Section One: Definitions

• Human Embryo—The term “human embryo” means a distinct and living organism of the species homo sapiens conceived either in the human body or produced in an artificial environment other than the human body, from the moment of fertilization (including the single-celled stage) until natural death, including such embryos that are in a state of cryopreservation or are otherwise unused.
• Transfer—The term “transfer” means the process by which a medical professional places a fresh or frozen embryo within the uterus, fallopian tubes, or other part of a patient’s body for the purpose of initiating a pregnancy.
• Human Embryo Implantation—The term “human embryo implantation” means a human embryo has successfully attached itself to a patient’s uterine wall lining which marks the beginning of pregnancy.
• Assisted Reproductive Technology—The term “assisted reproductive technology” means any treatments or procedures that involve the handling of a human egg, sperm, and embryo outside of the body with the intent of facilitating a pregnancy, including artificial insemination, intrauterine insemination, in vitro fertilization, gamete intrafallopian fertilization, zygote intrafallopian fertilization, egg, embryo, and sperm cryopreservation, and egg, sperm, or embryo donation.
• Fertility Clinic—The term “fertility clinic” means a medical facility that is licensed, registered, or certified in accordance with the standards put forward by Federal or State laws or regulations and is responsible for the collection and preservation of human reproductive material (including egg, sperm, or embryos) responsible for the creation of human embryos, and/or the placement of human reproductive material (including egg, sperm, or embryo) into the prospective patient.
• Health Care Professional—The term “health care professional” means an individual licensed, registered, or certified under Federal or State laws or regulations to provide health care services.
• Human Reproductive Material—The term “human reproductive material” means all or any part of a sperm, ovum, or embryo at any stage of development.
• Prospective Patient—The term “prospective patient” means the patient who will undergo assisted reproductive technology treatments, including the transfer of human embryos for the purpose of initiating pregnancy.
• Infertility—The term “infertility” means a symptom of an underlying disease or condition within a person’s body that makes it difficult or impossible to successfully conceive and carry a child to term, which is diagnosed after 12 months of intercourse without the use of a chemical, barrier, or other contraceptive method for women under 35 or after 6 months of targeted intercourse without the use of a chemical, barrier, or other contraceptive method for women 35 and older, where conception should otherwise be possible.
• Cycle—The term “cycle” means a single procedure of in vitro fertilization, zygote intrafallopian transfer, gamete intrafallopian transfer, or egg retrieval. A complete cycle may only refer to egg retrieval if no eggs are fertilized and implanted into the patient or it may mean the complete process from egg retrieval to the transfer of human reproductive material.
• Egg Donor—The term “egg donor” means a person unrelated by marriage to the recipient who provides or agrees to provide ovum for the purpose of human reproduction, regardless of if the recipient has a diagnosis of infertility.
• Sperm Donor—The term “sperm donor” means a person unrelated by marriage to the prospective parent(s) who provides or agrees to provide sperm for the purpose of human reproduction, regardless of if the prospective parent(s) has a diagnosis of infertility.
• Embryo Cryopreservation—The term “embryo cryopreservation” means that human embryos are frozen in an undisturbed environment for the purpose of saving these embryos for future procreative use.
• Informed Consent—The Term “informed consent” means written and verbal consent obtained from the prospective parent(s) by the fertility clinic, medical association, medical professional, gamete bank, gamete agency, or gamete donation clinic who handles human egg, sperm, or embryo.
• State Board—The term “state board” means the Arkansas Department of Human Services.

Section Two: Prohibition Section

Overview

This law should be adopted and enacted by the [Department], either within the existing [Act] or within another statute that ensures the best enforcement and data collection mechanisms for this law.

Section Three: Egg Donation Informed Consent Requirements

• For the purposes of the duty of care owed by a physician, an egg provider is a patient of the physician who harvests the eggs from the egg provider.
• A physician shall not harvest eggs except in a hospital, clinic or other medical facility that meets the licensing standards for the facility prescribed by this title.
• Before performing any medical procedure or prescribing any hormones or other drugs for an egg provider, a physician must provide the egg provider with the following information:
  • A description of all hormones and other drugs to be taken by the egg provider, including the dosage, frequency of administration, intended biochemical function and likely physiological response to each medication.
  • A description of all procedures to be performed on the egg provider, including the purpose, duration and estimated recovery time for each procedure.
  • Medically accurate disclosures concerning all potential risks of egg donation that a reasonable patient would consider material to the decision of whether to undergo the procedure, including the medical risks associated with the surgical procedure and the drugs, medications and hormones prescribed for ovarian stimulation during the process.
  • A description of the effects that the surgical procedure and the drugs, medications and hormones may have on future attempts of the egg provider to become pregnant.
  • A list of additional sources of information on health and safety issues surrounding egg donation.
  • Notice that the egg provider cannot be completely informed of all potential risks or effects because the process and risks related to egg harvesting are highly unstudied and unknown compared to other medical procedures and treatments.
  • The physician must obtain written and oral informed consent for the procedure from the egg provider before performing any medical procedure or prescribing any hormones or other drugs for the egg provider.

Section Four: Severability Clause

If any provision of this Act, or the application of such provision to any person, entity, government, or circumstance, is held to be unconstitutional, the remainder of this Act, or the application of such provision to all other persons, entities, governments, or circumstances, shall not be affected thereby.