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REFERENCE TITLE: fertility treatment; access |
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State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025
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HB 2745 |
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Introduced by Representatives Stahl Hamilton: Abeytia, Aguilar, Austin, Blattman, Cavero, Connolly, Contreras L, Contreras P, Crews, De Los Santos, Garcia, Gutierrez, Hernandez A, Hernandez C, Hernandez L, Liguori, Luna-Nájera, Márquez, Mathis, Peshlakai, Sandoval, Simacek, Travers, Tsosie, Villegas, Volk
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AN ACT
Amending title 36, chapter 11, Arizona Revised Statutes, by adding article 2; relating to health care services.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 36, chapter 11, Arizona Revised Statutes, is amended by adding article 2, to read:
ARTICLE 2. FERTILITY TREATMENT
36-1305. Definitions
In this article, unless the context otherwise requires:
1. "Department" means the DEPARTMENT of health services.
2. "Fertility treatment" means any of the following:
(a) THE Preservation of human oocytes, sperm or embryos for later reproductive use.
(b) Artificial insemination, including intravaginal insemination, intracervical insemination and intrauterine insemination.
(c) Assisted reproductive technology, including In vitro fertilization and other treatments or procedures in which reproductive genetic material, INCLUDING oocytes, sperm, fertilized eggs and embryos, IS handled when CLINICALLY appropriate.
(d) Genetic testing of embryos.
(e) Medications THAT ARE prescribed or THAT ARE obtained over the counter, as indicated for fertility.
(f) Gamete donation.
(g) Any other information, referrals, treatments, procedures, medications, laboratory testing, technologies and services relating to fertility as the director of the department deems appropriate.
3. "HEALTH care provider" means any health care institution, any private office or clinic of a health professional or any health professional who:
(a) Is engaged in or seeks to be engaged in the delivery of fertility treatments, including providing evidence-based information, counseling, referrals or items and services that relate to, aid in or provide fertility treatment.
(b) If required to be licensed, certified or otherwise authorized in this state, is licensed, certified or otherwise authorized.
4. "HEALTH professional" means a physician who is licensed pursuant to title 32, chapter 13 or 17, a nurse practitioner who is licensed pursuant to title 32, chapter 15, a physician assistant who is licensed pursuant to title 32, chapter 25 or any health support personnel as defined in rule by the department or the health professional's respective health profession regulatory board.
5. "Health profession regulatory board" means any board that regulates one or more health professions in this state.
36-1305.01. Access to fertility treatment; rights; rules
A. An individual has a right without prohibition or unreasonable limitation, interference or detriment to the individual's health, including mental health, to do all of the following:
1. access fertility treatments.
2. Continue or complete an ongoing fertility treatment or procedure pursuant to a written plan or agreement with a health care provider.
3. retain all rights regarding the use or disposition of the individual's reproductive genetic materials, including gametes.
B. A health care provider that acts within the health care provider's scope of practice, if applicable, has a right to do both of the following:
1. Perform or assist with the performance of fertility treatments or procedures.
2. Provide or assist with providing evidence-based information related to fertility treatments.
C. A health insurer has the right to cover fertility treatments or procedures.
D. The department and the health professional's respective health profession regulatory board shall adopt rules necessary to implement this section.
Sec. 2. Exemption from rulemaking
Notwithstanding any other law, for the purposes of this act, the department of health services and the health profession regulatory boards are exempt from the rulemaking requirements of title 41, chapter 6, Arizona Revised Statutes, for one year after the effective date of this act.