Protect assisted reproduction care

As Introduced

136th
General Assembly

Regular
Session
H. B. No. 237

2025-2026

Representatives Somani, Piccolantonio

Cosponsors: Representatives Upchurch,
Brennan, Brownlee, Russo, McNally

A
BILL

To
enact sections 2305.2312, 3732.01, 3732.02, 3732.03, 3732.04,
3732.05, 3732.06, 3732.08, 3732.09, 3732.11
,
3732.13, and 3732.14

of the Revised Code
to
protect assisted reproduction care.

BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section
1.
That
sections 2305.2312, 3732.01, 3732.02, 3732.03, 3732.04, 3732.05,
3732.06, 3732.08, 3732.09, 3732.11
,
3732.13, and 3732.14

of the Revised Code be enacted to read as follows:

Sec.
2305.2312.
(A)
As used in this section:

(1)
"Assisted reproduction," "donor," and "human
reproductive material" have the same meanings as in section
2907.13 of the Revised Code;

(2)
"Assisted reproduction care" means all medical, surgical,
counseling, or referral services that are lawful in Ohio or the
receipt of products relating to assisted reproduction that is lawful
in Ohio, including services, procedures, or medicines relating to
assisted reproduction and the provision of human reproductive
material by a donor.

(3)
"Assisted reproduction care helper" means a person who
facilitates or otherwise has supported or is supporting an individual
in seeking or receiving assisted reproduction care in Ohio, including
a person who provides funding, lodging, transportation, doula
services, information, data sharing services such as electronic
medical records programs, or other financial or practical support to
an individual seeking or receiving assisted reproduction care.

(4)
"Health care provider" has the same meaning as in section
2305.2311 of the Revised Code.

(B)
Except as provided in sections 2907.13, 2907.14, 4731.861, and
4731.864 of the Revised Code, a health care provider providing
assisted reproduction care, a health care facility where assisted
reproduction care is provided, an individual seeking or accessing
assisted reproduction care, including a donor, or an assisted
reproduction care helper is not liable for or subject to damages in a
civil action, prosecution in a criminal proceeding, or professional
disciplinary action for any of the following:

(1)
A claim of injury to or death of any human reproductive material as
an unborn human individual;

(2)
Providing, accessing, or utilizing assisted reproduction care.

(C)(1)
This section does not apply if the act or omission associated with
providing assisted reproduction care constitutes negligence, willful
or wanton misconduct, or reckless disregard for loss to person or
property or the consequences so as to affect the life or health of
the patient.

(2)
Nothing in this section shall be construed to permit a wrongful death
action related to a loss of human reproductive material.

Sec.
3732.01.
As
used in sections 3732.01 to 3732.14 of the Revised Code:

(A)
"Assisted reproduction," "donor," and "human
reproductive material" have the same meanings as in section
2907.13 of the Revised Code.

(B)
"Collect" means for a regulated entity to obtain personal
assisted reproduction or donor information in any manner.

(C)
"Commerce" has the same meaning as in the "Federal
Trade Commission Act," 15 U.S.C. 44.

(D)
"Disclose" means for a regulated entity to release,
transfer, sell, provide access to, license, or divulge personal
assisted reproduction or donor information in any manner to a third
party, including the federal government, the state, any political
subdivision, or a law enforcement agency.

(E)(1)
"Express consent" means informed, opt-in, voluntary,
specific, and unambiguous written consent, including by electronic
means, to collecting, retaining, using, or disclosing personal
assisted reproduction or donor information.

(2)
"Express consent" does not include any of the following:

(a)
Consent secured without first providing to the individual a clear and
conspicuous disclosure, apart from any privacy policy, terms of
service, terms of use, general release, user agreement, or other
similar document, of all information material to the provision of
consent;

(b)
Hovering over, muting, pausing, or closing a given piece of content;

(c)
Agreement obtained through the use of a user interface designed or
manipulated with the substantial effect of subverting or impairing
user autonomy, decision-making, or choice.

(F)
"Personal information" means information that identifies,
relates to, describes, is reasonably capable of being associated
with, or could reasonably be linked, directly or indirectly to, a
particular individual.

(G)
"Personal assisted reproduction or donor information" means
personal information relating to the past, present, or future use of
assisted reproduction by an individual or the past, present, or
future provision of human reproductive material by a donor, including
any of the following:

(1)
Efforts to research or obtain assisted reproduction-related or
donor-related information, services, or supplies, including location
information that might indicate an attempt to acquire or receive such
information, services, or supplies;

(2)
The provision of human reproductive material by a donor or the use of
human reproductive material for assisted reproduction;

(3)
Fertility-related conditions, status, diseases, or diagnoses,
including pregnancy, menstruation, ovulation, the use of assisted
reproduction procedures, and the ability to conceive a pregnancy,
regardless of whether such individual is sexually active, and whether
such individual is engaging in unprotected sex;

(4)
Fertility-related or assisted reproduction-related surgeries or
procedures;

(5)
Use or purchase of any medication related to fertility, including
medicine for assisted reproduction;

(6)
Bodily functions, vital signs, measurements, or symptoms related to
menstruation or pregnancy, such as basal temperature, cramps, bodily
discharge, or hormone levels;

(7)
Any information about diagnoses or diagnostic testing, treatment,
medications, or the use of any product or service relating to the
matters described in divisions (G)(1) to (6) of this section;

(8)
Any information described in divisions (G)(1) to (7) of this section
that is derived or extrapolated from non-health information,
including proxy, derivative, inferred, emergent, or algorithmic data.

(H)(1)
"Regulated entity" means any entity, to the extent the
entity is engaged in activities in or affecting commerce, that is
either:

(a)
A person, partnership, or corporation subject to the jurisdiction of
the federal trade commission under section 5(a)(2) of the "Federal
Trade Commission Act," 15 U.S.C. 45(a)(2);

(b)
Notwithstanding section 4, 5(a)(2), or 6 of the "Federal Trade
Commission Act," 15 U.S.C. 44; 45(a)(2); 46, or any
jurisdictional limitation of the commission, either of the following:

(i)
A common carrier subject to the "Communications Act of 1934,"47
U.S.C. 151 et seq.;

(ii)
An organization not organized to carry on business for its own profit
or that of its members.

(2)
"Regulated entity" does not include any of the following:

(a)
An entity that is a covered entity, as defined in 45 C.F.R. 160.103,
to the extent the entity is acting as a covered entity under the
HIPAA privacy regulations, as defined in section 1180(b)(3) of the
"Social Security Act," 42 U.S.C. 1320d–9(b)(3);

(b)
An entity that is a business associate, as defined in 45 C.F.R.
160.103, to the extent the entity is acting as a business associate
under the HIPAA privacy regulations, as defined in section 1180(b)(3)
of the "Social Security Act," 42 U.S.C. 1320d–9(b)(3);

(c)
An entity that is subject to restrictions on disclosure of records
under section 543 of the "Public Health Service Act," 42
U.S.C. 290dd–2, to the extent the entity is acting in a capacity
subject to the restrictions.

(I)(1)
"Service provider" means a person to whom both of the
following apply:

(a)
Collects, retains, uses, or discloses personal assisted reproduction
or donor information for the sole purpose of, and only to the extent
that the person is, conducting business activities on behalf of, for
the benefit of, under instruction of, and under contractual agreement
with a regulated entity and not any other individual or entity;

(b)
Does not divulge personal assisted reproduction or donor information
to any individual or entity other than such regulated entity or a
contractor to such service provider bound to information processing
terms not less restrictive than terms to which the service provider
is bound.

(2)
A person shall only be considered a service provider in the course of
activities described in division (I)(1)(a) of this section.

(J)
"Third party" means any person who is not any of the
following:

(1)
The regulated entity that is disclosing or collecting personal
assisted reproduction or donor information;

(2)
The individual to whom the personal assisted reproduction or donor
information relates;

(3)
A service provider.

Sec.
3732.02.
(A)
A regulated entity shall not collect, retain, use, or disclose
personal assisted reproduction or donor information, except under
either of the following circumstances:

(1)
With the express consent of the individual to whom such information
relates;

(2)
As is strictly necessary to provide a product or service that the
individual to whom the information relates has requested from the
regulated entity.

(B)
A regulated entity shall restrict access to personal assisted
reproduction or donor information to the employees or service
providers of the regulated entity for which access is necessary to
provide a product or service that the individual to whom the
information relates has requested from the regulated entity.

(C)
For purposes of compliance with this section by a service provider of
a regulated entity, a request from an individual to the regulated
entity for a product or service, and an express consent from the
individual to the regulated entity, shall be treated as having also
been provided to the service provider.

Sec.
3732.03.
(A)(1)
A regulated entity shall make available a reasonable mechanism by
which an individual, upon a verified request, may access both of the
following:

(a)
Any personal assisted reproduction or donor information relating to
the individual that is retained by the regulated entity, including
both of the following:

(i)
In the case of the information that the regulated entity collected
from third parties, how and from which specific third parties the
regulated entity collected the information;

(ii)
The information that the regulated entity inferred about the
individual.

(b)
A list of the specific third parties to which the regulated entity
has disclosed any personal assisted reproduction or donor information
relating to such individual.

(2)
A regulated entity shall make the information described in division
(A)(1) of this section available in both a human-readable format and
a structured, interoperable, and machine-readable format.

(B)(1)
A regulated entity shall make available a reasonable mechanism by
which an individual, upon a verified request, may request the
deletion of any personal assisted reproduction or donor information
relating to the individual that is retained by the regulated entity,
including any information that the regulated entity collected from a
third party or inferred from other information retained by the
regulated entity.

(2)
A regulated entity shall comply with a verified request received
under this section without undue delay but not later than fifteen
days after the date on which such regulated entity receives the
verified request.

(3)
A regulated entity shall not charge a fee to an individual for a
request made under this section.

(C)
Nothing in this section shall be construed to require a regulated
entity to do any of the following:

(1)
Take an action that would convert information that is not personal
information into personal information;

(2)
Collect or retain personal information that the regulated entity
would otherwise not collect or retain;

(3)
Retain personal information longer than the regulated entity would
otherwise retain the information.

(D)
For purposes of this section, "reasonable mechanism" means,
with respect to a regulated entity and a right under division (B) of
this section, a mechanism to which both of the following apply:

(1)
It is equivalent in availability and ease of use to that of other
mechanisms for communicating or interacting with the regulated
entity.

(2)
It includes an online means of exercising the right described under
division (B) of this section.

Sec.
3732.04.
(A)
A regulated entity shall maintain a privacy policy relating to the
practices of the regulated entity regarding the collecting,
retaining, using, and disclosing of personal assisted reproduction or
donor information.

(B)
If a regulated entity has a web site, it shall prominently publish
the privacy policy on the web site.

(C)
The privacy policy shall be clear and conspicuous and shall include
all of the following:

(1)
A description of the practices of the regulated entity regarding the
collecting, retaining, using, and disclosing of personal assisted
reproduction and donor information;

(2)
A clear and concise statement of the categories of the information
collected, retained, used, or disclosed by the regulated entity;

(3)
A clear and concise statement of the purposes of the regulated entity
for the collecting, retaining, using, or disclosing of the
information;

(4)
A list of the specific third parties to which the regulated entity
discloses the information, and a clear and concise statement of the
purposes for which the regulated entity discloses the information,
including how the information may be used by each such third party;

(5)
A list of the specific third parties from which the regulated entity
has collected the information, and a clear and concise statement of
the purposes for which the regulated entity collects the information;

(6)
A clear and concise statement describing the extent to which
individuals may exercise control over the collecting, retaining,
using, and disclosing of personal assisted reproduction or donor
information by the regulated entity, and the steps an individual must
take to implement such controls;

(7)
A clear and concise statement describing the efforts of the regulated
entity to protect personal assisted reproduction or donor information
from unauthorized disclosure.

Sec.
3732.05.
(A)
Any individual alleging a violation of sections 3732.02 to 3732.04 of
the Revised Code may bring a civil action in any court of competent
jurisdiction.

(B)
In a civil action brought under this section in which the plaintiff
prevails, the court may award the following:

(1)
An amount not less than one hundred dollars and not greater than one
thousand dollars per violation per day, or actual damages, whichever
is greater;

(2)
Punitive damages;

(3)
Reasonable attorneys' fees and litigation costs;

(4)
Any other relief, including equitable or declaratory relief, that the
court determines appropriate.

(C)
A violation of sections 3732.02 to 3732.04 of the Revised Code
constitutes a concrete and particularized injury in fact to the
individual to whom such information relates.

(D)(1)
Notwithstanding any other provision of law, no pre-dispute
arbitration agreement or pre-dispute joint-action waiver is valid or
enforceable with respect to a dispute arising under sections 3732.02
to 3732.04 of the Revised Code.

(2)
Any determination as to whether or how division (D) of this section
applies to any dispute shall be made by a court, rather than an
arbitrator, without regard to whether the agreement purports to
delegate the determination to an arbitrator.

(E)
For purposes of this section:

(1)
"Pre-dispute arbitration agreement" means any agreement to
arbitrate a dispute that has not arisen at the time of the making of
the agreement.

(2)
"Pre-dispute joint-action waiver" means an agreement that
would prohibit a party from participating in a joint, class, or
collective action in a judicial, arbitral, administrative, or other
forum, concerning a dispute that has not yet arisen at the time of
the making of the agreement.

Sec.
3732.06.
(A)
A violation of sections 3732.02 to 3732.04 of the Revised Code is an
unfair or deceptive act or practice in violation of section 1345.02
of the Revised Code. A person injured by a violation of those
sections has a cause of action and is entitled to the same relief
available to a consumer under section 1345.09 of the Revised Code.

(B)
The attorney general shall enforce sections 3732.02 to 3732.04 of the
Revised Code in the same manner, by the same means, and with the same
jurisdiction, powers, and duties as applicable for violations of
sections 1345.01 to 1345.13 of the Revised Code. Any regulated entity
that violates those sections is subject to the provisions, including
penalties, of Chapter 1345. of the Revised Code.

(C)
The attorney general may adopt rules as necessary to implement and
enforce sections 3732.02 to 3732.04 of the Revised Code. Any rules
shall be adopted in accordance with Chapter 119. of the Revised Code.

Sec.
3732.08.
(A)
As used in sections 3732.08 to 3732.14 of the Revised Code, "assisted
reproduction health care provider" means any entity or
individual, including any physician, nurse practitioner, physician
assistant, or pharmacist, who is engaged or seeks to engage in
assisted reproduction care, such as through the provision of
evidence-based information, counseling, or items and services related
to fertility treatment.

(B)
No political subdivision of this state, or official or employee of
this state, shall prohibit or unreasonably limit, for reasons other
than to enforce health and safety regulations, any of the following:

(1)
Any individual from doing any of the following:

(a)
Accessing assisted reproduction;

(b)
Continuing or completing an ongoing assisted reproduction treatment
or procedure pursuant to a written plan or agreement with an assisted
reproduction health care provider;

(c)
Using or controlling the use of the individual's human reproductive
material.

(2)
Any assisted reproduction health care provider from doing either of
the following:

(a)
Performing assisted reproduction treatments or procedures;

(b)
Providing evidence-based information related to assisted
reproduction.

(3)
Any insurance provider from covering assisted reproduction treatments
or procedures.

(C)
Nothing in this section shall be construed as preempting any written
agreement or contract regarding an individual's human reproductive
material.

Sec.
3732.09.
(A)
All of the following may bring a civil action against any political
subdivision of this state, or any official or employee of this state,
for the violation of, or the enactment, implementation, or
enforcement of a limitation or requirement that violates, section
3732.08 of the Revised Code:

(1)
The attorney general;

(2)
Any individual or entity adversely affected by the violation;

(3)
An assisted reproduction health care provider on the provider's own
behalf, on behalf of the provider's staff, and on behalf of the
provider's patients who are or may be adversely affected by the
violation.

(B)
The court may award appropriate equitable relief, including
temporary, preliminary, or permanent injunctive relief.

(C)(1)
The court shall award costs of litigation and reasonable attorney's
fees to any prevailing plaintiff.

(2)
A plaintiff is not liable to a defendant for costs or attorney's fees
in any non-frivolous action filed under this section.

(D)
Notwithstanding any other provision of law, no political subdivision
of this state, or official or employee of this state, is immune from
an action brought under this section in a court of competent
jurisdiction.

(E)
Nothing in section 3732.08 of the Revised Code or this section shall
be construed to do either of the following:

(1)
Prohibit the enforcement of health and safety regulations that apply
to assisted reproduction health care providers or health care
facilities that provide assisted reproduction care, if the
regulations do both of the following:

(a)
Advance the safety of health care services or the health of patients;

(b)
Cannot be advanced by a less restrictive alternative measure or
action.

(2)
Modify, supersede, or otherwise affect any law regarding insurance
coverage of assisted reproduction.

Sec.
3732.11.
(A)
No assisted reproduction health care provider or health care facility
that provides assisted reproduction care shall be required or
compelled to provide patient records to any out-of-state third party,
including the federal government, another state, any political
subdivision, or a law enforcement agency.

(B)
For purposes of this section, "health care facility" has
the same meaning as in section 2925.11 of the Revised Code.

Sec.
3732.13.
For
the purposes of the Revised Code and notwithstanding any other
provision of law, no human reproductive material that exists outside
of a human uterus shall be considered an unborn human individual, an
unborn child, a fetus, a natural person, or any other term that
connotes or designates personhood.

Sec.
3732.14.
(A)
Assisted reproduction health care shall be performed or provided only
if the assisted reproduction health care provider has obtained the
informed consent of each patient. The health care provider shall
provide written copies to each patient of the provider's and health
care facility's assisted reproduction-related policies and services
applicable to the patient.

(B)
Each patient shall sign a form acknowledging that the patient has
received the information and consents to the policies and applicable
services described in division (A) of this section.