Oregon House Bill HB4038

Oregon 2022 Regular Session

• Introduced: 2/1/22
• Refer: 2/1/22
• Failed: 3/4/22

Caption

Relating to human reproductive material.

Impact

If enacted, HB 4038 will significantly affect state laws by codifying protections against deceitful practices in assisted reproduction. The introduction of criminal penalties for misleading representations aims to increase accountability among healthcare providers and facilities involved in reproductive services. The bill also empowers the Oregon Medical Board to impose disciplinary actions for violations, thereby strengthening oversight in medical practices related to reproduction. Such measures are intended to bolster patient confidence in assisted reproductive technologies and safeguard against malpractice.

Summary

House Bill 4038 addresses critical issues surrounding assisted reproduction by establishing specific legal parameters regarding false representation and the unlawful use of human reproductive material. The bill creates two new criminal offenses: 'false representation in assisted reproduction' and 'unlawful use of human reproductive material.' These offenses carry penalties of up to 364 days' imprisonment, fines up to $6,250, or both. The legislation aims to protect patients by ensuring that all parties involved in reproductive technologies provide truthful and informed consent regarding the use of reproductive materials.

Contention

Debate surrounding HB 4038 is expected as it raises complex ethical and legal questions. Supporters may argue that the bill is necessary to protect vulnerable patients entering into reproductive agreements, emphasizing the importance of transparency and trust. Opponents, however, might express concerns about the potential chilling effect on medical professionals who may hesitate to practice due to fear of legal repercussions. The balance between patient safety and medical autonomy could become a point of contention as the bill progresses through the legislative process.