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SB1394 - 572R - I Ver
REFERENCE TITLE:
fertility treatment; access.
State of Arizona
Senate
Fifty-seventh Legislature
Second Regular Session
2026
SB 1394
Introduced by
Senators
Sundareshan: Alston, Bravo, Diaz, Fernandez, Gabald�n, Hatathlie, Kuby,
Miranda, Ortiz, Sears
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
START_STATUTE
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.
END_STATUTE
START_STATUTE
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 respective
health profession regulatory boards
shall adopt rules
necessary to implement this section.
END_STATUTE
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.