSENT F OR THE USE OF HUMAN REPRODUCTIVE 7
MATERIAL IS PROVIDED ON A FORM THAT IS DI STINCT AND SEPARATE FROM ANY 8
OTHER CONSENT FORM ; AND 9
(4) MAINTAIN A COPY OF WRITTEN CONSENT OBTA INED UNDER ITEM 10
(1) OR (2) OF THIS SUBSECTION IN THE PROVIDER’S PATIENT RECORDS. 11
(C) (1) A HEALTH CARE PROVIDER SHALL: 12
(I) USE HUMAN REPRODUCTIVE M ATERIAL FROM A DONOR 13
WITH THE RECIPIENT’S INFORMED CONSENT TO USE THA T DONOR’S REPRODUCTIVE 14
MATERIAL DURING ASSI STED REPRODUCTI VE TREATMENT ; 15
(II) USE A DONOR ’S HUMAN REPRODUCTIVE MATERIAL FOR 16
ASSISTED REPRODUCTIV E TREATMENT : 17
1. WITH THE DONOR ’S INFORMED CONSENT; AND 18
2. IN A MANNER THAT IS CONSISTENT WITH THE 19
DONOR’S INFORMED CONSENT; 20
(III) INFORM THE RECIPIENT OF ANY MISUSE , 21
MISREPRESENTATION , OR ERROR INVOLVING T HE REPRODUCTIVE MATE RIAL USED 22
IN THE ASSISTED REPR ODUCTIVE TREATMENT ; AND 23
(IV) REPORT MISUSE , MISREPRESENTATION , OR ERROR 24
INVOLVING THE REPROD UCTIVE MATERIAL USED IN THE ASSISTED REPR ODUCTIVE 25
TREATMENT TO THE HEALTH CA RE PROVIDER’S LICENSING BOARD . 26
(2) A HEALTH CARE PROVIDER MAY NOT: 27
(I) INTENTIONALLY OR KNOWINGLY PROVIDE ASSISTED 28
REPRODUCTIVE TREATME NT TO A PATIENT USIN G THE HEALTH CARE PR OVIDER’S 29
SPERM OR OVUM WITHOU T THE PATIENT ’S INFORMED CONSENT TO ASSISTED 30 4 HOUSE BILL 95
REPRODUCTIVE TREATME NT USING THE HEALTH CARE PROVIDER ’S SPERM OR 1
OVUM; OR 2
(II) PROVIDE ASSISTED REPRODUCTIV E TREATMENT USING A 3
DONOR’S SPERM OR OVUM IF THE HEALTH CARE P ROVIDER KNOWS OR REASONABLY 4
SHOULD KNOW THAT THE HUMAN REPRODU CTIVE MATERIAL WAS U SED: 5
1. WITHOUT THE DONOR’S CONSENT; OR 6
2. IN A MANNER INCONSISTENT WITH THE DONOR ’S 7
CONSENT. 8
(3) A HEALTH CARE PROVIDER OR AN EMPLOYEE OF A HEALTH CARE 9
PROVIDER WHO HANDLES HUMAN REPRODUCTIVE M ATERIAL MAY NOT : 10
(I) MISREPRESENT THE QUAL ITY OF THE HUMAN 11
REPRODUCTIVE MATERIA L TO THE RECIPIENT OF AN ASSISTED REPRODUCTIV E 12
TREATMENT ; OR 13
(II) MISREPRESENT ANY INFO RMATION ABOUT THE DO NOR’S 14
IDENTITY, GENETIC CHARACTERIST ICS, OR MEDICAL HISTORY T O THE RECIPIENT 15
OF AN ASSISTED REPRODUCTIV E TREATMENT . 16
(D) (1) A HEALTH CARE PROVIDER WHO VIOLATES SUBSECTION (C)(2)(I) 17
OF THIS SECTION IS LIABLE FOR CIVIL DAMAGES IN AN ACTION BROUGHT BY: 18
(I) THE WOMAN WHO GIVES B IRTH TO A CHILD AFTER 19
RECEIVING THE ASSISTED REPRODU CTIVE TREATMENT ; 20
(II) THE SPOUSE OR DOMESTIC PARTNER OF THE WOMAN WHO 21
GIVES BIRTH TO A CHI LD AFTER RECEIVING THE ASSISTED REPRODUCT IVE 22
TREATMENT ; OR 23
(III) THE CHILD BORN AS A R ESULT OF THE ASSISTED 24
REPRODUCTI VE TREATMENT . 25
(2) A HEALTH CARE PROVIDER WHO VIOLATES SUBSECT ION (C)(2)(II) 26
OF THIS SECTION IS L IABLE FOR CIVIL DAMA GES IN AN ACTION BRO UGHT BY A 27
DONOR WHOS E REPRODUCTIVE MATERIA L WAS USED BY THE HE ALTH CARE 28
PROVIDER FOR ASSISTI VE REPRODUCTIVE TREA TMENT WITHOUT THE DO NOR’S 29
CONSENT OR NOT IN CO MPLIANCE WITH THE DO NOR’S CONSENT. 30
HOUSE BILL 95 5
(3) AN INDIVIDUAL WHO BRINGS AN ACTION UNDER THIS SECTION 1
MAY ASSERT A SEPARATE CA USE OF ACTION: 2
(I) FOR A VIOLATION OF SU BSECTION (C)(2)(I) OF THIS 3
SECTION, FOR EACH CHILD BORN AS TH E RESULT OF THE ASSISTED REPRODUCT IVE 4
TREATMENT ; AND 5
(II) FOR A VIOLATION OF SU BSECTION (C)(2)(II) OF THIS 6
SECTION, FOR EACH INDIVIDUAL WHO R ECEIVED ASSISTED REPRODUCTIVE 7
TREATMENT WITH THE DONOR ’S HUMAN REPRODUCTIVE MATERIAL. 8
(4) A CHILD BORN AS A RESU LT OF ASSISTED REPRODUCTIV E 9
TREATMENT PROVIDED B Y A HEALTH CARE PROVIDER IN VIOLATION OF 10
SUBSECTION (C)(2)(I) OF THIS SECTION IS ENTITLED TO A QUALIF IED PROTECTIVE 11
ORDER ALLOWING THE C HILD ACCESS TO THE P ERSONAL MEDICAL RECO RDS AND 12
HEALTH HISTORY OF TH E HEALTH CARE PROVID ER. 13
(5) A CIVIL ACTION UNDER T HIS SECTION SHALL BE FILED: 14
(I) WITHIN 10 YEARS AFTER THE CHILD BORN AS A RESULT OF 15
THE ASSISTED REPRODU CTIVE TREATMENT REACHES THE AGE OF 18 YEARS; 16
(II) WITHIN 20 YEARS AFTER THE DAY ON WHICH THE ASSISTED 17
REPRODUCTI VE TREATMENT WAS PROVIDED; OR 18
(III) WITHIN 2 YEARS AFTER THE DAY ON WHICH AN INDIVIDUAL 19
FIRST DISCOVERS SUFFICIENT EVIDENCE THROUGH DNA ANALYSIS THAT THE 20
INDIVIDUAL HAS A CAU SE OF ACTION AGAINST A HEALTH CARE PROVID ER UNDER 21
THIS SECTION. 22
(6) A PLAINTIFF WHO PREVAI LS IN AN ACTION BROU GHT UNDER THIS 23
SECTION SHALL BE ENT ITLED TO: 24
(I) FOR AN ACTION BROUGHT UNDER SUBSECTION (C)(2)(I) OF 25
THIS SECTION, THE COSTS OF THE ASSISTED REPRODUCTIV E TREATMENT ; 26
(II) LIQUIDATED DAMAGES NO T TO EXCEED $50,000; 27
(III) COMPENSATORY DAMAGES ; AND 28
(IV) REASONABLE ATTORNEY ’S FEES AND COSTS. 29
6 HOUSE BILL 95
(E) (1) A HEALTH CARE PROVIDER MAY NOT INTENTIONALL Y OR 1
KNOWINGLY PROVIDE AS SISTED REPRODUCTIVE TREATMENT TO A PATIE NT USING 2
THE HEALTH CARE PROV IDER’S SPERMATOZOON OR OV UM WITHOUT THE PATIE NT’S 3
INFORMED CONSENT TO ASSISTED REPRODUCTIV E TREATMENT USING THE HEALTH 4
CARE PROVIDER ’S SPERMATOZOON OR OV UM. 5
(2) A PERSON WHO VIOLATES PARAGRAPH (1) OF THIS SUBSECTION 6
IS GUILTY OF A FELONY AND ON CONVIC TION IS SUBJECT TO I MPRISONMENT NOT 7
EXCEEDING 10 YEARS OR A FINE NOT EXCEEDING $5,000 OR BOTH. 8
(F) THIS SECTION MAY NOT BE CONSTRUED TO PROH IBIT A PERSON FROM 9
PURSUING ANY OTHER R EMEDY PROVIDED BY LA W. 10
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 11
October 1, 2025. 12