REFERENCE TITLE: reproductive technology




State of Arizona


Fifty-first Legislature

First Regular Session




SB 1376


Introduced by

Senators Barto, Burges: Biggs, Griffin, Melvin, Murphy, Ward, Yarbrough, Yee





amending section 36-2311, Arizona revised statutes; amending title 36, chapter 23, article 2, Arizona Revised Statutes, by adding section 36-2314; relating to human embryos.




Be it enacted by the Legislature of the State of Arizona:

Section 1.  Section 36-2311, Arizona Revised Statutes, is amended to read:

START_STATUTE36-2311.  Definitions

In this article, unless the context otherwise requires:

1.  "Assisted reproductive technology" means any procedure, treatment or medical or scientific intervention provided for the purpose of formation of a human embryo with the intent to produce a live birth.

1.  2.  "Destructive human embryonic stem cell research" means any research that involves the disaggregation of any human embryo for the purpose of creating human pluripotent stem cells or human pluripotent stem cell lines.

2.  3.  "Human-animal hybrid" means any of the following:

(a)  A human embryo into which a nonhuman cell or cells, or any component part of a nonhuman cell or cells, have been introduced.

(b)  A hybrid human-animal embryo produced by fertilizing a human egg with a nonhuman sperm.

(c)  A hybrid human-animal embryo produced by fertilizing a nonhuman egg with human sperm.

(d)  An embryo produced by introducing a nonhuman nucleus into a human egg.

(e)  An embryo produced by introducing a human nucleus into a nonhuman egg.

(f)  An embryo containing at least haploid sets of chromosomes from both a human and a nonhuman life form.

(g)  A nonhuman life form engineered so that human gametes develop within the body of a nonhuman life form.

(h)  A nonhuman life form engineered so that it contains a human brain or a brain derived wholly or predominantly from human neural tissues.

3.  4.  "Human embryo" means a living organism of the species homo sapiens through the first fifty-six days of its development, excluding any time during which its development has been suspended.

4.  5.  "In vitro" means outside the human body.

5.  6.  "Purchase or sell" includes an exchange of cash, an in-kind payment or any other valuable financial or nonfinancial consideration.  Purchase or sell does not include payment of costs related to donation of a human embryo for the purpose of implantation in the body of a woman. END_STATUTE

Sec. 2.  Title 36, chapter 23, article 2, Arizona Revised Statutes, is amended by adding section 36-2314, to read:

START_STATUTE36-2314.  Assisted reproductive technology facilities; reporting requirements; unprofessional conduct; violations; classification

A.  All assisted reproductive technology facilities must confidentially collect and maintain the following information pertaining to the particular facility and confidentially submit a report, on a form and in a manner prescribed by the department of health services, not later than February 1 following the year the procedures were performed:

1.  The total number of live births achieved.

2.  The rate of live births per transfer.

3.  The percentage of live births per completed cycle of egg retrieval.

4.  The percentage of transferred embryos that implant.

5.  Information regarding the safekeeping of embryos, including the total number of each of the following:

(a)  Embryos formed.

(b)  Embryos transferred.

(c)  Embryos preserved.

(d)  Embryos deemed not viable for transfer or preservation and destroyed.

(e)  Embryos deemed not viable for transfer or preservation and used for training.

(f)  Embryos deemed not viable for transfer or preservation and used for research.

(g)  Preserved embryos destroyed.

(h)  Preserved embryos used for research.

(i)  Preserved embryos donated to any person for research.

(j)  Preserved embryos donated to another individual for transfer.

6.  The percentage of pregnancies resulting in multifetal pregnancies, broken down by number of fetuses.

7.  The percentage of live births having multiple infants.

8.  The number of selective reductions performed, broken down by the number of embryos transferred before the reduction.

9.  The percentage of selective reductions that resulted in a miscarriage.

10.  The percentage of premature births per single and multiple births.

11.  The percentage of birth defects per single and multiple births.

B.  A report filed pursuant to this section must be filed electronically at a website that is designated by the department, unless the person required to file the report applies for a waiver from electronic reporting by submitting a written request to the department.

C.  A report required by this article shall not contain the name of the patient, common identifiers, such as the patient's social security number, driver license number or insurance carrier identification numbers, or any other information or identifiers that would make it possible to identify in any manner or under any circumstances an individual who has undergone assisted reproductive technology.

D.  The department of health services shall collect all assisted reproductive technology reports and prepare a comprehensive annual statistical report based on the data gathered in the reports.  The statistical report shall not lead to the disclosure of the identity of any person about whom a report is filed.  The department shall make the statistical report available on its website and for public inspection and copying.

E.  A person who is required by this article to file a report, keep any records or supply any information and who wilfully fails to file that report, keep records or supply information as required by law is guilty of unprofessional conduct and is subject to disciplinary action, including license suspension or revocation.

F.  A person who wilfully delivers or discloses to the department any report, record or information known by that person to be false commits a class 1 misdemeanor.

G.  In addition to the penalties prescribed by subsections E and F of this section, an organization or facility that wilfully violates the reporting requirements of this article is subject to discipline by the department including civil penalties as prescribed in section 36-431.01. END_STATUTE