HB3132 - Relating to reporting requirements for assisted reproductive technology, including in vitro fertilization.

      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.