HB 400

UNOFFICIAL COPY  26 RS BR 801
1AN ACT relating to fertility treatment.
2 Be it enacted by the General Assembly of the Commonwealth of Kentucky:
3SECTION 1. A NEW SECTION OF KRS CHAPTER 216 IS CREATED TO
4 READ AS FOLLOWS:
5 (1)    As used in this section:
6(a)    "Fertility treatment" includes:
71.        Preservation of human oocytes, sperm, or embryos for later
8reproductive use;
92.        Artificial insemination;
103.        Assisted reproductive technology, including in vitro fertilization and
11other treatments or procedures in which reproductive genetic material
12is handled;
134.        Genetic testing of embryos;
145.        Medications prescribed or obtained over-the-counter, as indicated for
15fertility; and
166.        Gamete donation;
17(b)    "Health care provider" means a health care facility or individual that is:
181.        Engaged or seeking to engage in the delivery of fertility treatment,
19including through the provision of evidence-based information,
20counseling, referrals, or items and services that relate to, aid in, or
21provide fertility treatment; and
222.        Licensed by the Kentucky Board of Medical Licensure under KRS
23Chapter 311 or the Kentucky Board of Nursing under KRS Chapter
24314; and
25(c)    "Widely accepted and evidence-based medical standards of care" means
26any medical services, procedures, or practices that are in accordance with
27the guidelines of the American Society for Reproductive Medicine.
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1 (2)    Every individual has a fundamental right to:
2(a)    Receive fertility treatment from a health care provider in accordance with
3widely accepted and evidence-based medical standards of care;
4(b)    Continue or complete an ongoing fertility treatment previously initiated by a
5health care provider in accordance with widely accepted and evidence-based
6medical standards of care;
7(c)    Make decisions and arrangements regarding the donation, testing, use,
8storage, and disposition of reproductive genetic material; and
9(d)    Establish contractual agreements with a health care provider relating to the
10health care provider's services in handling, testing, storing, shipping, and
11disposing of the individual's reproductive genetic material in accordance
12with widely accepted and evidence-based medical standards of care.
13 (3)    The Commonwealth and its political subdivisions shall not:
14(a)    Deny, burden, or infringe upon the rights of an individual under this
15section unless justified by a compelling state interest achieved by the least
16restrictive means; or
17(b)    Discriminate in the protection or enforcement of the rights under this
18section on the basis of sex, disability, race, ethnicity, gender identity, age,
19marital status, national origin, immigration status, religion, or sexual
20orientation.
21 (4)    A state or local official who is alleged to have violated this section shall be subject
22to an action in federal or state court for injunctive relief and damages. The action
23may be brought by any person or entity that may be aggrieved by the official's
24actions.
25 (5)    The enforcement of state laws or administrative regulations regarding medical
26facilities or health care providers shall not constitute a violation of this section if:
27(a)    The state laws or administrative regulations are in accordance with widely
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UNOFFICIAL COPY  26 RS BR 801
1accepted and evidence-based medical standards of care for providing
2fertility treatment; and
3(b)    The safety or health objective of the law or administrative regulation cannot
4be advanced by a different means that does not prohibit, limit, interfere
5with, or impede the rights under this section.
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