No. HB 993
Filed under Healthcare.
Informed Consent for Assisted Reproductive Technology; Revises requirements for written disposition agreements required between commissioning couple & treating physician; prohibits health care providers from performing in vitro fertilization without first obtaining informed consent from commissioning couple; requires that such informed consent be obtained each time new in vitro fertilization cycle is undertaken; specifies requirements for informed consent form; requires health care providers to enter into disposition agreement with patients; specifies requirements for such agreements; prohibits health care providers from discarding embryos for nonpayment unless certain conditions are met; requires health care providers to disclose their policies and refer patients to facilities whose policies align with patients' elections; requires health care providers to provide certain disclosures within specified timeframe, with exception; requires health care providers to provide informed consent in patient's primary language or with qualified interpreter; requires informed consent form to state whether interpreter was used; requires health care providers to offer patients opportunity to ask questions & withdraw consent without penalty at any time before embryo transfer; requires health care providers to retain certain records for specified timeframe; requires health care providers to provide patients copy of their records upon request within specified timeframe; provides for disciplinary action.
Plain English Summary
AI-GENERATEDA health care provider may not perform in vitro fertilization until each adult patient has signed a detailed informed consent form, and that consent must be renewed before every new treatment cycle.
The consent form must disclose specific risk statistics — ovarian hyperstimulation in 1 to 5 percent of cycles, ectopic pregnancy in 1.4 to 3.2 percent — plus itemized costs, success rates, and alternatives to IVF.
Embryos cannot be discarded for nonpayment unless the patient's agreement allows it, the provider sends two written notices, and 90 days pass; using embryos for research requires the patient's express authorization.
If the form discusses selective reduction, it must use required language on ending a fetus's life to reduce multiples, and any such procedure must still follow chapter 390's abortion timing limits.
AIA health care provider may not perform in vitro fertilization, including egg retrieval and embryo transfer, until the patient has signed a consent form, and that consent must be obtained again for every new cycle.
AIA disposition agreement must let patients choose continued storage or transfer to another couple, and options for research donation or discarding embryos may occur only if the patients expressly select them.
AIA provider may not discard embryos over unpaid storage or treatment fees unless the disposition agreement authorizes it, the provider sends two written notices, and a 90-day grace period has passed.
AIIf the form addresses selective reduction, it must include a specific statement describing the procedure as intentionally ending the life of one or more fetuses, and let the patient accept or decline it.
AIAny selective reduction under this section must be performed before the fetus's gestational age passes six weeks unless a chapter 390 exception applies, and chapter 390 controls if the two conflict.
AIThe form must disclose that ovarian hyperstimulation syndrome occurs in about 1 to 5 percent of cycles and that ectopic pregnancy occurs in about 1.4 to 3.2 percent of IVF pregnancies.
AIA provider must give the required disclosures at least 48 hours before the patient's first injectable medication, unless a shorter interval is medically necessary and the patient waives it in writing.
AIProviders must give the consent form in the patient's primary language or with a qualified interpreter and note whether one was used, and must keep consent records for at least seven years.