As Introduced
136th General Assembly
Regular Session H. B. No. 237
2025-2026
Representatives Somani, Piccolantonio
Cosponsors: Representatives Upchurch, Brennan, Brownlee, Russo, McNally
A B I L L
To enact sections 2305.2312, 3732.01, 3732.02,
3732.03, 3732.04, 3732.05, 3732.06, 3732.08,
3732.09, 3732.11, 3732.13, and 3732.14 of the
Revised Code to protect assisted reproduction
care.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2305.2312, 3732.01, 3732.02,
3732.03, 3732.04, 3732.05, 3732.06, 3732.08, 3732.09, 3732.11 ,
3732.13, and 3732.14 of the Revised Code be enacted to read as
follows:
Sec. 2305.2312. (A) As used in this section:
(1) "Assisted reproduction," "donor," and "human
reproductive material" have the same meanings as in section
2907.13 of the Revised Code;
(2) "Assisted reproduction care" means all medical,
surgical, counseling, or referral services that are lawful in
Ohio or the receipt of products relating to assisted
reproduction that is lawful in Ohio, including services,
procedures, or medicines relating to assisted reproduction and
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18 H. B. No. 237 Page 2
As Introduced
the provision of human reproductive material by a donor.
(3) "Assisted reproduction care helper" means a person who
facilitates or otherwise has supported or is supporting an
individual in seeking or receiving assisted reproduction care in
Ohio, including a person who provides funding, lodging,
transportation, doula services, information, data sharing
services such as electronic medical records programs, or other
financial or practical support to an individual seeking or
receiving assisted reproduction care.
(4) "Health care provider" has the same meaning as in
section 2305.2311 of the Revised Code.
(B) Except as provided in sections 2907.13, 2907.14,
4731.861, and 4731.864 of the Revised Code, a health care
provider providing assisted reproduction care, a health care
facility where assisted reproduction care is provided, an
individual seeking or accessing assisted reproduction care,
including a donor, or an assisted reproduction care helper is
not liable for or subject to damages in a civil action,
prosecution in a criminal proceeding, or professional
disciplinary action for any of the following:
(1) A claim of injury to or death of any human
reproductive material as an unborn human individual;
(2) Providing, accessing, or utilizing assisted
reproduction care.
(C)(1) This section does not apply if the act or omission
associated with providing assisted reproduction care constitutes
negligence, willful or wanton misconduct, or reckless disregard
for loss to person or property or the consequences so as to
affect the life or health of the patient.
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47 H. B. No. 237 Page 3
As Introduced
(2) Nothing in this section shall be construed to permit a
wrongful death action related to a loss of human reproductive
material.
Sec. 3732.01. As used in sections 3732.01 to 3732.14 of
the Revised Code:
(A) "Assisted reproduction," "donor," and "human
reproductive material" have the same meanings as in section
2907.13 of the Revised Code.
(B) "Collect" means for a regulated entity to obtain
personal assisted reproduction or donor information in any
manner.
(C) "Commerce" has the same meaning as in the "Federal
Trade Commission Act," 15 U.S.C. 44.
(D) "Disclose" means for a regulated entity to release,
transfer, sell, provide access to, license, or divulge personal
assisted reproduction or donor information in any manner to a
third party, including the federal government, the state, any
political subdivision, or a law enforcement agency.
(E)(1) "Express consent" means informed, opt-in,
voluntary, specific, and unambiguous written consent, including
by electronic means, to collecting, retaining, using, or
disclosing personal assisted reproduction or donor information.
(2) "Express consent" does not include any of the
following:
(a) Consent secured without first providing to the
individual a clear and conspicuous disclosure, apart from any
privacy policy, terms of service, terms of use, general release,
user agreement, or other similar document, of all information
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75 H. B. No. 237 Page 4
As Introduced
material to the provision of consent;
(b) Hovering over, muting, pausing, or closing a given
piece of content;
(c) Agreement obtained through the use of a user interface
designed or manipulated with the substantial effect of
subverting or impairing user autonomy, decision-making, or
choice.
(F) "Personal information" means information that
identifies, relates to, describes, is reasonably capable of
being associated with, or could reasonably be linked, directly
or indirectly to, a particular individual.
(G) "Personal assisted reproduction or donor information"
means personal information relating to the past, present, or
future use of assisted reproduction by an individual or the
past, present, or future provision of human reproductive
material by a donor, including any of the following:
(1) Efforts to research or obtain assisted reproduction-
related or donor-related information, services, or supplies,
including location information that might indicate an attempt to
acquire or receive such information, services, or supplies;
(2) The provision of human reproductive material by a
donor or the use of human reproductive material for assisted
reproduction;
(3) Fertility-related conditions, status, diseases, or
diagnoses, including pregnancy, menstruation, ovulation, the use
of assisted reproduction procedures, and the ability to conceive
a pregnancy, regardless of whether such individual is sexually
active, and whether such individual is engaging in unprotected
sex;
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104 H. B. No. 237 Page 5
As Introduced
(4) Fertility-related or assisted reproduction-related
surgeries or procedures;
(5) Use or purchase of any medication related to
fertility, including medicine for assisted reproduction;
(6) Bodily functions, vital signs, measurements, or
symptoms related to menstruation or pregnancy, such as basal
temperature, cramps, bodily discharge, or hormone levels;
(7) Any information about diagnoses or diagnostic testing,
treatment, medications, or the use of any product or service
relating to the matters described in divisions (G)(1) to (6) of
this section;
(8) Any information described in divisions (G)(1) to (7)
of this section that is derived or extrapolated from non-health
information, including proxy, derivative, inferred, emergent, or
algorithmic data.
(H)(1) "Regulated entity" means any entity, to the extent
the entity is engaged in activities in or affecting commerce,
that is either:
(a) A person, partnership, or corporation subject to the
jurisdiction of the federal trade commission under section 5(a)
(2) of the "Federal Trade Commission Act," 15 U.S.C. 45(a)(2);
(b) Notwithstanding section 4, 5(a)(2), or 6 of the
"Federal Trade Commission Act," 15 U.S.C. 44; 45(a)(2); 46, or
any jurisdictional limitation of the commission, either of the
following:
(i) A common carrier subject to the "Communications Act of
1934,"47 U.S.C. 151 et seq.;
(ii) An organization not organized to carry on business
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132 H. B. No. 237 Page 6
As Introduced
for its own profit or that of its members.
(2) "Regulated entity" does not include any of the
following:
(a) An entity that is a covered entity, as defined in 45
C.F.R. 160.103, to the extent the entity is acting as a covered
entity under the HIPAA privacy regulations, as defined in
section 1180(b)(3) of the "Social Security Act," 42 U.S.C.
1320d–9(b)(3);
(b) An entity that is a business associate, as defined in
45 C.F.R. 160.103, to the extent the entity is acting as a
business associate under the HIPAA privacy regulations, as
defined in section 1180(b)(3) of the "Social Security Act," 42
U.S.C. 1320d–9(b)(3);
(c) An entity that is subject to restrictions on
disclosure of records under section 543 of the "Public Health
Service Act," 42 U.S.C. 290dd–2, to the extent the entity is
acting in a capacity subject to the restrictions.
(I)(1) "Service provider" means a person to whom both of
the following apply:
(a) Collects, retains, uses, or discloses personal
assisted reproduction or donor information for the sole purpose
of, and only to the extent that the person is, conducting
business activities on behalf of, for the benefit of, under
instruction of, and under contractual agreement with a regulated
entity and not any other individual or entity;
(b) Does not divulge personal assisted reproduction or
donor information to any individual or entity other than such
regulated entity or a contractor to such service provider bound
to information processing terms not less restrictive than terms
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161 H. B. No. 237 Page 7
As Introduced
to which the service provider is bound.
(2) A person shall only be considered a service provider
in the course of activities described in division (I)(1)(a) of
this section.
(J) "Third party" means any person who is not any of the
following:
(1) The regulated entity that is disclosing or collecting
personal assisted reproduction or donor information;
(2) The individual to whom the personal assisted
reproduction or donor information relates;
(3) A service provider.
Sec. 3732.02. (A) A regulated entity shall not collect,
retain, use, or disclose personal assisted reproduction or donor
information, except under either of the following circumstances:
(1) With the express consent of the individual to whom
such information relates;
(2) As is strictly necessary to provide a product or
service that the individual to whom the information relates has
requested from the regulated entity.
(B) A regulated entity shall restrict access to personal
assisted reproduction or donor information to the employees or
service providers of the regulated entity for which access is
necessary to provide a product or service that the individual to
whom the information relates has requested from the regulated
entity.
(C) For purposes of compliance with this section by a
service provider of a regulated entity, a request from an
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188 H. B. No. 237 Page 8
As Introduced
individual to the regulated entity for a product or service, and
an express consent from the individual to the regulated entity,
shall be treated as having also been provided to the service
provider.
Sec. 3732.03. (A)(1) A regulated entity shall make
available a reasonable mechanism by which an individual, upon a
verified request, may access both of the following:
(a) Any personal assisted reproduction or donor
information relating to the individual that is retained by the
regulated entity, including both of the following:
(i) In the case of the information that the regulated
entity collected from third parties, how and from which specific
third parties the regulated entity collected the information;
(ii) The information that the regulated entity inferred
about the individual.
(b) A list of the specific third parties to which the
regulated entity has disclosed any personal assisted
reproduction or donor information relating to such individual.
(2) A regulated entity shall make the information
described in division (A)(1) of this section available in both a
human-readable format and a structured, interoperable, and
machine-readable format.
(B)(1) A regulated entity shall make available a
reasonable mechanism by which an individual, upon a verified
request, may request the deletion of any personal assisted
reproduction or donor information relating to the individual
that is retained by the regulated entity, including any
information that the regulated entity collected from a third
party or inferred from other information retained by the
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
215
216
217 H. B. No. 237 Page 9
As Introduced
regulated entity.
(2) A regulated entity shall comply with a verified
request received under this section without undue delay but not
later than fifteen days after the date on which such regulated
entity receives the verified request.
(3) A regulated entity shall not charge a fee to an
individual for a request made under this section.
(C) Nothing in this section shall be construed to require
a regulated entity to do any of the following:
(1) Take an action that would convert information that is
not personal information into personal information;
(2) Collect or retain personal information that the
regulated entity would otherwise not collect or retain;
(3) Retain personal information longer than the regulated
entity would otherwise retain the information.
(D) For purposes of this section, "reasonable mechanism"
means, with respect to a regulated entity and a right under
division (B) of this section, a mechanism to which both of the
following apply:
(1) It is equivalent in availability and ease of use to
that of other mechanisms for communicating or interacting with
the regulated entity.
(2) It includes an online means of exercising the right
described under division (B) of this section.
Sec. 3732.04. (A) A regulated entity shall maintain a
privacy policy relating to the practices of the regulated entity
regarding the collecting, retaining, using, and disclosing of
218
219
220
221
222
223
224
225
226
227
228
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244 H. B. No. 237 Page 10
As Introduced
personal assisted reproduction or donor information.
(B) If a regulated entity has a web site, it shall
prominently publish the privacy policy on the web site.
(C) The privacy policy shall be clear and conspicuous and
shall include all of the following:
(1) A description of the practices of the regulated entity
regarding the collecting, retaining, using, and disclosing of
personal assisted reproduction and donor information;
(2) A clear and concise statement of the categories of the
information collected, retained, used, or disclosed by the
regulated entity;
(3) A clear and concise statement of the purposes of the
regulated entity for the collecting, retaining, using, or
disclosing of the information;
(4) A list of the specific third parties to which the
regulated entity discloses the information, and a clear and
concise statement of the purposes for which the regulated entity
discloses the information, including how the information may be
used by each such third party;
(5) A list of the specific third parties from which the
regulated entity has collected the information, and a clear and
concise statement of the purposes for which the regulated entity
collects the information;
(6) A clear and concise statement describing the extent to
which individuals may exercise control over the collecting,
retaining, using, and disclosing of personal assisted
reproduction or donor information by the regulated entity, and
the steps an individual must take to implement such controls;
245
246
247
248
249
250
251
252
253
254
255
256
257
258
259
260
261
262
263
264
265
266
267
268
269
270
271
272 H. B. No. 237 Page 11
As Introduced
(7) A clear and concise statement describing the efforts
of the regulated entity to protect personal assisted
reproduction or donor information from unauthorized disclosure.
Sec. 3732.05. (A) Any individual alleging a violation of
sections 3732.02 to 3732.04 of the Revised Code may bring a
civil action in any court of competent jurisdiction.
(B) In a civil action brought under this section in which
the plaintiff prevails, the court may award the following:
(1) An amount not less than one hundred dollars and not
greater than one thousand dollars per violation per day, or
actual damages, whichever is greater;
(2) Punitive damages;
(3) Reasonable attorneys' fees and litigation costs;
(4) Any other relief, including equitable or declaratory
relief, that the court determines appropriate.
(C) A violation of sections 3732.02 to 3732.04 of the
Revised Code constitutes a concrete and particularized injury in
fact to the individual to whom such information relates.
(D)(1) Notwithstanding any other provision of law, no pre-
dispute arbitration agreement or pre-dispute joint-action waiver
is valid or enforceable with respect to a dispute arising under
sections 3732.02 to 3732.04 of the Revised Code.
(2) Any determination as to whether or how division (D) of
this section applies to any dispute shall be made by a court,
rather than an arbitrator, without regard to whether the
agreement purports to delegate the determination to an
arbitrator.
273
274
275
276
277
278
279
280
281
282
283
284
285
286
287
288
289
290
291
292
293
294
295
296
297
298
299 H. B. No. 237 Page 12
As Introduced
(E) For purposes of this section:
(1) "Pre-dispute arbitration agreement" means any
agreement to arbitrate a dispute that has not arisen at the time
of the making of the agreement.
(2) "Pre-dispute joint-action waiver" means an agreement
that would prohibit a party from participating in a joint,
class, or collective action in a judicial, arbitral,
administrative, or other forum, concerning a dispute that has
not yet arisen at the time of the making of the agreement.
Sec. 3732.06. (A) A violation of sections 3732.02 to
3732.04 of the Revised Code is an unfair or deceptive act or
practice in violation of section 1345.02 of the Revised Code. A
person injured by a violation of those sections has a cause of
action and is entitled to the same relief available to a
consumer under section 1345.09 of the Revised Code.
(B) The attorney general shall enforce sections 3732.02 to
3732.04 of the Revised Code in the same manner, by the same
means, and with the same jurisdiction, powers, and duties as
applicable for violations of sections 1345.01 to 1345.13 of the
Revised Code. Any regulated entity that violates those sections
is subject to the provisions, including penalties, of Chapter
1345. of the Revised Code.
(C) The attorney general may adopt rules as necessary to
implement and enforce sections 3732.02 to 3732.04 of the Revised
Code. Any rules shall be adopted in accordance with Chapter 119.
of the Revised Code.
Sec. 3732.08. (A) As used in sections 3732.08 to 3732.14
of the Revised Code, "assisted reproduction health care
provider" means any entity or individual, including any
300
301
302
303
304
305
306
307
308
309
310
311
312
313
314
315
316
317
318
319
320
321
322
323
324
325
326
327
328 H. B. No. 237 Page 13
As Introduced
physician, nurse practitioner, physician assistant, or
pharmacist, who is engaged or seeks to engage in assisted
reproduction care, such as through the provision of evidence-
based information, counseling, or items and services related to
fertility treatment.
(B) No political subdivision of this state, or official or
employee of this state, shall prohibit or unreasonably limit,
for reasons other than to enforce health and safety regulations,
any of the following:
(1) Any individual from doing any of the following:
(a) Accessing assisted reproduction;
(b) Continuing or completing an ongoing assisted
reproduction treatment or procedure pursuant to a written plan
or agreement with an assisted reproduction health care provider;
(c) Using or controlling the use of the individual's human
reproductive material.
(2) Any assisted reproduction health care provider from
doing either of the following:
(a) Performing assisted reproduction treatments or
procedures;
(b) Providing evidence-based information related to
assisted reproduction.
(3) Any insurance provider from covering assisted
reproduction treatments or procedures.
(C) Nothing in this section shall be construed as
preempting any written agreement or contract regarding an
individual's human reproductive material.
329
330
331
332
333
334
335
336
337
338
339
340
341
342
343
344
345
346
347
348
349
350
351
352
353
354
355 H. B. No. 237 Page 14
As Introduced
Sec. 3732.09. (A) All of the following may bring a civil
action against any political subdivision of this state, or any
official or employee of this state, for the violation of, or the
enactment, implementation, or enforcement of a limitation or
requirement that violates, section 3732.08 of the Revised Code:
(1) The attorney general;
(2) Any individual or entity adversely affected by the
violation;
(3) An assisted reproduction health care provider on the
provider's own behalf, on behalf of the provider's staff, and on
behalf of the provider's patients who are or may be adversely
affected by the violation.
(B) The court may award appropriate equitable relief,
including temporary, preliminary, or permanent injunctive
relief.
(C)(1) The court shall award costs of litigation and
reasonable attorney's fees to any prevailing plaintiff.
(2) A plaintiff is not liable to a defendant for costs or
attorney's fees in any non-frivolous action filed under this
section.
(D) Notwithstanding any other provision of law, no
political subdivision of this state, or official or employee of
this state, is immune from an action brought under this section
in a court of competent jurisdiction.
(E) Nothing in section 3732.08 of the Revised Code or this
section shall be construed to do either of the following:
(1) Prohibit the enforcement of health and safety
regulations that apply to assisted reproduction health care
356
357
358
359
360
361
362
363
364
365
366
367
368
369
370
371
372
373
374
375
376
377
378
379
380
381
382
383 H. B. No. 237 Page 15
As Introduced
providers or health care facilities that provide assisted
reproduction care, if the regulations do both of the following:
(a) Advance the safety of health care services or the
health of patients;
(b) Cannot be advanced by a less restrictive alternative
measure or action.
(2) Modify, supersede, or otherwise affect any law
regarding insurance coverage of assisted reproduction.
Sec. 3732.11. (A) No assisted reproduction health care
provider or health care facility that provides assisted
reproduction care shall be required or compelled to provide
patient records to any out-of-state third party, including the
federal government, another state, any political subdivision, or
a law enforcement agency.
(B) For purposes of this section, "health care facility"
has the same meaning as in section 2925.11 of the Revised Code.
Sec. 3732.13. For the purposes of the Revised Code and
notwithstanding any other provision of law, no human
reproductive material that exists outside of a human uterus
shall be considered an unborn human individual, an unborn child,
a fetus, a natural person, or any other term that connotes or
designates personhood.
Sec. 3732.14. (A) Assisted reproduction health care shall
be performed or provided only if the assisted reproduction
health care provider has obtained the informed consent of each
patient. The health care provider shall provide written copies
to each patient of the provider's and health care facility's
assisted reproduction-related policies and services applicable
to the patient.
384
385
386
387
388
389
390
391
392
393
394
395
396
397
398
399
400
401
402
403
404
405
406
407
408
409
410
411
412 H. B. No. 237 Page 16
As Introduced
(B) Each patient shall sign a form acknowledging that the
patient has received the information and consents to the
policies and applicable services described in division (A) of
this section.
413
414
415
416