Death penalty, abolished

2026 Regular Session Introduced by Chris England

Protects patient access to ART (including IVF) and a provider's ability to offer information and perform ART from state/local bans or unreasonable limits.

Filed

#constitutionalamendmentsstatewide

Purpose / Intent

The bill creates a state-level statutory protection for assisted reproductive technology (ART) — including in vitro fertilization (IVF) — by prohibiting the State and its political subdivisions from banning, unreasonably limiting, or interfering with (a) a patient’s access to ART, (b) a health care provider’s ability to provide evidence‑based information about ART, and (c) a health care provider’s ability to perform or assist with ART.

Key provisions

Adds a new Article (titled “Assisted Reproductive Technology”) to Chapter 90 of the state statutes.

Definitions:

“Assisted reproductive technology” (ART) — all treatments or procedures involving handling of human oocytes or human embryos, explicitly naming IVF, gamete intrafallopian transfer (GIFT), and zygote intrafallopian transfer (ZIFT).
“Health care provider” — broadly defined to include licensed/certified individuals, licensed health care facilities, and their officers, directors, employees, and agents.
“Health care service” — defined to include medical procedures, testing, diagnosis, treatment, and dispensing of drugs/devices for health conditions.

Prohibitions:

The State and local governments may not prohibit, unreasonably limit, or interfere with:
A patient’s right to access ART;
A provider’s right to provide or assist with evidence‑based information about ART; or
A provider’s right to perform or assist with ART.

Savings clause: the bill does not limit enforcement of health‑and‑safety laws governing operation of health care facilities or the provision of medical services.

Who is affected

Patients seeking ART (including IVF) — their statutory right to access ART is protected from state/local bans or unreasonable restrictions.

Health care providers and facilities that offer ART services — clinics, physicians, embryologists, and clinic staff gain explicit statutory protection to provide ART and related information.

State and local governments — the bill constrains their authority to regulate or restrict access to ART, subject to routine health and safety regulation.

Fiscal and legal impact

No funding, coverage, licensing, or insurance‑mandate provisions are included. The bill protects access and provider conduct but does not require insurers to cover ART or allocate state funds.

It does not create detailed enforcement mechanisms or civil remedies in the text provided; existing legal remedies would govern disputes unless further provisions are added.

Health and safety regulation of facilities remains enforceable.

Procedural / Effective date

The bill creates a new statutory Article (Article 1O) in Chapter 90. The bill text states it is effective when enacted (i.e., upon becoming law).

Note: Multiple legislative documents with the label “HB 76” appear in the materials provided (from different jurisdictions and on different subjects). This summary focuses on the HB 76 titled “Protect Access to In Vitro Fertilization” (the assisted‑reproductive‑technology Article).

Bill