Stricken language would be deleted from and underlined language would be added to present law. Act 859 of the Regular Session *JMB059* 03-19-2025 15:36:33 JMB059 State of Arkansas As Engrossed: H3/19/25 1 95th General Assembly A Bill 2 Regular Session, 2025 HOUSE BILL 1142 3 4 By: Representative A. Brown 5 By: Senator J. Dotson 6 7 For An Act To Be Entitled 8 AN ACT TO CREATE THE REPRODUCTIVE EMPOWERMENT AND 9 SUPPORT THROUGH OPTIMAL RESTORATION (RESTORE) ACT; 10 AND FOR OTHER PURPOSES. 11 12 13 Subtitle 14 TO CREATE THE REPRODUCTIVE EMPOWERMENT 15 AND SUPPORT THROUGH OPTIMAL RESTORATION 16 (RESTORE) ACT. 17 18 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 19 20 SECTION 1. DO NOT CODIFY. Title. 21 This act shall be known and may be cited as the "Reproductive 22 Empowerment and Support Through Optimal Restoration (RESTORE) Act". 23 24 SECTION 2. Arkansas Code Title 20, Chapter 16, is amended to add an 25 additional subchapter to read as follows: 26 Subchapter 26 — Reproductive Empowerment and Support Through Optimal 27 Restoration Act 28 29 20-16-2601. Title. 30 This subchapter shall be known and may be cited as the "Reproductive 31 Empowerment and Support Through Optimal Restoration Act". 32 33 20-16-2602. Legislative findings. 34 The General Assembly finds that: 35 (1) There is a growing interest among women to proactively 36 As Engrossed: H3/19/25 HB1142 2 03-19-2025 15:36:33 JMB059 assess their overall health and understand how factors such as age and 1 medical history contribute to reproductive health and fertility; 2 (2)(A) Women are worthy of the highest standard of medical care, 3 including the opportunity to assess, understand, and improve their 4 reproductive health. 5 (B) Unfortunately, many women do not receive adequate 6 information about their reproductive health and do not have access to 7 restorative reproductive medicine; 8 (3) Reproductive health conditions are the leading causes of 9 infertility, which affects fifteen to sixteen percent (15 -16%) of couples in 10 the United States; 11 (4) Research shows four (4) or more conditions or factors are 12 the cause of most female infertility; 13 (5) There is a gap in research and care for female reproductive 14 health conditions, which affects many Americans struggling with unexplained 15 infertility; 16 (6) Restorative reproductive medicine aims to diagnose and treat 17 underlying hormonal and other imbalances, restore health when possible, and 18 improve women’s health functioning and long -term outcomes; 19 (7) Restorative reproductive medicine can eliminate barriers to 20 successful conception, pregnancy, and birth as well as address some causes of 21 recurrent miscarriages; and 22 (8) Restorative reproductive medicine often alleviates some 23 difficult symptoms associated with reproductive health conditions, including 24 hormonal acne, hormonal weight gain, hormonal mood changes and depression, 25 painful menstruation, painful flare -ups, bloating, inflammation, heavy 26 menstruation, irregular menstruation, nerve pain, bowel symptoms, pain during 27 sexual intercourse, and back pain. 28 29 20-16-2603. Definitions. 30 As used in this subchapter: 31 (1) "Assisted reproductive technology" means a treatment or 32 procedure involving the handling of a human egg, sperm, or embryo outside of 33 the body with the intent of facilitating a pregnancy, including: 34 (A) Artificial insemination; 35 (B) Intrauterine insemination; 36 As Engrossed: H3/19/25 HB1142 3 03-19-2025 15:36:33 JMB059 (C) In vitro fertilization; 1 (D) Gamete intrafallopian fertilization; 2 (E) Zygote intrafallopian fertilization; 3 (F) Egg, embryo, or sperm cryopreservation; and 4 (G) Egg, sperm, or embryo donation; 5 (2)(A) "Fertility awareness -based methods" means modern, 6 evidence-based methods of tracking the menstrual cycle through observable 7 biological signs in a woman, such as body temperature, cervical fluid, or 8 hormone production in the reproductive system, including luteinizing hormone 9 and estrogen. 10 (B) "Fertility awareness -based methods" includes without 11 limitation: 12 (i) Fertility education and medical management; 13 (ii) The symptothermal method; 14 (iii) The Creighton Model FertilityCare System; and 15 (iv) The Billings Ovulation Method; 16 (3) "Fertility education and medical management" means the 17 program developed in collaboration with the Reproductive Health Research 18 Institute for medical research, protocols, and medical training for 19 healthcare professionals in order to enable the clinical application of 20 research advances in reproductive endocrinology, by providing education for 21 women about their bodies and hormonal health and medical support, as 22 appropriate; 23 (4) "Infertility" means a symptom of an underlying disease or 24 condition within a person’s body that makes successfully conceiving and 25 carrying a child to term difficult or impossible, which is diagnosed after: 26 (A) Twelve (12) months of sexual intercourse without the 27 use of a chemical, barrier, or other contraceptive method for women under 28 thirty-five (35) years of age; or 29 (B) Six (6) months of targeted sexual intercourse without 30 the use of a chemical, barrier, or other contraceptive method for women who 31 are thirty-five (35) years of age and older, when conception should otherwise 32 be possible; 33 (5) "Natural procreative technology" means an approach to health 34 care that monitors and maintains a woman's reproductive and gynecological 35 health, including laparoscopic gynecologic surgery to reconstruct the uterus, 36 As Engrossed: H3/19/25 HB1142 4 03-19-2025 15:36:33 JMB059 fallopian tubes, ovaries, or other organ structures to eliminate 1 endometriosis and other reproductive health conditions; 2 (6) "Reproductive health condition" means a health condition 3 that makes successfully conceiving a child difficult to impossible when 4 conception should otherwise be possible, including without limitation: 5 (A) Endometriosis; 6 (B) Adenomyosis; 7 (C) Polycystic ovary syndrome; 8 (D) Uterine fibroids; 9 (E) Blocked fallopian tubes; 10 (F) Hormonal imbalances; 11 (G) Hyperprolactinemia; 12 (H) Thyroid conditions; and 13 (I) Ovulation dysfunctions; 14 (7) "Restorative reproductive health" means a scientific 15 approach to reproductive medicine that seeks to cooperate with or restore the 16 normal physiology and anatomy of the human reproductive system, including 17 without limitation: 18 (A) Body literacy programs that incorporate science -based 19 charting methods; 20 (B) Teacher-led reproductive health education; 21 (C) Restorative reproductive medicine; 22 (D) Natural procreative technology; 23 (E) Fertility awareness -based methods; and 24 (F) Fertility education and medical management; and 25 (8)(A) "Restorative reproductive medicine" means a scientific 26 approach to reproductive medicine that seeks to cooperate with or restore the 27 normal physiology and anatomy of the human reproductive system without the 28 use of methods that are inherently suppressive, circumventive, or destructive 29 to natural human functions. 30 (B) "Restorative reproductive medicine" includes: 31 (i) Ultrasounds; 32 (ii) Blood tests; 33 (iii) Hormone panels; 34 (iv) Laparoscopic and exploratory surgeries; 35 (v) Examinations of a patient's overall health and 36 As Engrossed: H3/19/25 HB1142 5 03-19-2025 15:36:33 JMB059 lifestyle; 1 (vi) Elimination of environmental endocrine disruptors; 2 (vii) Assessment of the health and fertility of a 3 patient's partner; 4 (viii) Natural procreative technology; 5 (ix) Fertility awareness -based methods; and 6 (x) Fertility education and medical management. 7 8 20-16-2604. Assisted reproductive technology — Discrimination against 9 nonparticipating healthcare providers prohibited. 10 Notwithstanding any other state law, a person or entity that receives 11 state financial assistance or local government assistance shall not penalize, 12 retaliate against, or otherwise discriminate against a healthcare provider on 13 the basis that the healthcare provider does not or declines to: 14 (1) Assist in, receive training in, provide, perform, refer for, 15 pay for, or otherwise participate in assisted reproductive technology; or 16 (2) Facilitate or make arrangements for any of the activities 17 under subdivision (1) of this section in a manner that violates the 18 healthcare provider's sincerely held religious beliefs or moral convictions. 19 20 20-16-2605. Fertility awareness-based methods — Incorporation into 21 Title X programs. 22 (a) All Title X-funded facilities in Arkansas shall include fertility 23 awareness-based methods as part of covered family planning and reproductive 24 health services. 25 (b)(1) The Department of Health shall work with Title X -funded 26 facilities to integrate fertility awareness-based methods into existing 27 programs within twelve (12) months of the effective date of this section. 28 (2) The department shall provide guidance and support to 29 facilities in implementing the fertility awareness-based methods, including: 30 (A) Training for healthcare providers on fertility 31 awareness-based methods; and 32 (B) Development of patient education materials on 33 fertility awareness-based methods. 34 (c) Title X-funded facilities shall allocate a portion of existing 35 Title X funds to cover implementing and providing fertility awareness-based 36 As Engrossed: H3/19/25 HB1142 6 03-19-2025 15:36:33 JMB059 methods. 1 2 20-16-2606. Advancing education on reproductive health conditions. 3 (a) As authorized by state or federal funding, the Department of Health 4 shall integrate information about fertility awareness-based methods into 5 existing public health programs, including: 6 (1) Family planning services; 7 (2) Maternal and child health programs; and 8 (3) Women's health initiatives. 9 (b) Existing health education materials and resources shall be updated 10 to include information on restorative reproductive medicine. 11 12 SECTION 3. Arkansas Code § 23 -85-137 is amended to read as follows: 13 23-85-137. In vitro fertilization coverage required — Definitions. 14 (a) As used in this section: 15 (1)(A) "Fertility awareness -based methods" means modern, 16 evidence-based methods of tracking the menstrual cycle of a woman through 17 observable biological signs, including without limitation: 18 (i) Body temperature; 19 (ii) Cervical fluid; or 20 (iii) Hormone production in the reproductive system, 21 including luteinizing hormone and estrogen. 22 (B) "Fertility awareness -based methods" includes without 23 limitation: 24 (i) Fertility education and medical management; 25 (ii) The symptothermal method; 26 (iii) The Creighton Model FertilityCare System; or 27 (iv) Billings Ovulation Method; 28 (2) "Fertility education and medical management" means a program 29 developed in collaboration with the Reproductive Health Research Institute 30 for medical research, protocols, and medical training for healthcare 31 professionals in order to enable the clinical application of research 32 advances in reproductive endocrinology by providing education for a woman 33 about her body and hormonal health and medical support, as appropriate; 34 (3) "Natural procreative technology" means an approach to 35 healthcare services that monitors and maintains a woman's reproductive and 36 As Engrossed: H3/19/25 HB1142 7 03-19-2025 15:36:33 JMB059 gynecological health, including without limitation laparoscopic gynecologic 1 surgery to reconstruct the uterus, fallopian tubes, ovaries, and other organ 2 structures, to eliminate endometriosis and other reproductive health 3 conditions; and 4 (4)(A) "Restorative reproductive medicine" means any scientific 5 approach to reproductive medicine that seeks to cooperate with or restore the 6 normal physiology and anatomy of the human reproductive system without the 7 use of methods that are suppressive, circumventive, or destructive to natural 8 human functions. 9 (B) "Restorative reproductive medicine" includes without 10 limitation: 11 (i) An ultrasound; 12 (ii) A blood test; 13 (iii) A hormone panel test; 14 (iv) A Laparoscopic or exploratory surgery; 15 (v) An examination of a patient's overall health and 16 lifestyle; 17 (vi) Eliminating environmental endocrine disruptors; 18 (vii) Assessing the health and fertility of a 19 patient's partner; 20 (viii) Natural procreative technology; 21 (ix) Fertility awareness -based methods; or 22 (x) Fertility education and medical management. 23 (b) All An accident and health insurance companies company doing 24 business in this state shall include, as a covered expense, in vitro 25 fertilization and restorative reproductive medicine . 26 (b)(c) Pursuant to the applicable provisions of Under the Arkansas 27 Insurance Code, the Insurance Commissioner may suspend or revoke the 28 certificate of authority of any insurance company failing to comply with the 29 provisions of this section. 30 (c)(d) After conducting appropriate studies and public hearings, the 31 commissioner shall establish minimum and maximum levels of coverage to be 32 provided by the an accident and health insurance companies company. 33 (d)(e) Coverage required under this section shall include services and 34 procedures performed at a medical facility licensed or certified by the 35 Department of Health or another state health department that conform to the 36 As Engrossed: H3/19/25 HB1142 8 03-19-2025 15:36:33 JMB059 guidelines and minimum standards of the: 1 (1) American College of Obstetricians and Gynecologists for in 2 vitro fertilization clinics; or 3 (2) American Society for Reproductive Medicine for programs of 4 in vitro fertilization ; or 5 (3) Institute of Restorative Reproductive Medicine of America 6 for programs of restorative reproductive medicine . 7 (e)(f) Continued certification shall require that the facility is 8 achieving a reasonable success rate with both fertilization, fertility, and 9 births. 10 (f)(g) Appropriate laboratory facilities must shall be provided by the 11 entity requesting certification. 12 13 SECTION 4. Arkansas Code § 23 -86-118 is amended to read as follows: 14 23-86-118. In vitro fertilization coverage required — Definitions. 15 (a) As used in this section: 16 (1)(A) "Fertility awareness -based methods" means modern, 17 evidence-based methods of tracking the menstrual cycle of a woman through 18 observable biological signs, including without limitation: 19 (i) Body temperature; 20 (ii) Cervical fluid; or 21 (iii) Hormone production in the reproductive system, 22 including luteinizing hormone and estrogen. 23 (B) "Fertility awareness -based methods" includes without 24 limitation: 25 (i) Fertility education and medical management; 26 (ii) The symptothermal method; 27 (iii) The Creighton Model FertilityCare System; or 28 (iv) The Billings Ovulation Method; 29 (2) "Fertility education and medical management" means a program 30 developed in collaboration with the Reproductive Health Research Institute 31 for medical research, protocols, and medical training for healthcare 32 professionals in order to enable the clinical application of research 33 advances in reproductive endocrinology by providing education for a woman 34 about her body and hormonal health and medical support, as appropriate; 35 (3) "Natural procreative technology" means an approach to 36 As Engrossed: H3/19/25 HB1142 9 03-19-2025 15:36:33 JMB059 healthcare services that monitors and maintains a woman's reproductive and 1 gynecological health, including without limitation laparoscopic gynecologic 2 surgery to reconstruct the uterus, fallopian tubes, ovaries, and other organ 3 structures, to eliminate endometriosis and other reproductive health 4 conditions; and 5 (4)(A) "Restorative reproductive medicine" means any scientific 6 approach to reproductive medicine that seeks to cooperate with or restore the 7 normal physiology and anatomy of the human reproductive system without the 8 use of methods that are suppressive, circumventive, or destructive to natural 9 human functions. 10 (B) "Restorative reproductive medicine" includes without 11 limitation: 12 (i) An ultrasound; 13 (ii) A blood test; 14 (iii) A hormone panel test; 15 (iv) A Laparoscopic or exploratory surgery; 16 (v) An examination of a patient's overall health and 17 lifestyle; 18 (vi) Eliminating environmental endocrine disruptors; 19 (vii) Assessing the health and fertility of a 20 patient's partner; 21 (viii) Natural procreative technology; 22 (ix) Fertility awareness -based methods; or 23 (x) Fertility education and medical management. 24 (b) All An accident and health insurance companies company doing 25 business in this state shall include, as a covered expense, in vitro 26 fertilization and restorative reproductive medicine . 27 (b)(c) Pursuant to the applicable provisions of Under the Arkansas 28 Insurance Code, the Insurance Commissioner may suspend or revoke the 29 certificate of authority of any insurance company failing to comply with the 30 provisions of this section. 31 (c)(d) After conducting appropriate studies and public hearings, the 32 commissioner shall establish minimum and maximum levels of coverage to be 33 provided by the an accident and health insurance companies company. 34 (d)(e) Coverage required under this section shall include services 35 performed at: 36 As Engrossed: H3/19/25 HB1142 10 03-19-2025 15:36:33 JMB059 (1) a A medical facility licensed or certified by the Department 1 of Health,; 2 (2) those performed at a A facility certified by the department 3 that conforms to the American College of Obstetricians and Gynecologists 4 guidelines for in vitro fertilization clinics , or; 5 (3) those performed at a A facility certified by the department 6 that meets the American Society for Reproductive Medicine minimal standards 7 for programs of in vitro fertilization ; or 8 (4) A facility certified by the department that meets the 9 guidelines and standards of the Institute of Restorative Reproductive 10 Medicine of America for programs of restorative reproductive medicine . 11 12 /s/A. Brown 13 14 15 APPROVED: 4/17/25 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36