Pennsylvania 2023-2024 Regular Session

Pennsylvania House Bill HB376

Introduced
3/14/23  

Caption

In sexual offenses, providing for the offense of fertility fraud; in particular rights and immunities, providing for damages in actions for fertility fraud; and, in sentencing, further providing for applicability, for sexual offenses and tier system and for period of registration.

Impact

This legislation significantly alters the landscape of state laws surrounding reproduction and healthcare by explicitly criminalizing fertility fraud. It enhances patients’ rights by allowing victims, their spouses, or children to pursue civil actions against offenders, which includes recovering actual damages and punitive damages. The introduction of these legal provisions aims to safeguard personal autonomy in reproductive choices, emphasizing the necessity of informed consent in medical procedures related to fertility. Moreover, by classifying fertility fraud as a sexual offense that requires registration with the Pennsylvania State Police, the bill ensures ongoing oversight of those convicted under its provisions.

Summary

House Bill 376 aims to address the issue of fertility fraud by establishing clear legal definitions and penalties for healthcare practitioners who utilize their own reproductive materials or those of another person without informed consent from the patient during fertility treatments. The bill categorizes fertility fraud as a felony of the third degree and imposes strict consequences, including the permanent revocation of the practitioner’s medical license upon conviction. The legislation is intended to provide a legal framework for protecting patients from potential abuses in reproductive healthcare, ensuring that informed consent is paramount in fertility treatments.

Sentiment

The sentiment around HB 376 reflects a broad support base focused on patient rights and medical ethical practices. Proponents view the bill as a critical step towards addressing significant gaps in protections for individuals undergoing fertility treatments, showcasing a commitment to transparency and consent in healthcare. Detractors, however, may express concerns about the implications for medical practitioners and the challenges of proving informed consent violations. The ongoing discussions likely include considerations of how such protections interact with broader healthcare policies and the potential impacts on fertility specialists in Pennsylvania.

Contention

One notable point of contention is the definition of informed consent and how it will be assessed legally, as debates may arise on what constitutes adequate disclosure by healthcare practitioners regarding the use of reproductive materials. Additionally, there may be discussions about the potential chilling effect this law could have on fertility clinics and practitioners, possibly leading to increased litigation. Further, concerns regarding the statute of limitations for civil actions under the bill could also ignite debates on balancing patient rights with reasonable protections for medical professionals.

Companion Bills

No companion bills found.

Previously Filed As

PA SB1111

In sentencing, further providing for definitions and for sexual offenses and tier system.

PA SB255

In sentencing, further providing for sexual offenses and tier system.

PA SB1317

In sentencing, further providing for sexual offenses and tier system.

PA HB1909

In sexual offenses, further providing for the offense of rape and for the offense of involuntary deviate sexual intercourse; and, in sentencing, providing for sentencing procedure for rape of a child and involuntary deviate sexual intercourse with a child and further providing for sentences for offenses against infant persons.

PA SB983

In general provisions, further providing for classes of offenses; in authorized disposition of offenders, providing for sentence for trafficking in minors to sexual servitude; in human trafficking, further providing for trafficking in individuals; and, in sentencing authority, providing for sentencing procedure for trafficking in minors to sexual servitude.

PA SB1083

In minors, further providing for the offense of sexual abuse of children and for the offense of transmission of sexually explicit images by minor.

PA HB1187

In authorized disposition of offenders, further providing for Accelerated Rehabilitative Disposition prohibited; in criminal homicide, further providing for the offense of murder; in assault, further providing for the offense of stalking and for the offense of unauthorized administration of intoxicant; in sexual offenses, further providing for definitions and for the offense of rape, repealing provisions relating to the offense of involuntary deviate sexual intercourse and further providing for the offense of sexual assault, for the offense of institutional sexual assault, for the offense of sexual assault by sports official, volunteer or employee of nonprofit association, for the offense of aggravated indecent assault and for general rule relating to loss of property rights; in wiretapping and electronic surveillance, further providing for definitions and for order authorizing interception of wire, electronic or oral communications; in public indecency, further providing for the offense of prostitution and related offenses; in firearms and other dangerous articles, further providing for persons not to possess, use, manufacture, control, sell or transfer firearms; in minors, further providing for transmission of sexually explicit images by minor; in criminal history record information, further providing for expungement and for juvenile records; in child custody, further providing for consideration of criminal conviction; in protection from abuse, further providing for definitions; in child protective services, further providing for definitions, for exclusions from child abuse and for employees having contact with children and adoptive and foster parents; in domestic and sexual violence victim address confidentiality, further providing for penalties; in limitation of time, further providing for infancy, insanity or imprisonment, for no limitation applicable and for other offenses; in depositions and witnesses, further providing for spouses as witnesses against each other and for hearsay; in juvenile matters, further providing for definitions, for inspection of court files and records, for law enforcement records, for conduct of hearings, for transfer to criminal proceedings and for assessment of delinquent children by the State Sexual Offenders Assessment Board; in court-ordered involuntary treatment of certain sexually violent persons, further providing for definitions and for court-ordered involuntary treatment; in sentencing, further providing for sentences for second or subsequent offenses, for sentences for offenses against elderly persons, for sentences for offenses against infant persons, for sentences for offenses committed while impersonating a law enforcement officer, for sentencing for trafficking of persons, for definitions, for sexual offenses and tier system, for termination of period of registration for juvenile offenders, for assessments, for registration and for assessments; in judicial change of name, further providing for change by order of court; in Pennsylvania Board of Probation and Parole, further providing for parole procedure; and, in interstate compacts, further providing for supervision of persons paroled by other states.

PA SB1213

In sexual offenses, further providing for the offense of unlawful dissemination of intimate image; in minors, further providing for the offense of sexual abuse of children and for the offense of transmission of sexually explicit images by minor; and making editorial changes to replace references to the term "child pornography" with references to the term "child sexual abuse material."

PA SB651

In assault, further providing for the offense of ethnic intimidation; and, in particular rights and immunities, further prohibiting civil rights violations.

PA HB1027

In assault, further providing for the offense of ethnic intimidation; and, in particular rights and immunities, further prohibiting civil rights violations.

Similar Bills

No similar bills found.