As the debate over fertility treatment regulations intensifies in Michigan, a new set of legislative measures aims to curb fraud within the industry. The proposed bills, which were recently scrutinized in a state House committee session, seek to impose stricter penalties on those who deceive patients regarding donor information.
The legislative package proposes making it a felony to falsify details about a donor’s identity or misrepresent their educational and family medical history. Kara Rubinstein Deyerin from Right to Know highlighted a gap in federal regulations, noting, “There’s no requirement to genetically test gametes, no requirement to verify donor information, like medical history, education, or background, and there’s no way to ensure a limit on how many families are created from one donor.”
Under the proposed laws, anyone who deliberately provides false information could face a penalty of up to five years in prison and a $50,000 fine. Advocates for the legislation, such as Rubinstein Deyerin, argue that Michigan needs to catch up with over a dozen other states that have enacted similar fertility fraud laws, as reported by Right to Know.
However, the proposed measures face opposition. Stephanie Jones, founder of the Michigan Fertility Alliance, criticized the bills for being overly lengthy and stringent compared to those in other states, describing them as “dangerously vague.” Jones expressed concerns about the implications for medical practitioners, suggesting that, “Under this bill package, a physician would be criminally liable if a donor fails to accurately report the medical history of their first-, second-, or third-degree relatives. That’s almost an impossible standard.”
Despite these criticisms, bill sponsors insist that intent is a key factor in prosecuting under these laws. State Representative John Roth (R-Interlochen) assured that only those involved in “egregious and blatant activity” would be targeted, stating, “They’re going to go after the people that it’s egregious and it’s obviously a blatant activity.”
This marks the third consecutive session where such proposals have been introduced in Michigan, motivated by historical cases where doctors used their own samples without patient consent. If passed, the legislation would classify such acts as a felony, carrying penalties of up to 15 years in prison and a $100,000 fine.
Jones contends that these issues are outdated, labeling them as “a relic of the past” and noting that “modern medicine is not practiced the way it was 30, 40, 50 years ago in terms of how we are doing assisted reproduction.”
The bills remain pending in committee, but Representative Roth expressed hope for a vote in the coming week.
—
Read More Michigan News
