On February 27, 2024, the Washington State Senate passed House Bill 1300, which would expand and codify protections for individuals and families from fraudulent, deceptive, and malicious practices in assisted reproduction procedures. Following House concurrence, the bill will head to the Governor’s desk for signature, and is expected to be signed into law.
The bill garnered bipartisan support for its protections of patients against doctors or other medical licensees who implant their own genetic material in a patient without the patient’s knowledge and consent. The bill also includes specifications beyond the penalties in the Uniform Disciplinary Act, noting that it is assault in the third degree for a licensed healthcare provider to use their own genetic material in an assisted reproduction procedure.
GLP Attorneys client Sharon Hayes was the victim of Dr. David R. Claypool, who inseminated her with his own sperm, while telling her the sample came from a screened donor that fit her preferred profile and characteristics (the lawsuit is pending in Spokane Superior Court). Too many others have come forward with their own stories, revealing that this problem is more insidious than a single isolated incident or mistake. This new legislation may help pave the way to justice for Sharon and the many others who have been victimized by a doctor who violated their trust.
“Patients rely on their doctors for their health, and the bond between a woman and her OB-GYN in the case of infertility is very delicate,” said RJ Ermola, attorney for Sharon Hayes. “Any doctor that blatantly and terribly neglects to give their fertility patients the care needed or betrays their trust for incomprehensible reasons will now be held accountable in the State of Washington when the Governor signs the bill. I am proud of our legislators for prioritizing WA HB 1300 this session.”
“This bill is about safety and justice,” said Rep. Tina Orwall, who introduced the bill. “It cracks down on fertility fraud while safeguarding families from this devastating crime.”