AN ACT relating to fertility treatment.

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AN ACT relating to fertility treatment. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 216 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) As used in this section: 5
(a) "Fertility treatment" includes: 6
1. Preservation of human oocytes, sperm, or embryos for later 7
reproductive use; 8
2. Artificial insemination; 9
3. Assisted reproductive technology, including in vitro fertilization and 10
other treatments or procedures in which reproductive genetic material 11
is handled; 12
4. Genetic testing of embryos; 13
5. Medications prescribed or obtained over -the-counter, as indicated for 14
fertility; and 15
6. Gamete donation; 16
(b) "Health care provider" means a health care facility or individual that is: 17
1. Engaged or seeking to engage in the delivery of fertility treatment, 18
including through the provision of eviden ce-based information, 19
counseling, referrals, or items and services that relate to, aid in, or 20
provide fertility treatment; and 21
2. Licensed by the Kentucky Board of Medical Licensure under KRS 22
Chapter 311 or the Kentucky Board of Nursing under KRS Chapter 23
314; and 24
(c) "Widely accepted and evidence -based medical standards of care" means 25
any medical services, procedures, or practices that are in accordance with 26
the guidelines of the American Society for Reproductive Medicine. 27
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(2) Every individual has a fundamental right to: 1
(a) Receive fertility treatment from a health care provider in accordance with 2
widely accepted and evidence-based medical standards of care; 3
(b) Continue or complete an ongoing fertility treatment previously initiated by a 4
health care provider in accordance with widely accepted and evidence-based 5
medical standards of care; 6
(c) Make decisions and arrangements regarding the donation, testing, use, 7
storage, and disposition of reproductive genetic material; and 8
(d) Establish contractual agreements with a health care provider relating to the 9
health care provider's services in handling, testing, storing, shipping, and 10
disposing of the individual's reproductive genetic material in accordance 11
with widely accepted and evidence-based medical standards of care. 12
(3) The Commonwealth and its political subdivisions shall not: 13
(a) Deny, burden, or infringe upon the rights of an individual under this 14
section unless justified by a compelling state interest achieved by the least 15
restrictive means; or 16
(b) Discriminate in the protection or enforcement of the rights under this 17
section on the basis of sex, disability, race, ethnicity, gender identity, age, 18
marital status, national origin, immigration status, religion, or sexual 19
orientation. 20
(4) A state or local official who is alleged to have violated this section shall be subject 21
to an action in federal or state court for injunctive relief and damages. The action 22
may be brought by any person or entity that may be aggrieved by the official's 23
actions. 24
(5) The enforceme nt of state laws or administrative regulations regarding medical 25
facilities or health care providers shall not constitute a violation of this section if: 26
(a) The state laws or administrative regulations are in accordance with widely 27
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accepted and evidence -based medical standards of care for providing 1
fertility treatment; and 2
(b) The safety or health objective of the law or administrative regulation cannot 3
be advanced by a different means that does not prohibit, limit, interfere 4
with, or impede the rights under this section. 5