(1) A health care provider commits misuse of gametes if the health care provider knowingly treats or assists in the treatment of a patient through assisted reproduction by using gametes from a donor that the patient did not expressly consent to the use of that donor's gametes. (2) Misuse of gametes is a class 6 felony. (3) As used in this section, unless the context otherwise requires: (a) "Assisted reproduction" means a method of causing pregnancy through means other than by sexual intercourse. "Assisted reproduction" includes, but is not limited to: (I) Intrauterine or intracervical insemination; (II) Donation of eggs or sperm; (III) Donation of embryos; (IV) In vitro fertilization and embryo transfer; and (V) Intracytoplasmic sperm injection. (b) "Donor" means an individual who expressly provides consent to provide donated eggs, sperm, or embryos for a patient for assisted reproduction. (c) "Gametes" means one or more cells containing a haploid complement of DNA that has the potential to form an embryo when combined with another gamete. Sperm and eggs are gametes. A gamete may consist of nuclear DNA from one human being combined with the cytoplasm, including cytoplasmic DNA, of another human being. (d) "Health care provider" means any individual who is authorized to practice some component of the healing arts by license, certificate, or registration pursuant to title 12.
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