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PUBLIC CHAPTER NO. 1139
SENATE BILL NO. 2461
By Bailey, Massey, Bowling, Pody, Seal, White
Substituted for: House Bill No. 2290
By Williams, Slater, Rudder, Helton-Haynes, Cochran, Chism, Bricken, Littleton, Alexander
AN ACT to amend Tennessee Code Annotated, Title 4; Title 29; Title 36; Title 63 and Title 68,
relative to assisted reproductive technology.
WHEREAS, the Society for Assisted Reproductive Technology membership is the "gold
standard" for clinics providing assisted reproductive technology; and
WHEREAS, the Society for Assisted Reproductive Technology is a standard that ensures an
abundance of regulation; and
WHEREAS, the Society for Assisted Reproductive Technology clinics are committed to the
highest quality standards of care; and
WHEREAS, all Society for Assisted Reproductive Technology clinics are required to
advertise truthfully; and
WHEREAS, all Society for Assisted Reproductive Technology clinics accurately report
outcomes so that patients can trust their provider; and
WHEREAS, all Society for Assisted Reproductive Technology clinics work with nationally
accredited laboratories to assure the best possible reproductive environments; and
WHEREAS, the Society for Assisted Reproductive Technology requires:
(a) Annual submission of cycle-specific clinic outcome data to the Society for Assisted
Reproductive Technology Registry, verified by the medical director, with permission to
disclose such data to the public and to allow data to be validated. Approximately eight to ten
percent of reporting clinics are validated each year;
(b) Accreditation of an embryology laboratory occurs every two years by either the
College of American Pathologists or Joint Commission on Accreditation of Healthcare
Organizations;
(c) The medical director of any new practice must be reproductive endocrinology and
infertility (REI) subspecialty certified by the American Board of Obstetrics and Gynecology,
an active candidate for subspecialty certification, or grandfathered in by having been a
medical director of a Society for Assisted Reproductive Technology member practice prior to
January 1, 2000;
(d) All assisted reproductive technology laboratory directors to meet uniform criteria
and physicians not currently laboratory directors to complete the reproductive endocrinology
fellowship training in the laboratory director track, attain sufficient hands-on experience to
meet American Society of Reproductive Medicine/Society for Assisted Reproductive
Technology guidelines and pass a certification exam administered by the American Board of
Bioanalysis;
(e) Adherence to all American Society of Reproductive Medicine/Society for Assisted
Reproductive Technology guidelines, including ethical, practice, advertising, and laboratory;
and
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(f) Fulfillment of all financial obligations regarding dues and fees; now, therefore,
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 68, Chapter 1, is amended by adding the
following as a new part:
68-1-2101. Part definitions.
As used in this part:
(1) "Assisted reproductive technology" or "ART" has the same meaning as
defined in 42 U.S.C. § 263a-7;
(2) "Department" means the department of health;
(3) "Fertility clinic" means:
(A) A location that is considered an embryo laboratory, as defined in 42
U.S.C. § 263a-7;
(8) A location where a person is practicing assisted reproductive
technology; or
(C) A location where a person is engaging in the storage of
embryos; and
(4) "Society for Assisted Reproductive Technology" or "SART" means a United
States-based professional organization that sets clinical and laboratory standards for
assisted reproductive technology, collects and publishes in-vitro fertilization success
rate data from member clinics, provides patient education, provides professional
guidance, and works closely with the federal centers for disease control and
prevention on ART data reporting.
68-1-2102. Certification required.
(a) Each fertility clinic operating in this state shall obtain a certificate to perform
assisted reproductive technology services.
(b) The department shall issue a certificate to a fertility clinic that submits the
following to the department biennially:
(1) Verification of the fertility clinic's membership in SART or an equivalent
organization subject to the approval of the department;
(2) An emergency plan for the transfer of embryos should the clinic close
permanently for any reason; and
(3) Proof of passing the most recent laboratory inspection from either the
College of American Pathologists or the Joint Commission on Accreditation of
Healthcare Organizations.
68-1-2103. Clinical directors.
For a fertility clinic to operate in this state, the clinical director must:
(1) Be licensed to practice medicine or osteopathic medicine pursuant to title
63, chapter 6 or 9;
(2) Be board certified in obstetrics and gynecology by a member board of the
American Board of Medical Specialties;
(3) Have successfully completed a fellowship in reproductive endocrinology
and infertility accredited by the Accreditation Council for Graduate Medical Education
or possess equivalent training and experience;
(4) Demonstrate substantial clinical experience in assisted reproductive
technology procedures; and
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(5) Maintain continuing medical education relevant to reproductive
endocrinology, infertility, and assisted reproductive technology.
68-1-2104. Genetic testing.
(a) The general assembly recognizes the importance of adherence to evidence-based
best practices in the provision of genetic testing services in connection with assisted
reproductive technology. Fertility clinics shall follow current clinical practice guidelines and
professional standards for genetic testing issued by nationally recognized professional
societies or organizations in the field of reproductive medicine or obstetrics and gynecology.
(b) This section does not require compliance with any specific guideline, create a
private cause of action, establish a standard of care, or serve as a basis for liability.
68-1-2105. Rules.
The department may promulgate rules to effectuate this part. The rules must be
promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4,
chapter 5.
SECTION 2. The headings in this act are for reference purposes only and do not constitute a
part of the law, enacted by this act. However, the Tennessee Code Commission is requested to
include the headings in any compilation or publication containing this act.
SECTION 3. For the purposes of promulgating, rules, this act takes effect upon becoming a
law, the public welfare requiring it. For all other purposes, this act takes effect· January 1, 2027, the
public welfare requiring it.
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SENATE BILL NO. 2461
PASSED: April 23, 2026
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