Texas 2025 - 89th Regular

Texas Senate Bill SB2447 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Sparks S.B. No. 2447
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6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to reporting requirements for assisted reproductive
9	9	technology, including in vitro fertilization.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 174, Health and Safety Code, is added to read as
12	12	follows:
13	13	CHAPTER 174. REPORTING REQUIREMENTS FOR ASSISTED REPRODUCTIVE
14	14	TECHNOLOGY PROVIDERS
15	15	Sec. 174.001. DEFINITIONS. In this chapter:
16	16	(1) "Department" means the Texas Health and Human
17	17	Services Commission.
18	18	(2) "Assisted reproductive technology provider" means
19	19	any licensed, registered, or certified medical facility, clinic, or
20	20	healthcare provider that engages in treatments or procedures that
21	21	involve the handling of a human egg, sperm, or embryo outside of the
22	22	body with the intent of facilitating a pregnancy, including
23	23	artificial insemination, intrauterine insemination, in vitro
24	24	fertilization, gamete intrafallopian fertilization, zygote
25	25	intrafallopian fertilization, egg, embryo, and sperm
26	26	cryopreservation, and egg, sperm, or embryo donation, including in
27	27	vitro fertilization, frozen embryo transfer, or zygote
28	28	intrafallopian transfer.
29	29	(3) "Embryo" means a distinct and living organism of
30	30	the species homo sapiens from the moment of fertilization until
31	31	death or eight weeks gestation, including the single-cell stage of
32	32	development and such embryos that are in a state of
33	33	cryopreservation or are otherwise unused.
34	34	(4) "Cycle" means a single procedure of in vitro
35	35	fertilization, zygote intrafallopian transfer, gamete
36	36	intrafallopian transfer, or egg retrieval. A complete cycle may
37	37	only refer to egg retrieval if no eggs are fertilized and implanted
38	38	into the patient or it may mean the complete process from egg
39	39	retrieval to the transfer of human reproductive material.
40	40	Sec. 174.002. REPORTING REQUIREMENTS. (a) Each assisted
41	41	reproductive technology provider in the state shall submit an
42	42	annual report to the department detailing the following information
43	43	for the previous calendar year:
44	44	(1) Number of embryos created in total through
45	45	assisted reproductive technology cycles;
46	46	(2) What happens to each of the embryos created;
47	47	(3) How many embryos are negligently destroyed each
48	48	year due to the failure of a cryopreservation tank or technical and
49	49	human error;
50	50	(4) How many embryos perish due to natural causes
51	51	during fertilization, development, or implantation in assisted
52	52	reproductive technology procedures;
53	53	(5) How many embryos perish due to preimplantation
54	54	genetic testing in assisted reproductive technology;
55	55	(6) How many embryos are intentionally destroyed at
56	56	the discretion of the assisted reproductive technology provider or
57	57	the prospective parents and, for each instance, a specified reason
58	58	that the assisted reproductive technology provider or prospective
59	59	parent chose to discard the embryo for one of the four following
60	60	options:
61	61	(A) Genetic or physical health concerns;
62	62	(B) Undesired biological sex;
63	63	(C) Unwanted or unused embryo; or
64	64	(D) Other, with a specified reason;
65	65	(7) How many embryos prospective parents relinquished
66	66	to an embryo adoption clinic;
67	67	(8) How many embryos prospective parents donate
68	68	for research purposes;
69	69	(9) How many embryos are created in each cycle
70	70	of assisted reproductive technology;
71	71	(10) The loss of reproductive material of prospective
72	72	parents due to unknown or undisclosed reasons;
73	73	(11) Any instances of an assisted reproductive
74	74	technology provider knowingly transferring non-viable
75	75	reproductive material into a prospective patient, with or
76	76	without the patient's knowledge;
77	77	(12) The number of embryos that are frozen in
78	78	cryopreservation storage units that year;
79	79	(13) The total number of embryos that are frozen
80	80	in cryopreservation storage units, including embryos frozen
81	81	in previous years;
82	82	(14) How many embryos are transferred fresh versus
83	83	frozen;
84	84	(15) How many embryos are transferred in a single
85	85	transfer cycle;
86	86	(16) How many embryos successfully implant, when
87	87	conceived with assisted reproductive technology, but are
88	88	miscarried, perish naturally in the womb, or are stillborn;
89	89	(17) How many pregnancies result from assisted
90	90	reproductive technology procedures;
91	91	(18) How many live births result from assisted
92	92	reproductive technology procedures; and
93	93	(19) How many cases of multiple gestation including
94	94	twins, triplets, quadruplets, or more, occur from assisted
95	95	reproductive technology procedures.
96	96	(b) The report shall not contain any personally
97	97	identifiable patient information.
98	98	Sec. 174.003. COMPILATION AND PUBLICATION OF REPORTS. (a)
99	99	The department shall compile the data submitted under Section
100	100	174.002 and prepare an annual report summarizing the statewide
101	101	statistics on assisted reproductive technology procedures and
102	102	outcomes within 12 months of receiving the assisted reproductive
103	103	technology data from providers.
104	104	(b) The annual report compiled under subsection (a) should
105	105	include:
106	106	(1) The total number of providers registered to
107	107	practice assisted reproductive technology;
108	108	(2) The total number of assisted reproductive
109	109	technology and egg retrieval cycles each provider performs;
110	110	(3) A percentage breakdown of the types of assisted
111	111	reproductive technology procedures clinics, as a whole, perform;
112	112	(4) The success rate of each form of assisted
113	113	reproductive technology, broken down by age, whether donor ovum or
114	114	sperm was used, and the total number of cycles required for the
115	115	successful birth of a live child per couple; and
116	116	(5) The total outcomes of each of the individual
117	117	fertility clinic data collection points from Sec. 174.002.
118	118	(c) The report shall be made publicly available on the
119	119	department's website no later than December 31 of each year.
120	120	Sec. 174.004. ENFORCEMENT AND PENALTIES. (a) The
121	121	department shall adopt rules necessary to implement this chapter.
122	122	(b) Failure to comply with the reporting requirements of
123	123	this chapter may result in administrative penalties, including
124	124	fines or other disciplinary actions as prescribed by the
125	125	department.
126	126	SECTION 2. This Act takes effect September 1, 2025.