Health occupations: health professionals; disciplinary action for making a false representation in assisted reproduction; provide for. Amends secs. 16221 & 16226 of 1978 PA 368 (MCL 333.16221 & 333.16226). TIE BAR WITH: HB 5036'25, HB 5035'25

2025-2026 Regular Session Introduced by Brian BeGole and 9 co-sponsors

HB 5039 makes civil judgments or criminal convictions for assisted-reproduction fraud automatic grounds for professional disciplinary action against licensed health professionals.

bill electronically reproduced 09/24/2025

#healthoccupations:healthprofessionals #stateagencies(existing):licensingandregulatoryaffairs

Purpose / Intent

HB 5039 amends the Public Health Code (MCL 333.16221 and 333.16226) to make certain civil judgments and criminal convictions related to assisted‑reproduction misconduct automatic grounds for professional disciplinary action against licensed health professionals. The bill is tied to companion legislation (HB 5035 — civil liability; HB 5036 — criminal offenses) that address “fertility fraud” (false representations about embryos/gametes/donors and unauthorized use of embryos or gametes).

Key provisions

Adds to the list of grounds that trigger disciplinary subcommittee action under section 16221:

A final order or judgment entered under the civil cause created by HB 5035 (i.e., an injured individual’s judgment for false representation in assisted reproduction).
A conviction for either of the criminal offenses proposed in HB 5036: (1) knowingly providing false or misleading information relating to an assisted‑reproduction procedure; or (2) a health professional knowingly or recklessly using a human embryo or gamete other than the one the patient expressly consented to.

Cross‑references disciplinary sanctions in section 16226 to make clear that violations tied to the above civil judgments or criminal convictions may result in disciplinary measures, including:

Probation
Limitation, denial, suspension, revocation, or permanent revocation of a license or registration
Restitution
Monetary fines

Maintains the Department of Licensing and Regulatory Affairs’ (LARA) investigative authority under section 16221 (hearings, oaths, testimony, administrative complaints to disciplinary subcommittees).

Who is affected

Health professionals licensed, registered, or certified under Article 15 of the Public Health Code (broadly includes physicians, nurses, clinic staff, embryologists, fertility specialists and many allied health occupations).

LARA and boards/disciplinary subcommittees responsible for investigation and sanctions.

Patients, donors, and others injured by assisted‑reproduction misconduct (indirectly, via enforcement and remedies in companion bills).

Procedural / timeline notes

Introduced March 13, 2025; read first time and referred to Committee on Families and Veterans on September 24, 2025 (electronically reproduced 09/24/2025).

The bill does not take effect unless companion bills HB 5035 and HB 5036 are also enacted (tie‑bar). (Companion bills would create civil remedies and criminal penalties for fertility fraud — e.g., misdemeanors/felonies with penalties described in those bills.)

Impact

If enacted (with the tied bills), HB 5039 would make civil liability or criminal conviction for assisted‑reproduction fraud a clear and listed basis for professional discipline, enabling LARA and licensing boards to impose license restrictions, revocation, fines, restitution, and other sanctions on providers found responsible for such misconduct.

Bill