Bill
HB 1795
HB1795 would require fertility clinics to obtain a separate license, report non-identifiable data to the DOH, and publish annual public summaries to boost transparency.
Status: Died in committee (House) at sine die adjournment (May 5, 2025)
Introduced: January 9, 2025
Primary sponsors: Rep. A. Brown; cosponsors: Bentley, Gramlich, Long, Pilkington. Companion: SB 2426.
Note on source materials: The provided file appears to include two different bills with overlapping identifiers. This summary focuses on the Arkansas-language portion titled the “Fertility Clinic Licensure Act,” which is the substantive text shown in the document.
Purpose and intent
- Establish a state regulatory framework for fertility clinics — specifically medical facilities or providers that collect, preserve, create, or place human embryos — by requiring separate licensure, data reporting, and Department of Health (DOH) oversight. The bill aims to increase oversight, transparency, and consumer information about clinic outcomes.
Key provisions
- Definition (20-9-201 / Subchapter 16): Defines “fertility clinic” as a medical facility or health care professional that collects or preserves, or both, human embryos for creation or placement into a patient.
- Separate licensure requirement (amendment to 20-9-213): Any medical facility performing in vitro fertilization (IVF) in the state must obtain a separate fertility clinic license in addition to any other institutional license.
- Fee schedule (amendment to 20-9-214): Adds “fertility clinic” to the list of facility types subject to annual licensing fees administered by DOH. (The bill inserts fertility clinics into the statutory fee schedule; the exact numeric fee in the provided text is unclear/misaligned with other entries.)
- Data reporting (20-9-1602): Requires fertility clinics to report to the Arkansas Department of Health the same non‑personally‑identifiable data they currently submit to the U.S. Department of Health and Human Services under the federal Fertility Clinic Success Rate and Certification Act of 1992. DOH may set reporting deadlines to coincide with federal submissions.
- Enforcement/penalty: A fertility clinic that fails to comply with the reporting requirement is subject to a $50,000 fine by DOH.
- Annual reporting and legislative notice (20-9-1603): Within 12 months of receiving data, DOH must compile a comprehensive report posted on its website and thereafter report annually to the Senate and House public health committees. The report must include a list of licensed fertility clinics in the state and a summary of the non‑PII data reported.
- Rulemaking (20-9-1604): DOH is authorized to promulgate rules to implement the subchapter.
Who would be affected
- Fertility clinics and any medical facilities performing IVF in Arkansas (new licensing, reporting, and fee obligations).
- Department of Health (administration of licenses, rulemaking, data collection, reporting, enforcement).
- Patients and the public (increased availability of clinic-level information and outcomes).
- Potential fiscal impact on clinics (licensing fees, administrative compliance costs) and on DOH (administrative costs to collect/compile/report data).
Procedural/timeline notes
- The bill was introduced and went through committee hearings and substitutions; it was reported favorably as substituted in committee but ultimately died in the House at sine die adjournment (May 5, 2025).
- Companion legislation (SB 2426) is noted but no outcome provided here.
Potential impacts and considerations
- Transparency: Produces public, clinic-level summaries modeled on federal reporting, potentially aiding patient choice.
- Compliance burden: Clinics must obtain a new license and submit periodic reports; DOH will need rulemaking and administrative capacity.
- Privacy: The bill limits reporting to non‑personally‑identifiable data; maintaining that standard will be important for patient privacy.
- Enforcement: A hefty civil fine ($50,000) for failing to report creates a strong compliance incentive.
If you want, I can:
- Extract and present the bill’s proposed statutory text side‑by‑side with current law, or
- Draft a short analysis of expected fiscal impacts on clinics and DOH based on comparable licensing programs.
Compiled from official sources — confirm details with the bill’s official record.
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