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Arkansas General Assembly· HB 1795Died in House Committee at Sine Die adjournment.

An act TO CREATE THE FERTILITY CLINIC LICENSURE ACT, the official text

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.
Stricken language would be deleted from and underlined language would be added to present law.

1 State of Arkansas                 A Bill
2 95th General Assembly

3 Regular Session, 2025                                              HOUSE BILL 1795

4

5 By: Representatives A. Brown, Bentley, Gramlich, Long, Pilkington

6

7

8                              For An Act To Be Entitled

9            AN ACT TO CREATE THE FERTILITY CLINIC LICENSURE ACT;

10           AND FOR OTHER PURPOSES.

11

12

13                                    Subtitle

14                       TO CREATE THE FERTILITY CLINIC LICENSURE

15                       ACT.

16

17 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:

18

19  SECTION 1. Title.

20  This act shall be known and may be cited as the "Fertility Clinic

21 Licensure Act".

22

23  SECTION 2. Arkansas Code � 20-9-201, concerning definitions related to

24 the licensing of healthcare facilities, is amended to add an additional

25 subdivision to read as follows:

26           (15) "Fertility clinic" means a medical facility or healthcare

27 professional that collects or preserves, or both, human embryos for the

28 creation or the placement of human embryos into a patient

29

30  SECTION 3. Arkansas Code � 20-9-213, concerning the requirement of a

31 license to operate in this state as a hospital, recuperation center, or

32 related institution, is amended to add an additional subsection to read as

33 follows:

34  (d) If a medical facility is providing or performing in vitro

35 fertilization in this state, the medical facility or institution shall also

36 be licensed separately as a fertility clinic.

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1

2   SECTION 4. Arkansas Code � 20-9-214(b), concerning the fees for the

3 operation of institutions providing healthcare services, is amended to read

4 as follows:

5   (b) The Department of Health may levy and collect the following annual

6 fees for issuance of an annual license to hospitals or institutions:

7              Per facility (unless otherwise noted)

8              (1) Hospitals (per bed)                                    $ 6.00

9              (2) Ambulatory Surgery Center                            1,000.00

10             (3) Rural Emergency Hospital                               500.00

11             (4) Hospital-Based Recuperation Center                     275.00

12             (5) Freestanding Recuperation Center                     2,000.00

13             (6) Hospital-Based Alcohol/Drug Unit                       75.00

14             (7) Freestanding Alcohol/Drug Unit                       1,000.00

15             (8) Hospital-Based Outpatient Psychiatric Center           75.00

16             (9) Freestanding Outpatient Psychiatric Center           1,000.00

17             (10) Infirmary                                             100.00

18             (11) Fertility Clinic                                    1,000.00

19             (12) Reissuance of license due to name/address change      100.00

20

21  SECTION 5. Arkansas Code Title 20, Chapter 9, is amended to add an

22 additional subchapter to read as follows:

23

24             Subchapter 16 -- Fertility Clinics

25

26  20-9-1601. Definitions.

27  As used in this subchapter, "fertility clinic" means a medical facility

28 or healthcare professional that collects or preserves, or both, human embryos

29 for the creation or the placement of human embryos into a patient.

30

31  20-9-1602. Reporting.

32  (a)(1) The Department of Health shall require a fertility clinic to

33 report to the department all data that is not personally identifiable

34 information and that is reported to the United States Secretary of Health and

35 Human Services under the Fertility Clinic Success Rate and Certification Act

36 of 1992, Pub. L. No. 102-493.

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1               (2) The department may require a fertility clinic to report to

2 the department under subdivision (a)(1) of this section at the same time as

3 the fertility clinic reports to the United States Secretary of Health and

4 Human Services.

5          (b) A fertility clinic in this state that violates this section shall

6 be fined fifty thousand dollars ($50,000) by the department.

7

8          20-9-1603. Annual report.

9          (a) Within twelve (12) months of receiving the data required under �

10 20-9-1602, the Department of Health shall compile a comprehensive report to

11 be available on the department's website.

12         (b)(1) The department shall report annually to:

13                 (A) The Senate Committee on Public Health, Welfare, and

14 Labor; and

15                 (B) The House Committee on Public Health, Welfare, and

16 Labor.

17              (2) The report under subdivision (b)(1) of this section shall

18 include a list of licensed fertility clinics available in this state and a

19 summary of the data that is not personally identifiable information reported

20 to the department under � 20-9-1602.

21

22         20-9-1604. Rules.

23         The Department of Health shall promulgate rules to implement this

24 subchapter.

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