SB1394 • 2026

fertility treatment; access.

SB1394 - fertility treatment; access.

Healthcare Technology

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Priya Sundareshan, Lela Alston, Flavio Bravo, Eva Diaz, Brian Fernandez, Rosanna Gabaldón, Theresa Hatathlie, Lauren Kuby, Catherine Miranda, Analise Ortiz, Kiana Sears
Last action: 2026-01-27
Official status: Senate second read
Effective date: Not listed

Plain English Breakdown

The effective date is listed as blank in the official metadata, so the one-year exemption period cannot be calculated yet.

SB1394: Access to Fertility Treatment

This bill defines fertility treatments and establishes rights for individuals, health care providers, and insurers regarding access to these services in Arizona.

What This Bill Does

Defines 'fertility treatment' to include preserving eggs or sperm, artificial insemination, assisted reproductive technology like IVF, genetic testing of embryos, medications, gamete donation, and other related services the health department director approves.
States that individuals have a right to access fertility treatments without unreasonable limits or interference with their physical or mental health.
Allows people to continue or finish an ongoing fertility treatment plan they made in writing with a provider.
Gives providers the right to perform fertility procedures within their scope of practice and share evidence-based information.
States that health insurers have the right to cover fertility treatments.
Requires the Department of Health Services and regulatory boards to create rules for this law but exempts them from standard rulemaking steps for one year after the effective date.

Who It Names or Affects

Individuals seeking or receiving fertility treatment in Arizona
Health care providers, including physicians, nurse practitioners, physician assistants, clinics, and health support personnel offering these services
Health insurers operating in the state
The Department of Health Services and health profession regulatory boards

Terms To Know

Fertility treatment: Procedures or medications that help with reproduction, such as preserving eggs or sperm, artificial insemination, in vitro fertilization, genetic testing of embryos, and gamete donation.
Gametes: Reproductive cells like human oocytes (eggs) or sperm used for fertility treatments.
Health care provider: Any licensed institution, clinic, or professional who delivers fertility treatment services or related information and counseling.

Limits and Unknowns

The bill does not state a specific effective date.
The exact rules for implementing the law will be created later by agencies after this one-year exemption period ends.
The text defines rights to access but does not specify how much treatment must be covered or paid for.

Bill History

2026-01-27 Senate
Senate second read
2026-01-26 Senate
Senate Rules: None
2026-01-26 Senate
Senate Judiciary and Elections: None
2026-01-26 Senate
Senate first read

Official Summary Text

SB1394 - fertility treatment; access.

Current Bill Text

Read the full stored bill text

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.