HB585 - Relating to the right to assistive reproductive technology treatments and procedures, including in vitro fertilization.

  89R1584 SRA-D     By: Goodwin H.B. No. 585       A BILL TO BE ENTITLED   AN ACT   relating to the right to assistive reproductive technology   treatments and procedures, including in vitro fertilization.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 161, Health and Safety Code, is amended   by adding Subchapter Z to read as follows:   SUBCHAPTER Z. RIGHT TO ASSISTIVE REPRODUCTIVE TECHNOLOGY   TREATMENTS AND PROCEDURES           Sec.   161.801.     DEFINITION. In this subchapter, "assistive   reproductive technology treatment or procedure" means a health care   treatment or procedure in which a human oocyte or embryo is handled   by a health care practitioner for fertility purposes.   The term   includes in vitro fertilization, gamete intrafallopian transfer,   and zygote intrafallopian transfer.           Sec.   161.802.     CONSTRUCTION OF SUBCHAPTER. (a)   This   subchapter may not be construed to prohibit the enforcement of a   health and safety law if the law:                 (1)     advances the safety of health care services or the   health of patients; and                 (2)     cannot be advanced by a less restrictive alternate   measure or action.           (b)     This subchapter may not be construed to modify,   supersede, or otherwise affect the coverage of assistive   reproductive technology procedures or treatments under Chapter   1366, Insurance Code.           Sec.   161.803.     RULES. The executive commissioner may adopt   rules necessary to implement this subchapter.           Sec.   161.804.     INFRINGEMENT OF RIGHT TO ASSISTIVE   REPRODUCTIVE TECHNOLOGY TREATMENTS AND PROCEDURES PROHIBITED.   This state, a political subdivision of this state, or an official or   employee of this state or a political subdivision of this state may   not prohibit or unreasonably limit:                 (1)  an individual from:                       (A)     accessing an assistive reproductive   technology treatment or procedure;                       (B)     continuing or completing an ongoing   assistive reproductive technology treatment or procedure under a   written plan or agreement with a health care provider; or                       (C)     retaining all rights regarding the use of the   individual's reproductive genetic material, including gametes;                 (2)  a health care provider from:                       (A)     performing or administering an assistive   reproductive technology treatment or procedure; or                       (B)     providing evidence-based information related   to assistive reproductive technology treatments or procedures; or                 (3)     a health benefit plan issuer from covering an   assistive reproductive technology treatment or procedure.           Sec.   161.805.     CIVIL ACTION. (a)   The following persons may   bring a civil action for appropriate equitable relief, including a   temporary or permanent injunction, against a governmental entity,   official, or employee who violates Section 161.804:                 (1)  the attorney general;                 (2)  a person adversely affected by the violation; or                 (3)     a health care provider on the provider's behalf or   on behalf of a patient who is adversely affected by the violation.           (b)     A court shall award a claimant who prevails in an action   brought under this section court costs and reasonable attorney's   fees incurred in bringing the action.   The court may not award court   costs and attorney's fees to the defendant for a nonfrivolous   claim.          SECTION 2.  Section 161.805, Health and Safety Code, as   added by this Act, applies only to a cause of action that accrues on   or after the effective date of this Act.          SECTION 3.  This Act takes effect September 1, 2025.