| 1 | 1 | | HOUSE BILL NO. 4178 A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 219g. the people of the state of michigan enact: Sec. 219g. (1) A person who knowingly, intentionally, or willfully engages in a practice or act the person knows or reasonably should know provides false or misleading information related to an assisted reproduction procedure, including by making a false or misleading representation relating to any of the following, is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $50,000.00, or both: (a) The human embryo or gamete used or provided for assisted reproduction. (b) The identity of a donor of the human embryo or gamete used or provided for assisted reproduction, including, but not limited to, the donor's name, birthdate, or address at the time of donation. (c) A donor's medical history, including present illness of the donor at time of donation, any past illnesses of the donor, any history of diagnosed mental illness, the social history of the donor, any known genetic defects of the donor, the family medical history of the donor, or the donor's level of education. (2) A health professional who knowingly or recklessly uses or provides a human embryo or gamete, including his or her own human embryo or gamete, for assisted reproduction other than the specific human embryo or gamete to which the patient expressly consented in writing is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not more than $100,000.00, or both. (3) The use of an anonymous donor, if requested by a patient, is not a defense to a violation of this section committed by a health professional. (4) As used in this section: (a) "Anonymous donor" means a donor whose identity is not provided to the patient. (b) "Assisted reproduction" means a method of causing pregnancy other than sexual intercourse. (c) "Donor" means an individual who provides gametes or human embryos intended for use in assisted reproduction, regardless of whether or not the individual receives financial compensation for the donation. (d) "Family medical history of the donor" means the complete medical history of the first-degree, second-degree, and third-degree relatives of the donor. (e) "Gamete" means sperm, egg, or any part of a sperm or egg. (f) "Health professional" means an individual licensed, registered, certified, or otherwise authorized to engage in a health profession under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838. (g) "Human embryo" means a human organism at any stage of development from fertilized ovum to embryo. (h) "Identity" means legal name. (i) "Know" or "knowingly" means that a health professional or other person undertook an action with knowledge and not because of mistake, accident, or other innocent reason. (j) "Patient" means an individual under the care of a health professional. (k) "Social history of the donor" means the personal and sexual history of the donor pertaining to risk factors for relevant communicable disease transmissible via gamete donation. Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law. |
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| 25 | 25 | | HOUSE BILL NO. 4178 |
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| 28 | 28 | | |
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| 29 | 29 | | A bill to amend 1931 PA 328, entitled |
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| 30 | 30 | | |
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| 31 | 31 | | "The Michigan penal code," |
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| 32 | 32 | | |
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| 33 | 33 | | (MCL 750.1 to 750.568) by adding section 219g. |
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| 34 | 34 | | |
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| 35 | 35 | | the people of the state of michigan enact: |
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| 36 | 36 | | |
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| 37 | 37 | | Sec. 219g. (1) A person who knowingly, intentionally, or willfully engages in a practice or act the person knows or reasonably should know provides false or misleading information related to an assisted reproduction procedure, including by making a false or misleading representation relating to any of the following, is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $50,000.00, or both: |
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| 38 | 38 | | |
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| 39 | 39 | | (a) The human embryo or gamete used or provided for assisted reproduction. |
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| 40 | 40 | | |
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| 41 | 41 | | (b) The identity of a donor of the human embryo or gamete used or provided for assisted reproduction, including, but not limited to, the donor's name, birthdate, or address at the time of donation. |
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| 42 | 42 | | |
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| 43 | 43 | | (c) A donor's medical history, including present illness of the donor at time of donation, any past illnesses of the donor, any history of diagnosed mental illness, the social history of the donor, any known genetic defects of the donor, the family medical history of the donor, or the donor's level of education. |
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| 44 | 44 | | |
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| 45 | 45 | | (2) A health professional who knowingly or recklessly uses or provides a human embryo or gamete, including his or her own human embryo or gamete, for assisted reproduction other than the specific human embryo or gamete to which the patient expressly consented in writing is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not more than $100,000.00, or both. |
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| 46 | 46 | | |
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| 47 | 47 | | (3) The use of an anonymous donor, if requested by a patient, is not a defense to a violation of this section committed by a health professional. |
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| 48 | 48 | | |
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| 49 | 49 | | (4) As used in this section: |
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| 50 | 50 | | |
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| 51 | 51 | | (a) "Anonymous donor" means a donor whose identity is not provided to the patient. |
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| 52 | 52 | | |
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| 53 | 53 | | (b) "Assisted reproduction" means a method of causing pregnancy other than sexual intercourse. |
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| 54 | 54 | | |
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| 55 | 55 | | (c) "Donor" means an individual who provides gametes or human embryos intended for use in assisted reproduction, regardless of whether or not the individual receives financial compensation for the donation. |
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| 56 | 56 | | |
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| 57 | 57 | | (d) "Family medical history of the donor" means the complete medical history of the first-degree, second-degree, and third-degree relatives of the donor. |
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| 58 | 58 | | |
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| 59 | 59 | | (e) "Gamete" means sperm, egg, or any part of a sperm or egg. |
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| 60 | 60 | | |
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| 61 | 61 | | (f) "Health professional" means an individual licensed, registered, certified, or otherwise authorized to engage in a health profession under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838. |
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| 62 | 62 | | |
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| 63 | 63 | | (g) "Human embryo" means a human organism at any stage of development from fertilized ovum to embryo. |
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| 64 | 64 | | |
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| 65 | 65 | | (h) "Identity" means legal name. |
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| 66 | 66 | | |
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| 67 | 67 | | (i) "Know" or "knowingly" means that a health professional or other person undertook an action with knowledge and not because of mistake, accident, or other innocent reason. |
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| 68 | 68 | | |
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| 69 | 69 | | (j) "Patient" means an individual under the care of a health professional. |
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| 70 | 70 | | |
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| 71 | 71 | | (k) "Social history of the donor" means the personal and sexual history of the donor pertaining to risk factors for relevant communicable disease transmissible via gamete donation. |
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| 72 | 72 | | |
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| 73 | 73 | | Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law. |
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