Michigan House Moves to Address Fertility Fraud with New Legislation
In a recent legislative session, the Michigan House of Representatives took decisive action by approving a bill aimed at penalizing fertility health practitioners and donors who provide false information regarding the origins of samples used in reproductive procedures. This legislative package seeks to curb deceptive practices by making it illegal to falsify a donor’s social, educational, and family medical history. Furthermore, it bars medical professionals from using their own samples in treatments, a scenario that reportedly occurred with a now-deceased doctor from metro Detroit.
The bill package, aimed at bolstering patient protection, was spearheaded by State Representative John Roth (R-Interlochen). “Donors need to come in and be honest about who they are. They don’t have to give their name, they can do it anonymously. But not giving some of their personal background is unacceptable. And, when they lie about it, it’s really bad,” Roth emphasized in a statement following the House vote.
However, the proposed legislation has faced opposition, with critics arguing that it might inadvertently penalize individuals for unintentional errors. Despite bipartisan support from co-sponsors, the bills encountered resistance from the Democratic minority, who mostly voted against them.
State Representative Laurie Pohutksy (D-Livonia) expressed her support for addressing “fertility fraud” but raised concerns that the current legislative package extends beyond its intended scope. “But this package goes really far beyond that and creates liability where the person who is potentially being held liable doesn’t really have a reasonable expectation of knowing everything that these bills would require them to know,” Pohutksy explained. The legislation stipulates that an individual must “knowingly, intentionally, or willfully” mislead others in reproductive assistance to face charges.
Pohutksy also highlighted potential issues with the bill’s wording, suggesting it could penalize individuals unaware of their entire family medical history, given that the legislation defines family medical history as encompassing first- to third-degree relatives. “I couldn’t find my third cousin if I had to, much less tell you about their extended medical history,” she remarked.
During the legislative session, Democratic members proposed amendments they believed would mitigate their concerns; however, these suggestions did not pass in the predominantly Republican chamber. Roth argued that these amendments would have weakened the bills by lowering the standards for donors. “We have to have everyone doing the right thing. Donors can’t just come in and just absolutely lie about who they are. And, unfortunately, a lot of those amendments would have done that,” he stated.
This legislative attempt marks Roth’s third effort to advance similar bills. In a previous session during 2021-2022, some of the bills managed to secure unanimous approval in the House. The current legislative package now proceeds to the Democrat-controlled Michigan Senate for further consideration.
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