By: Alders H.B. No. 3132
A BILL TO BE ENTITLED
AN ACT
relating to reporting requirements for assisted reproductive
technology, including in vitro fertilization.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 174, Health and Safety Code, is added to
read as follows:
CHAPTER 174. REPORTING REQUIREMENTS FOR ASSISTED REPRODUCTIVE
TECHNOLOGY PROVIDERS
Sec. 174.001. DEFINITIONS. In this chapter:
(1) "Department" means the Texas Health and Human
Services Commission.
(2) "Assisted reproductive technology provider" means
any licensed, registered, or certified medical facility, clinic, or
healthcare provider that engages in treatments or procedures that
involve the handling of a human egg, sperm, or embryo outside of the
body with the intent of facilitating a pregnancy, including
artificial insemination, intrauterine insemination, in vitro
fertilization, gamete intrafallopian fertilization, zygote
intrafallopian fertilization, egg, embryo, and sperm
cryopreservation, and egg, sperm, or embryo donation, including in
vitro fertilization, frozen embryo transfer, or zygote
intrafallopian transfer.
(3) "Embryo" means a distinct and living organism of
the species homo sapiens from the moment of fertilization until
death or eight weeks gestation, including the single-cell stage of
development and such embryos that are in a state of
cryopreservation or are otherwise unused.
(4) "Cycle" means a single procedure of in vitro
fertilization, zygote intrafallopian transfer, gamete
intrafallopian transfer, or egg retrieval. A complete cycle may
only refer to egg retrieval if no eggs are fertilized and implanted
into the patient or it may mean the complete process from egg
retrieval to the transfer of human reproductive material.
Sec. 174.002. REPORTING REQUIREMENTS. (a) Each assisted
reproductive technology provider in the state shall submit an
annual report to the department detailing the following
information for the previous calendar year:
(1) Number of embryos created in total through
assisted reproductive technology cycles;
(2) What happens to each of the embryos created;
(3) How many embryos are negligently destroyed each
year due to the failure of a cryopreservation tank or technical and
human error;
(4) How many embryos perish due to natural causes
during fertilization, development, or implantation in assisted
reproductive technology procedures;
(5) How many embryos perish due to preimplantation
genetic testing in assisted reproductive technology;
(6) How many embryos are intentionally destroyed at
the discretion of the assisted reproductive technology provider or
the prospective parents and, for each instance, a specified reason
that the assisted reproductive technology provider or prospective
parent chose to discard the embryo for one of the four following
options:
(A) Genetic or physical health concerns;
(B) Undesired biological sex;
(C) Unwanted or unused embryo; or
(D) Other, with a specified reason;
(7) How many embryos prospective parents relinquished
to an embryo adoption clinic;
(8) How many embryos prospective parents donate for
research purposes;
(9) How many embryos are created in each cycle of
assisted reproductive technology;
(10) The loss of reproductive material of prospective
parents due to unknown or undisclosed reasons;
(11) Any instances of an assisted reproductive
technology provider knowingly transferring non-viable reproductive
material into a prospective patient, with or without the patient's
knowledge;
(12) The number of embryos that are frozen in
cryopreservation storage units that year;
(13) The total number of embryos that are frozen in
cryopreservation storage units, including embryos frozen in
previous years;
(14) How many embryos are transferred fresh versus
frozen;
(15) How many embryos are transferred in a single
transfer cycle;
(16) How many embryos successfully implant, when
conceived with assisted reproductive technology, but are
miscarried, perish naturally in the womb, or are stillborn;
(17) How many pregnancies result from assisted
reproductive technology procedures;
(18) How many live births result from assisted
reproductive technology procedures; and
(19) How many cases of multiple gestation including
twins, triplets, quadruplets, or more, occur from assisted
reproductive technology procedures.
(b) The report shall not contain any personally
identifiable patient information.
Sec. 174.003. COMPILATION AND PUBLICATION OF REPORTS. (a)
The department shall compile the data submitted under Section
174.002 and prepare an annual report summarizing the statewide
statistics on assisted reproductive technology procedures and
outcomes within 12 months of receiving the assisted reproductive
technology data from providers.
(b) The annual report compiled under subsection (a) should
include:
(1) The total number of providers registered to
practice assisted reproductive technology;
(2) The total number of assisted reproductive
technology and egg retrieval cycles each provider performs;
(3) A percentage breakdown of the types of assisted
reproductive technology procedures clinics, as a whole, perform;
(4) The success rate of each form of assisted
reproductive technology, broken down by age, whether donor ovum or
sperm was used, and the total number of cycles required for the
successful birth of a live child per couple; and
(5) The total outcomes of each of the individual
fertility clinic data collection points from Sec. 174.002.
(c) The report shall be made publicly available on the
department's website no later than December 31 of each year.
Sec. 174.004. ENFORCEMENT AND PENALTIES. (a) The
department shall adopt rules necessary to implement this chapter.
(b) Failure to comply with the reporting requirements of
this chapter may result in administrative penalties, including
fines or other disciplinary actions as prescribed by the
department.
SECTION 2. This Act takes effect September 1, 2025.