bill requiring yearly reports from IVF clinics

The text as introduced · 861 words

By: Sparks
S.B. No. 2447

A BILL TO BE ENTITLED

AN ACT

relating to reporting requirements for assisted reproductive

technology, including in vitro fertilization.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 174, Health and Safety Code, is added to read as

follows:

CHAPTER 174. REPORTING REQUIREMENTS FOR ASSISTED REPRODUCTIVE

TECHNOLOGY PROVIDERS

Sec. 174.001. DEFINITIONS. In this chapter:

(1) "Department" means the Texas Health and Human

Services Commission.

(2) "Assisted reproductive technology provider" means

any licensed, registered, or certified medical facility, clinic, or

healthcare provider that engages in treatments or procedures that

involve the handling of a human egg, sperm, or embryo outside of the

body with the intent of facilitating a pregnancy, including

artificial insemination, intrauterine insemination, in vitro

fertilization, gamete intrafallopian fertilization, zygote

intrafallopian fertilization, egg, embryo, and sperm

cryopreservation, and egg, sperm, or embryo donation, including in

vitro fertilization, frozen embryo transfer, or zygote

intrafallopian transfer.

(3) "Embryo" means a distinct and living organism of

the species homo sapiens from the moment of fertilization until

death or eight weeks gestation, including the single-cell stage of

development and such embryos that are in a state of

cryopreservation or are otherwise unused.

(4) "Cycle" means a single procedure of in vitro

fertilization, zygote intrafallopian transfer, gamete

intrafallopian transfer, or egg retrieval. A complete cycle may

only refer to egg retrieval if no eggs are fertilized and implanted

into the patient or it may mean the complete process from egg

retrieval to the transfer of human reproductive material.

Sec. 174.002. REPORTING REQUIREMENTS. (a) Each assisted

reproductive technology provider in the state shall submit an

annual report to the department detailing the following information

for the previous calendar year:

(1) Number of embryos created in total through

assisted reproductive technology cycles;

(2) What happens to each of the embryos created;

(3) How many embryos are negligently destroyed each

year due to the failure of a cryopreservation tank or technical and

human error;

(4) How many embryos perish due to natural causes

during fertilization, development, or implantation in assisted

reproductive technology procedures;

(5) How many embryos perish due to preimplantation

genetic testing in assisted reproductive technology;

(6) How many embryos are intentionally destroyed at

the discretion of the assisted reproductive technology provider or

the prospective parents and, for each instance, a specified reason

that the assisted reproductive technology provider or prospective

parent chose to discard the embryo for one of the four following

options:

(A) Genetic or physical health concerns;

(B) Undesired biological sex;

(C) Unwanted or unused embryo; or

(D) Other, with a specified reason;

(7) How many embryos prospective parents relinquished

to an embryo adoption clinic;

(8) How many embryos prospective parents donate

for research purposes;

(9) How many embryos are created in each cycle

of assisted reproductive technology;

(10) The loss of reproductive material of prospective

parents due to unknown or undisclosed reasons;

(11) Any instances of an assisted reproductive

technology provider knowingly transferring non-viable

reproductive material into a prospective patient, with or

without the patient's knowledge;

(12) The number of embryos that are frozen in

cryopreservation storage units that year;

(13) The total number of embryos that are frozen

in cryopreservation storage units, including embryos frozen

in previous years;

(14) How many embryos are transferred fresh versus

frozen;

(15) How many embryos are transferred in a single

transfer cycle;

(16) How many embryos successfully implant, when

conceived with assisted reproductive technology, but are

miscarried, perish naturally in the womb, or are stillborn;

(17) How many pregnancies result from assisted

reproductive technology procedures;

(18) How many live births result from assisted

reproductive technology procedures; and

(19) How many cases of multiple gestation including

twins, triplets, quadruplets, or more, occur from assisted

reproductive technology procedures.

(b) The report shall not contain any personally

identifiable patient information.

Sec. 174.003. COMPILATION AND PUBLICATION OF REPORTS. (a)

The department shall compile the data submitted under Section

174.002 and prepare an annual report summarizing the statewide

statistics on assisted reproductive technology procedures and

outcomes within 12 months of receiving the assisted reproductive

technology data from providers.

(b) The annual report compiled under subsection (a) should

include:

(1) The total number of providers registered to

practice assisted reproductive technology;

(2) The total number of assisted reproductive

technology and egg retrieval cycles each provider performs;

(3) A percentage breakdown of the types of assisted

reproductive technology procedures clinics, as a whole, perform;

(4) The success rate of each form of assisted

reproductive technology, broken down by age, whether donor ovum or

sperm was used, and the total number of cycles required for the

successful birth of a live child per couple; and

(5) The total outcomes of each of the individual

fertility clinic data collection points from Sec. 174.002.

(c) The report shall be made publicly available on the

department's website no later than December 31 of each year.

Sec. 174.004. ENFORCEMENT AND PENALTIES. (a) The

department shall adopt rules necessary to implement this chapter.

(b) Failure to comply with the reporting requirements of

this chapter may result in administrative penalties, including

fines or other disciplinary actions as prescribed by the

department.

SECTION 2. This Act takes effect September 1, 2025.