Texas 2025 - 89th Regular

Texas House Bill HB3132 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1		By: Alders H.B. No. 3132
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4	6		A BILL TO BE ENTITLED
5	7		AN ACT
6	8		relating to reporting requirements for assisted reproductive
7	9		technology, including in vitro fertilization.
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	11		SECTION 1. Chapter 174, Health and Safety Code, is added to
10	12		read as follows:
11	13		CHAPTER 174. REPORTING REQUIREMENTS FOR ASSISTED REPRODUCTIVE
12	14		TECHNOLOGY PROVIDERS
13	15		Sec. 174.001. DEFINITIONS. In this chapter:
14	16		(1) "Department" means the Texas Health and Human
15	17		Services Commission.
16	18		(2) "Assisted reproductive technology provider" means
17	19		any licensed, registered, or certified medical facility, clinic, or
18	20		healthcare provider that engages in treatments or procedures that
19	21		involve the handling of a human egg, sperm, or embryo outside of the
20	22		body with the intent of facilitating a pregnancy, including
21	23		artificial insemination, intrauterine insemination, in vitro
22	24		fertilization, gamete intrafallopian fertilization, zygote
23	25		intrafallopian fertilization, egg, embryo, and sperm
24	26		cryopreservation, and egg, sperm, or embryo donation, including in
25	27		vitro fertilization, frozen embryo transfer, or zygote
26	28		intrafallopian transfer.
27	29		(3) "Embryo" means a distinct and living organism of
28	30		the species homo sapiens from the moment of fertilization until
29	31		death or eight weeks gestation, including the single-cell stage of
30	32		development and such embryos that are in a state of
31	33		cryopreservation or are otherwise unused.
32	34		(4) "Cycle" means a single procedure of in vitro
33	35		fertilization, zygote intrafallopian transfer, gamete
34	36		intrafallopian transfer, or egg retrieval. A complete cycle may
35	37		only refer to egg retrieval if no eggs are fertilized and implanted
36	38		into the patient or it may mean the complete process from egg
37	39		retrieval to the transfer of human reproductive material.
38	40		Sec. 174.002. REPORTING REQUIREMENTS. (a) Each assisted
39	41		reproductive technology provider in the state shall submit an
40	42		annual report to the department detailing the following
41	43		information for the previous calendar year:
42	44		(1) Number of embryos created in total through
43	45		assisted reproductive technology cycles;
44	46		(2) What happens to each of the embryos created;
45	47		(3) How many embryos are negligently destroyed each
46	48		year due to the failure of a cryopreservation tank or technical and
47	49		human error;
48	50		(4) How many embryos perish due to natural causes
49	51		during fertilization, development, or implantation in assisted
50	52		reproductive technology procedures;
51	53		(5) How many embryos perish due to preimplantation
52	54		genetic testing in assisted reproductive technology;
53	55		(6) How many embryos are intentionally destroyed at
54	56		the discretion of the assisted reproductive technology provider or
55	57		the prospective parents and, for each instance, a specified reason
56	58		that the assisted reproductive technology provider or prospective
57	59		parent chose to discard the embryo for one of the four following
58	60		options:
59	61		(A) Genetic or physical health concerns;
60	62		(B) Undesired biological sex;
61	63		(C) Unwanted or unused embryo; or
62	64		(D) Other, with a specified reason;
63	65		(7) How many embryos prospective parents relinquished
64	66		to an embryo adoption clinic;
65	67		(8) How many embryos prospective parents donate for
66	68		research purposes;
67	69		(9) How many embryos are created in each cycle of
68	70		assisted reproductive technology;
69	71		(10) The loss of reproductive material of prospective
70	72		parents due to unknown or undisclosed reasons;
71	73		(11) Any instances of an assisted reproductive
72	74		technology provider knowingly transferring non-viable reproductive
73	75		material into a prospective patient, with or without the patient's
74	76		knowledge;
75	77		(12) The number of embryos that are frozen in
76	78		cryopreservation storage units that year;
77	79		(13) The total number of embryos that are frozen in
78	80		cryopreservation storage units, including embryos frozen in
79	81		previous years;
80	82		(14) How many embryos are transferred fresh versus
81	83		frozen;
82	84		(15) How many embryos are transferred in a single
83	85		transfer cycle;
84	86		(16) How many embryos successfully implant, when
85	87		conceived with assisted reproductive technology, but are
86	88		miscarried, perish naturally in the womb, or are stillborn;
87	89		(17) How many pregnancies result from assisted
88	90		reproductive technology procedures;
89	91		(18) How many live births result from assisted
90	92		reproductive technology procedures; and
91	93		(19) How many cases of multiple gestation including
92	94		twins, triplets, quadruplets, or more, occur from assisted
93	95		reproductive technology procedures.
94	96		(b) The report shall not contain any personally
95	97		identifiable patient information.
96	98		Sec. 174.003. COMPILATION AND PUBLICATION OF REPORTS. (a)
97	99		The department shall compile the data submitted under Section
98	100		174.002 and prepare an annual report summarizing the statewide
99	101		statistics on assisted reproductive technology procedures and
100	102		outcomes within 12 months of receiving the assisted reproductive
101	103		technology data from providers.
102	104		(b) The annual report compiled under subsection (a) should
103	105		include:
104	106		(1) The total number of providers registered to
105	107		practice assisted reproductive technology;
106	108		(2) The total number of assisted reproductive
107	109		technology and egg retrieval cycles each provider performs;
108	110		(3) A percentage breakdown of the types of assisted
109	111		reproductive technology procedures clinics, as a whole, perform;
110	112		(4) The success rate of each form of assisted
111	113		reproductive technology, broken down by age, whether donor ovum or
112	114		sperm was used, and the total number of cycles required for the
113	115		successful birth of a live child per couple; and
114	116		(5) The total outcomes of each of the individual
115	117		fertility clinic data collection points from Sec. 174.002.
116	118		(c) The report shall be made publicly available on the
117	119		department's website no later than December 31 of each year.
118	120		Sec. 174.004. ENFORCEMENT AND PENALTIES. (a) The
119	121		department shall adopt rules necessary to implement this chapter.
120	122		(b) Failure to comply with the reporting requirements of
121	123		this chapter may result in administrative penalties, including
122	124		fines or other disciplinary actions as prescribed by the
123	125		department.
124	126		SECTION 2. This Act takes effect September 1, 2025.