Signed by Governor Eric Holcomb

Vote Smart's Synopsis:

A vote to pass a bill that amends regulations regarding fertility clinics.

Highlights:

• Defines “lethal fetal anomaly” as a fetal condition diagnosed before birth that, if the pregnancy results in a live birth, will with reasonable certainty result in the death of the child not more than three months after the child's birth (Sec. 4).

• Defines “physician” as an individual who (Sec. 4):

• Is licensed to practice medicine in the United States;

• Is board certified in obstetrics and gynecology; and

• Oversees medical services related to ovum cryopreservation.

• Defines “qualified egg bank” as an entity whose primary business purpose is the facilitation of in vitro fertilization using cryopreserved ova, and is registered under 21 CFR 1271 with the United States Food and Drug Administration, or a fertility clinic or similar medical facility that (Sec. 4):

• Is located in the United States;

• Is accredited by an entity approved by the authorizing state agency or licensing board in the state in which the fertility clinic or facility is located;

• Is registered under 21 CFR 1271 with the United States Food and Drug Administration; and

• Is owned by, employs, contracts with, or is affiliated with at least one physician who performs medical services related to ovum cryopreservation at the fertility clinic or facility. 

• Classifies the act of knowingly or intentionally buying or selling a human ovum, zygote, embryo, or fetus as a Level 5 felony, but does not apply to (Sec. 4):

• The payment to or receipt by a woman donor of an ovum of an amount for earnings lost due to absence from employment, travel expenses, hospital expenses, medical expenses, and recovery time in an amount equal to or less than $4,000, regarding a treatment or procedure, including ovum cryopreservation, to enhance human reproductive capability through in vitro fertilization, gamete intrafallopian transfer, or zygote intrafallopian transfer;

• The payment to or receipt by a qualified egg bank of an amount for:

• The retrieval of a human ovum;

• The cryopreservation of a human ovum;

• The transportation of a human ovum; or

• Any other aspect of performing or facilitating services connected to a treatment or procedure to enhance human reproductive capability through in vitro fertilization;

• Adult stem cell research and fetal stem cell research, as long as the biological parent has given written consent for the use of the fetal stem cells; and

• The transfer or receipt of a fetus if the fetus was diagnosed with a lethal fetal anomaly and written medical documentation verifies the diagnosis, and a biological parent has sent a written request for the transfer of the fetus for an autopsy.

• Classifies the act of recklessly, knowingly, or intentionally using a human embryo created with an ovum given to a qualified egg bank for embryonic stem cell research, as a Level 5 felony (Sec. 4).

Full Bill Text