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Bill > HB209


MD HB209

MD HB209
Health Care Providers - Assisted Reproductive Treatment - Informed Consent and Fraud


summary

Introduced
01/14/2026
In Committee
01/14/2026
Crossed Over
Passed
Dead
04/13/2026

Introduced Session

2026 Regular Session

Bill Summary

Prohibiting a health care provider from using the health care provider's human reproductive material when providing assisted reproductive treatment without the consent of the recipient of the treatment; prohibiting a health care provider from using a donor's human reproductive material to provide assisted reproductive treatment without the donor's informed consent or in a manner that is inconsistent with the donor's consent; etc.

AI Summary

This bill establishes new requirements for healthcare providers offering assisted reproductive treatment, which is defined as any method of causing pregnancy other than sexual intercourse, including egg or sperm donation, embryo donation, and in vitro fertilization. It mandates that before providing such treatment, healthcare providers must obtain separate written consent from both donors for the use of their reproductive material and from recipients for the specific donor's material, ensuring this consent is "informed," meaning it's signed by the patient and attested to by the provider and a witness. The bill also requires providers to inform recipients of any misuse, misrepresentation, or errors involving the reproductive material and to report such incidents to their licensing board. Furthermore, it prohibits healthcare providers from intentionally using their own sperm or eggs without the patient's informed consent, or using a donor's material if they know or should know it was used without consent or contrary to the donor's wishes. Providers are also forbidden from misrepresenting the quality of reproductive material or any information about the donor's identity, genetics, or medical history. Violations of these provisions can lead to civil liability for damages, including costs of treatment, liquidated damages up to $50,000, compensatory damages, and attorney fees, with specific timeframes for filing lawsuits. A particularly serious violation, using a provider's own sperm or eggs without consent, is classified as a felony.

Committee Categories

Health and Social Services

Sponsors (1)

Last Action

Withdrawn by Sponsor (on 02/09/2026)

Bill Topics

Health
  • ‐ Regulation of Doctors and Health Facilities
Law, Crime, and Family Issues
  • ‐ Civil Law and Procedure
  • ‐ Criminal and Juvenile Delinquent Prosecution, Procedure, and Sentencing

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