If enacted, HB 3710 would significantly impact the legal landscape for health professionals and facilities involved in assisted reproduction. The bill introduces strict penalties for providing inaccurate information about gamete providers, including potentially serious consequences for failing to disclose relevant medical histories of donors. By creating a legal framework to hold individuals and institutions accountable, it aims to protect patients from deception that could affect their reproductive options and health decisions.
Summary
House Bill 3710, titled the 'Fighting Fertility Fraud Act of 2023', seeks to amend Title 18 of the United States Code to criminalize the provision of false or misleading information by health professionals in the context of assisted reproduction. The bill defines key terms related to assisted reproduction and establishes penalties for violations, which can include imprisonment for up to 10 years or fines. This legislation addresses concerns surrounding fertility fraud, particularly the ethical implications of misleading patients regarding reproductive materials and donor information.
Contention
While the bill generally garners support for protecting individuals seeking assisted reproductive technologies from fraud, there could be points of contention surrounding the definitions included in the legislation, particularly regarding consent and the breadth of information that must be disclosed. Some stakeholders may raise concerns about the implications for anonymity for gamete donors, which could affect the availability of reproductive materials. Additionally, there may be discussions about how this law could overlap with state regulations and what standard practices would need to be amended to comply with the new federal law.
Protecting Families from Fertility Fraud Act of 2023 This bill establishes a new federal criminal offense for knowingly misrepresenting the nature or source of DNA used in assisted reproductive technology or assisted insemination. The term assisted reproductive technology includes any treatment or procedure that involves the handling of human oocytes or embryos, such as in vitro fertilization, gamete intrafallopian transfer, and zygote intrafallopian transfer. The term assisted insemination includes any procedure that involves the handling of sperm including intrauterine insemination. A violation is subject to a fine, a prison term of up to 10 years, or both. Additionally, the bill makes the violation a predicate offense (i.e., an underlying offense) for prosecutions under the federal racketeering statute.