Section 5 of this bill provides that a provider of health care who, in rendering services for assisted reproduction, knowingly implants his or her own human reproductive material in a patient without the express consent of the patient is guilty of fertility fraud. Section 5 also provides that a provider of health care who, in rendering services for assisted reproduction, knowingly uses or provides a patient with human reproductive material other than the human reproductive material the patient expressly consented to the use or receipt of is guilty of fertility fraud. Section 5 makes the crime of fertility fraud a category B felony, punishable by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years. Section 6 of this bill: (1) prohibits a person from conveying to a patient false information or information the person reasonably should have known was false relating to assisted reproduction; and (2) provides that a person who violates such a prohibition is guilty of a category C felony. Sections 5 and 6 also require the Attorney General to provide certain notice to each professional licensing board that has issued a license, certificate or registration to a person who violates section 5 or 6. Sections 3 and 4 of this bill define certain terms for the purposes of sections 5 and 6. Section 8 of this bill authorizes a person who has suffered an injury as a result of a violation of section 5 to bring a civil action to recover damages. Section 7 of this bill requires the person to commence such an action within 3 years after the later of the date on which the person discovers: (1) the facts constituting fertility fraud; or (2) any medical or genetic disorder which results from the human reproductive material implanted in, used on or provided to a patient in violation of section 5. Section 20 of this bill prohibits a health care facility from providing a patient with human reproductive material for assisted reproduction except in accordance with any written agreement entered into between: (1) the health care facility and the patient; and (2) the health care facility and the donor. Section 20 also: (1) authorizes the Attorney General to collect a civil penalty of not more than $10,000 for each violation of this prohibition; and (2) requires the Attorney General to notify certain entities responsible for licensing health care facilities if such a civil penalty is imposed. Section 19 of this bill authorizes the Division of Public and Behavioral Health of the Department of Health and Human Services to suspend or revoke any license issued by the Division to a health care facility for a violation of section 20. Existing law defines the term “sexual offense” for the purpose of requiring persons convicted of certain sexual offenses to be prohibited from certain employment, to register as a sex offender, to comply with certain mandatory conditions of probation or parole and to fulfill certain other requirements. (NRS 118A.335, 176.0913, 176A.410, 179D.095, 179D.097, 179D.441, 213.1099, 213.1245) Section 15 of this bill revises the list of sexual offenses to which these statutory provisions apply to include certain violations of section 5. Section 16 of this bill makes a conforming change related to the numbering changes made in section 15. Existing law prohibits a court from ordering the victim of or a witness to certain sexual offenses to take or submit to a psychological or psychiatric examination. (NRS 50.700) Section 9 of this bill adds certain violations of section 5 to the list of sexual offenses to which that prohibition applies. Existing law: (1) requires a court to include a special sentence of lifetime supervision for any person convicted of certain sexual offenses; and (2) provides certain conditions of lifetime supervision. (NRS 176.0931, 213.1243) Sections 10 and 17 of this bill add certain violations of section 5 to the list of sexual offenses that require a special sentence of lifetime supervision and for which conditions of lifetime supervision apply. Existing law: (1) requires that a person convicted of certain sexual offenses undergo a psychosexual evaluation as part of the presentence investigation report prepared by the Division of Parole and Probation of the Department of Public Safety; and (2) prohibits a court from granting probation to or suspending the sentence of a person convicted of certain sexual offenses, unless the person who conducts the evaluation certifies that the person convicted of the sexual offense does not represent a high risk to reoffend. (NRS 176.135, 176A.110) Sections 11 and 12 of this bill add certain violations of section 5 to the list of sexual offenses that require a psychosexual evaluation to be conducted and for which a court is prohibited from granting probation to or suspending the sentence of a person, unless the person who conducts the psychosexual evaluation certifies that the person does not represent a high risk to reoffend. Existing law similarly requires the Department of Corrections to assess each prisoner who has been convicted of a sexual offense before a scheduled parole hearing to determine the prisoner's risk to reoffend. (NRS 213.1214) Section 18 of this bill adds certain violations of section 5 to the list of offenses which require such an assessment. Existing law requires a court to provide certain documentation to each victim and witness and certain other persons if an offender is convicted of certain sexual offenses. (NRS 178.5698) Section 13 of this bill requires that such documentation be provided to such persons if an offender is convicted of certain violations of section 5. Section 14 of this bill makes the provisions of law which prohibit a person convicted of a sexual offense from petitioning a court to seal the records relating to such a conviction applicable to a person convicted of certain violations of section 5. (NRS 179.245)

Statutes affected:
As Introduced: 11.190, 50.700, 176.0931, 176.133, 176A.110, 178.5698, 179.245, 179D.097, 179D.495, 213.107, 213.1214, 449.160
Reprint 1: 11.190, 50.700, 176.0931, 176.133, 176A.110, 178.5698, 179.245, 179D.097, 179D.495, 213.107, 213.1214, 449.160
As Enrolled: 11.190, 50.700, 176.0931, 176.133, 176A.110, 178.5698, 179.245, 179D.097, 179D.495, 213.107, 213.1214, 449.160
BDR: 386.250, 386.327