H.R. 3710 — Introduced in House

I 118th CONGRESS 1st Session H. R. 3710 IN THE HOUSE OF REPRESENTATIVES May 25, 2023 Mrs. McClain (for herself, Ms. Perez, and Mrs. Dingell) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, to prohibit health professionals from providing false or misleading information with respect to assisted reproduction, and for other purposes. 1. Short title This Act may be cited as the Fighting Fertility Fraud Act of 2023. 2. Fighting fertility fraud (a) In general Chapter 47 of title 18, United States Code, is amended by adding at the end the following: 1041. Fraud in connection with the use of human reproductive material (a) Offense by a person, health professional, or health facility A person, health professional, or health facility, in any of the circumstances described in subsection (d), that knowingly provided materially false or misleading information relating to assisted reproduction, including— (1) the human reproductive material provided or used for assisted reproduction; (2) the identifying information of the gamete provider including their name, birth date, or address at the time of gamete provision; or (3) a gamete provider’s medical history including any known physical and mental health illness, the social, genetic, family medical history of the gamete provider, or the gamete provider’s educational level, ethnicity, religious background, shall be imprisoned not more than 10 years, fined in accordance this title, or both. (b) Offense by health professional or health facility (1) In general A health care professional or health facility, in any of the circumstances described in subsection (d), that knowingly uses or provides— (A) human reproductive material for assisted reproduction other than the selected human reproductive material for which patient gave consent in writing to use; or (B) a patient with human reproductive material in assisted reproduction without the gamete provider’s consent or in a manner or to an extent other than that to which the gamete provider consented to, shall be imprisoned not more than 10 years, fined in accordance with this title, or both. (2) Not a defense A health care professional or health facility found to have violated paragraph (1) may not use as a defense that a patient consented in writing to the use of human reproductive material from an anonymous gamete provider. (c) Circumstances described For the purposes of subsections (a) and (b), the circumstances described in this subsection are that— (1) the conduct described in such subsections occurs during the course of, or as the result of, the travel of the defendant or covered individual— (A) across a State line or national border; or (B) using a channel, facility, or instrumentality of interstate or foreign commerce; (2) the defendant uses a channel, facility, or instrumentality of interstate or foreign commerce in connection with the conduct described in such subsections; (3) the conduct described in such subsections— (A) interferes with commercial or other economic activity in which the defendant or covered individual is engaged at the time of the conduct; or (B) otherwise affects interstate or foreign commerce; (4) the conduct described in such subsections occurred within the special maritime and territorial jurisdiction of the United States or within any territory or possession of the United States; or (5) any payment of any kind was made, directly or indirectly, in furtherance of or in connection with the conduct described in subsection (a) using any means, channel, facility, or instrumentality of interstate or foreign commerce or in or affecting interstate or foreign commerce. (d) Cause of action (1) In general A cause of action may be brought for a violation of subsection (a) or (b) against a health professional, health facility, or gamete provider by a donor conceived individual born as a result of such violation. (2) Certain other individuals A cause of action may be brought for a violation of subsection (a) or (b) against a health professional, health facility, or gamete provider by a patient or patient’s spouse for each donor conceived individual born as a result of such violation. (3) Gamete provider A cause of action may be brought for a violation of subsection (a) or (b) against a health professional or health facility by a gamete provider. (e) Relief (1) In general In an action under subsection (e), the court may award appropriate relief, including temporary, preliminary, or permanent injunctive relief and compensatory and punitive damages, as well as the costs of suit and reasonable fees for attorneys and expert witnesses. With respect to compensatory damages, the plaintiff may elect, at any time prior to the rendering of final judgment, to recover, in lieu of actual damages, an award of statutory damages in the amount of $20,000 per violation. (2) Compensatory damages Compensatory damages awarded pursuant to paragraph (1) shall include the amount of all medical expenses incurred by the patient and any donor conceived child as a result of a violation of subsection (a) or (b), including the cost of any procedure, treatment, and any other medical expense for the patient and any donor conceived child. (f) Statute of limitations An action brought under subsection (e) may not be brought more than five years after the date on which the violation of subsection (a) or (b) was discovered by a covered individual. (g) Definitions In this section: (1) Assisted reproduction The term assisted reproduction means a method of causing pregnancy involving medical or scientific intervention, other than sexual intercourse. (2) Assisted reproductive technology The term assisted reproductive technology means any fertility treatment in which either eggs or embryos are handled. (3) Consent The term consent means consent in writing that is freely given, knowledgeable, and informed. (4) Covered individual The term covered individual means the patient, patient’s spouse, gamete provider, or a donor conceived individual born as a result of a violation of subsection (a) or (b). (5) Donor conceived individual The term donor conceived individual means an individual conceived from one or more gametes from a gamete provider. (6) Family medical history The term family medical history means any known medical history information about an individual’s first and second degree relatives. (7) Fertility fraud The term fertility fraud means any misrepresentation or false information provided in assisted reproduction. (8) Gamete The term gamete means an unfertilized egg or sperm. (9) Gamete provider The term gamete provider means an individual who provides gametes intended for use in assisted reproduction, whether or not for consideration. (10) Health facility The term health facility means a hospital, clinic, bank, laboratory, facility, or other health care institution involved in any aspect of assisted reproduction. (11) Health professional The term health professional means an individual licensed, registered, certified, or otherwise authorized to engage in a health profession. (12) Human reproductive material The term human reproductive material means a human sperm, egg, or a human organism at any stage of development from fertilized ovum to embryo. (13) Medical history The term medical history means information about any known physical, social, and mental health of an individual known to be, or that could be, inheritable according to medical standards. (14) Patient The term patient means an individual under the care of a health professional. (15) Patient’s spouse The term patient’s spouse means the spouse or partner of the patient at the time at which the assisted reproduction occurred. . (b) Clerical amendment The table of sections at the beginning of chapter 47 of title 18, United States Code, is amended by adding at the end the following new item: 1041. Fraud in connection with the use of human reproductive material. .