SENATE BILL No. 201
DIGEST OF INTRODUCED BILL
Citations Affected: IC 35-46-5-3.
Synopsis: Transfer of human organisms exemption. Exempts from the
crime of unlawful transfer of a human organism certain types of
payments to a fertility clinic that meets specified requirements.
Provides that not more than $4,000 may be paid to a woman donor or
exempted fertility clinic for recovery time. (Current law provides that
not more than $3,000 may be paid to a woman donor for recovery
Effective: July 1, 2012.
January 4, 2012, read first time and referred to Committee on Health and Provider
Second Regular Session 117th General Assembly (2012)
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SENATE BILL No. 201
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 35-46-5-3; (12)IN0201.1.1. -->
SECTION 1. IC 35-46-5-3, AS ADDED BY P.L.126-2005,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 3. (a) As used in this section, "qualified third
party" means a fertility clinic or similar medical facility that:
(1) is accredited by an entity approved by the medical
(2) is registered under 21 CFR 1271 with the United States
Food and Drug Administration; and
(3) employs a physician licensed under IC 25-22.5 who:
(A) is board certified in obstetrics and gynecology; and
(B) performs oocyte cryopreservation at the facility.
A person who knowingly or intentionally purchases or sells
a human ovum, zygote, embryo, or fetus commits unlawful transfer of
a human organism, a Class C felony.
This section does not apply to the following:
(1) The transfer to or receipt by either
a woman donor of an ovum
or a qualified third party
of an amount for:
(A) earnings lost due to absence from employment;
(B) travel expenses;
(C) hospital expenses;
(D) medical expenses; and
(E) recovery time in an amount not to exceed
concerning a treatment or procedure to enhance human
reproductive capability through in vitro fertilization, gamete
intrafallopian transfer, or zygote intrafallopian transfer.
(2) The following types of stem cell research:
(A) Adult stem cell.
(B) Fetal stem cell, as long as the biological parent has given
written consent for the use of the fetal stem cells.