SB 2461

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 inclu de, after making public any proposed definition in such manner 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 the 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 requireme 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 established 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 form, 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. Rule making 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 board 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 osteopathic 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 (""department"") . 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 laboratory, 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 ) c reate a certification for fertility clinics in this state to utilize assisted reproductive technology, ( ii ) c reate requirements for the utilization of assisted reproductive technology for fertility clinics, an d ( iii ) c onduct 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 bearing on whether the fertility clinic is operating in accordance with this bill. This bill authorizes the department to ( i ) d eny a fertility clinic's application for a certification to utilize assisted reproductive technology, ( ii ) s uspend, limit, or restrict a previously certified fertility clinic for a time and in a manner as determined by the department, ( iii ) p ermanently revoke a fertility clinic's certification, or ( iv ) r efuse 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 s ubmit 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 rates achieved by the fertility cli nic 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 to 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 technolo gy. Rulemaking This bill authorizes the department to adopt rules to effectuate th e 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."