Shown verbatim: the complete text as captured from the official PDF posted by the Arkansas General Assembly, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
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1 State of Arkansas As Engrossed: H2/26/25
2 95th General Assembly
A Bill
3 Regular Session, 2025 HOUSE BILL 1554
4
5 By: Representative A. Brown
6 By: Senator J. Dotson
7
8 For An Act To Be Entitled
9 AN ACT TO CREATE THE ASSISTED REPRODUCTIVE TECHNOLOGY
10 REPORTING ACT; AND FOR OTHER PURPOSES.
11
12
13 Subtitle
14 TO CREATE THE ASSISTED REPRODUCTIVE
15 TECHNOLOGY REPORTING ACT.
16
17 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
18
19 SECTION 1. Arkansas Code Title 20, Chapter 9, is amended to add an
20 additional subchapter to read as follows:
21 Subchapter 16 - Assisted Reproductive Technology Reporting Act
22
23 20-9-1601. Title.
24 This subchapter shall be known and may be cited as the "Assisted
25 Reproductive Technology Reporting Act".
26
27 20-9-1602. Legislative findings.
28 The General Assembly finds that:
29 (1) The federal Fertility Clinic Success Rate and Certification
30 Act of 1992 requires the Centers for Disease Control and Prevention to track
31 certain health outcomes and success rates of assisted reproductive
32 technology;
33 (2) However, this law lacks a strong enforcement mechanism and
34 is too limited in scope;
35 (3) Additionally, the law governing assisted reproductive
36 technology in Arkansas does not require fertility clinics to report key data
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1 points related to assisted reproductive technology, maternal and neonatal
2 health, and the total number of embryos created through this procedure; and
3 (4) Therefore, many prospective parents, lawmakers, researchers,
4 and fertility clinics lack an adequate understanding of how assisted
5 reproductive technology functions in the State of Arkansas and information
6 that is essential for prospective parents as they make important decisions
7 about their childbearing options.
8
9 20-9-1603. Definitions.
10 As used in this subchapter:
11 (1) "Assisted reproductive technology" means a treatment or
12 procedure involving the handling of a human egg, sperm, and embryo outside of
13 the body with the intent of facilitating a pregnancy, including:
14 (A) Artificial insemination;
15 (B) Intrauterine insemination;
16 (C) In vitro fertilization;
17 (D) Gamete intrafallopian fertilization;
18 (E) Zygote intrafallopian fertilization;
19 (F) Egg, embryo, and sperm cryopreservation; and
20 (G) Egg, sperm, or embryo donation;
21 (2)(A) "Cycle" means a single procedure of in vitro
22 fertilization, zygote intrafallopian transfer, gamete intrafallopian
23 transfer, or egg retrieval.
24 (B) A "cycle" that is completed may only refer to egg
25 retrieval if no eggs are fertilized and implanted into the patient or may
26 mean the complete process from egg retrieval to the transfer of human
27 reproductive material;
28 (3) "Egg donor" means a person unrelated by marriage to the
29 recipient who provides or agrees to provide ovum for the purpose of human
30 reproduction, regardless of if the recipient has a diagnosis of infertility;
31 (4) "Embryo cryopreservation" means the process when human
32 embryos are frozen in an undisturbed environment for the purpose of saving
33 these embryos for future procreative use;
34 (5) "Fertility clinic" means a medical facility that is
35 licensed, registered, or certified under federal laws or regulations or state
36 laws and rules and that is responsible for the collection and preservation of
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1 human reproductive material responsible for the creation of human embryos or
2 the placement of human reproductive material into a prospective patient;
3 (6) "Healthcare professional" means an individual licensed,
4 registered, or certified under federal laws or regulations or state laws and
5 rules to provide healthcare services;
6 (7) "Human embryo" means a distinct and living organism of the
7 species Homo sapiens conceived either in the human body or produced in an
8 artificial environment other than the human body, from the moment of
9 fertilization, including the single-celled stage, until natural death,
10 including such embryos that are in a state of cryopreservation or are
11 otherwise unused;
12 (8) "Human embryo implantation" means a human embryo has
13 successfully attached to a patient's uterine wall lining which marks the
14 beginning of pregnancy;
15 (9) "Human reproductive material" means all or any part of a
16 sperm, ovum, or embryo at any stage of development;
17 (10) "Infertility" means a symptom of an underlying disease or
18 condition within a person's body that makes successfully conceiving and
19 carrying a child to term difficult or impossible, which is diagnosed after:
20 (A) Twelve (12) months of intercourse without the use of a
21 chemical, barrier, or other contraceptive method for women under thirty-five
22 (35) years of age; or
23 (B) Six (6) months of targeted intercourse without the use
24 of a chemical, barrier, or other contraceptive method for women who are
25 thirty-five (35) years of age and older, where conception should otherwise be
26 possible;
27 (11) "Prospective patient" means the patient who may undergo
28 assisted reproductive technology treatments, including the transfer of human
29 embryos for the purpose of initiating pregnancy;
30 (12) "Transfer" means the process by which a healthcare
31 professional places a fresh or frozen embryo within the uterus, fallopian
32 tubes, or other part of a patient's body for the purpose of initiating a
33 pregnancy; and
34 (13) "Sperm donor" means a person unrelated by marriage to a
35 prospective patient who provides or agrees to provide sperm for the purpose
36 of human reproduction, regardless of whether the prospective patient has a
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1 diagnosis of infertility.
2
3 20-9-1604. Reporting requirements.
4 (a) The Department of Health shall require fertility clinics to track
5 and report key data points, including without limitation:
6 (1) How many embryos each fertility clinic creates in total
7 through assisted reproductive technology cycles;
8 (2) What happens to each of the embryos created and the number
9 of embryos that:
10 (A) Are negligently destroyed each year due to the failure
11 of a cryopreservation tank or technical or human error;
12 (B) Perish due to natural causes during fertilization,
13 development, or implantation in assisted reproductive technology;
14 (C) Perish due to preimplantation genetic testing in
15 assisted reproductive technology;
16 (D)(i) Are intentionally destroyed at the discretion of
17 the fertility clinic or the prospective patient.
18 (ii) The fertility clinic shall specify why the
19 fertility clinic or prospective patient chose to discard or destroy the
20 embryo;
21 (E) Are relinquished by prospective patients to a clinic;
22 (F) Are donated by prospective patients for research
23 purposes; and
24 (G) Are created in each cycle of assisted reproductive
25 technology;
26 (3) If, and how often, the fertility clinic loses the human
27 reproductive material of prospective patients due to unknown or undisclosed
28 reasons;
29 (4) Any instances of a healthcare professional knowingly
30 transferring non-viable human reproductive material into a patient, with or
31 without the patient's knowledge;
32 (5) The total number of embryos that are frozen in
33 cryopreservation storage units and the number of embryos frozen prior to
34 submitting the report each year, whenever that occurs, under the supervision
35 of the reporting fertility clinic;
36 (6) How many embryos are transferred fresh versus frozen;
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1 (7) How many embryos are transferred in a single transfer cycle;
2 (8) How many embryos successfully implant when conceived with
3 assisted reproductive technology but are miscarried, perish naturally in the
4 womb, or are stillborn;
5 (9) How many pregnancies result from assisted reproductive
6 technology procedures;
7 (10) How many live births result from assisted reproductive
8 technology procedures; and
9 (11) How many cases of multiple gestation occur from assisted
10 reproductive technology procedures.
11 (b) The information reported under this section shall not include any
12 personally identifiable information and shall only include statistical
13 aggregate information.
14
15 20-9-1605. Annual public report.
16 (a) Within twelve (12) months of receiving the annual assisted
17 reproductive technology data from fertility clinics, the Department of Health
18 shall compile and publish a comprehensive report, available for public use,
19 cataloging key data points for research, accountability, and prospective
20 patient use, including without limitation:
21 (1) How many fertility clinics are registered to practice
22 assisted reproductive technology;
23 (2) How many assisted reproductive technology and egg retrieval
24 cycles each fertility clinic performs;
25 (3) A percentage breakdown of the types of assisted reproductive
26 technology procedures each fertility clinic performs;
27 (4) The success rate of each form of assisted reproductive
28 technology, broken down by age of the patient, whether donor ovum or sperm
29 was used, and the total number of cycles required for the successful live
30 birth of a child per patient; and
31 (5) Compile and report the outcomes of each of the individual
32 fertility clinic data collection points described under � 20-9-1604.
33 (b) The comprehensive report described under subsection (a) of this
34 section shall not include any personally identifiable information and shall
35 only include statistical aggregate information.
36
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6 02-26-2025 10:13:58 JMB056Every fact on this page links to its source, starting with the official bill record.