Bill Caption

Relating to a Texas Medical Board complaint for a violation described by Section22.011(b)(12), Penal Code.

Fiscal Notes

No fiscal implication to the State is anticipated. 

Bill Analysis

SB 1895 would revise the statute of limitations for "fertility fraud" complaints to the Texas Medical Board involving an alleged violation by a health care services provider who, in the course of performing an assisted reproduction procedure on the other person, uses human reproductive material from a donor knowing that the patient has not expressly consented to the use of material from that donor. The current statute of limitations is seven years after the alleged fertility fraud took place. 

Under the provisions of SB 1895, the Texas Medical Board may consider or act on a fertility fraud complaint in which the alleged act took place within seven years of the date the complaint is received by the board or two years from the date the complainant knew or should have known of the fact giving rise to the complaint, whichever is later.  

Vote Recommendation Notes

Considering that most cases of fertility fraud are not discovered until long after expiration of the seven year statute of limitations, SB 1895 would reasonably expand the statute of limitations in order to allow the Texas Medical Board to consider complaints timely made after the person knew or should have known that fertility fraud took place. Texas Action supports SB 1895 because it promotes personal responsibility and individual liberty.