HB 2290

This bill generally prohibits practices in assisted reproductive technology as described below. As used in this bill, "assisted reproductive technology"" means all treatments or procedures that include the handling of human oocytes or embryos, including in vitro fertilization, gamete intrafallopian transfer, zygote intrafallopian transfer, and such other specific technologies as the United States secretary of health and human services may include, after making public any proposed definition in such manne r as to facilitate comment from any person, including any federal or other public agency. PHYSICIANS GENERALLY This bill prohibits a person from practicing in assisted reproductive technology unless the person has obtained an assisted reproductive technology certificate from the board of medical examiners. The board of medical examiners, in collaboration with th e board of osteopathic examination, must establish requirements for a person licensed to practice medicine to obtain a certificate to practice in assisted reproductive technology. The board must issue a certificate to such a person who meets such require me nts. This bill authorizes a person to practice in assisted reproductive technology if (i) the board of medical examiners has approved the person's application to practice medicine or surgery and (ii) the board determines the person has met the requirements es tablished in this bill to receive a certificate to practice in assisted reproductive technology. However, a certified assisted reproductive technologist may delegate tasks in the practice of assisted reproductive technology to a person who is licensed as a nurse or physician assistant or a person holding a training license or exemption pursuant to the rules promulgated by the board of medical examiners as long as the task is within the person's training and scope of practice. Compliance This bill requires a certified assisted reproductive technologist to be in compliance with this bill within 60 days after the rules become effective to utilize assisted reproductive technology. Prohibitions on genetic testing This bill prohibits a certified assisted reproductive technologist from genetically testing an embryo unless the genetic test is for chromosomal abnormality or fatal fetal anomaly. Affidavit required – Consent forms This bill requires a certified assisted reproductive technologist to affirm by affidavit to the board that such technologist uses the standard Society for Assisted Reproductive Technology (SART) template consent form. In addition to the SART consent for m, the certified assisted reproductive technologist must include in the consent form to a prospective patient both of the following:  A statement that the certified assisted reproductive technologist is prohibited from genetically testing an embryo unless the genetic test is for chromosomal abnormality or fatal fetal anomaly.  Confirmation from the prospective patient that such patient has a clear understanding of and provides informed consent regarding the custodial care of an unused or abandoned embryo. Rulemaking This bill authorizes the board of medical examiners to promulgate rules to effectuate the above provisions. OSTEOPATHIC PHYSICIANS This bill requires the board of osteopathic examination, in collaboration with the board of medical examiners, to establish requirements for licensed osteopathic physicians to obtain a certificate to practice in assisted reproductive technology. The boa rd must issue a certificate to such a physician who meets such requirements. This bill places the same requirements, duties, and prohibitions on osteopathic physicians as are placed on physicians generally by the above provisions. The board of osteopath ic examination is authorizes to promulgate rules to effectuate these provisions. FERTILITY CLINICS Certification required – Compliance This bill requires each fertility clinic operating in this state to obtain a certificate to utilize assisted reproductive technology. A fertility clinic must renew the clinic's certification at intervals determined by the department of health (""departme nt""). A fertility clinic must be in compliance with this bill within 60 days after the rules become effective to utilize assisted reproductive technology. As used in this bill, a ""fertility clinic"" means a location that is considered an embryo laborator y, a location where a person is practicing assisted reproductive technology, or a location where a person is engaging in the storage of embryos. Certification for fertility clinics – Inspections This bill requires the department to (i) create a certification for fertility clinics in this state to utilize assisted reproductive technology, (ii) create requirements for the utilization of assisted reproductive technology for fertility clinics, and ( iii) conduct an annual inspection of each fertility clinic. For purposes of an inspection, each fertility clinic must provide the department access to any facilities, equipment, materials, records, and information that the department determines has a bea ri ng on whether the fertility clinic is operating in accordance with this bill. This bill authorizes the department to (i) deny a fertility clinic's application for a certification to utilize assisted reproductive technology, (ii) suspend, limit, or restrict a previously certified fertility clinic for a time and in a manner as deter mined by the department, (iii) permanently revoke a fertility clinic's certification, or (iv) refuse to renew a fertility clinic's certification. Bond requirement This bill requires a fertility clinic to post a bond in an amount as determined by the commissioner of health for the storage of embryos. Each certification renewal application must be accompanied by proof of such bond. Reporting requirement On or before January 31 of each year, this bill requires the medical director of each fertility clinic located in this state to submit a report to the federal centers for disease control and prevention (CDC) detailing the pregnancy success rates achieved by the fertility clinic through the utilization of assisted reproductive technology from the prior calendar year. By that date, the medical director of each fertility clinic located in this state must also report to the department the pregnancy success ra tes achieved by the fertility clinic through the utilization of assisted reproductive technology from the prior calendar year and an affirmation that the fertility clinic submitted the report to the CDC. If a medical director fails to submit the report t o the department, then the fertility clinic may be subject to disciplinary action by the department, which may include the suspension of the clinic's certification to utilize assisted reproductive technology. Rulemaking This bill authorizes the department to adopt rules to effectuate the above provisions, including creating and establishing application requirements, fees, and standards for such certification and grounds for denying, suspending, revoking, or refusing to renew a certification. ON APRIL 6, 2026, THE SENATE ADOPTED AMENDMENT #2 AND PASSED SENATE BILL 2461, AS AMENDED. AMENDMENT #2 rewrites the bill to, instead, require each fertility clinic operating in this state to obtain a certificate from the department of health (""department"") to perform assisted reproductive technology services. To obtain such a certificate, a fertility clinic must submit (i) verification of the fertility clinic's Society for Assisted Reproductive Technology (SART) membership; (ii) an emergency plan for the transfer of embryos should the clinic permanently close; and (iii) proof of passing the mo st recent laboratory inspection from either the College of American Pathologists or the Joint Commission on Accreditation of Healthcare Organizations. This amendment requires the clinical director of a fertility clinic to (i) be licensed to practice medicine or osteopathic medicine; (ii) be board certified in obstetrics and gynecology by a member board of the American Board of Medical Specialties; (iii ) have successfully completed a fellowship in reproductive endocrinology and infertility accredited by the Accreditation Council for Graduate Medical Education or possesses equivalent training and experience; (iv) demonstrate substantial clinical experien ce in assisted reproductive technology procedures; and (v) maintain continuing education relevant to reproductive endocrinology, infertility, and assisted reproductive technology. RULEMAKING This amendment authorizes the department to promulgate rules as necessary to effectuate this amendment. ON APRIL 16, 2026, THE HOUSE SUBSTITUTED SENATE BILL 2461 FOR HOUSE BILL 2290, ADOPTED AMENDMENTS #1 AND 2, AND PASSED SENATE BILL 2461, AS AMENDED. AMENDMENT #1 incorporates the provisions of Senate Amendment #2 with the following changes: (1) Authorizes a fertility clinic to meet the membership component of eligibility for a certificate by being a member in SART or an equivalent organization subject to the approval of the department; (2) Adds a requirement that fertility clinics follow current clinical practice guidelines and professional standards for genetic testing issued by nationally recognized professional societies or organizations in the field of reproductive medicine or obs tetrics and gynecology; and (3) Clarifies the department's rulemaking authority. AMENDMENT #2 clarifies that the department is required to issue a certificate to a fertility clinic that submits the information required by this bill to the department biennially. ON APRIL 23, 2026, THE SENATE CONCURRED IN HOUSE AMENDMENTS #1 AND #2."