Arizona SB 1394: conference; children and youth; committee

Bill Text

SB1394 - 572R - I Ver 

 REFERENCE TITLE: fertility treatment; access.

 State of Arizona

 Senate

 Fifty-seventh Legislature

 Second Regular Session

 2026

 SB 1394

 Introduced by 

 Senators 
 Sundareshan: Alston, Bravo, Diaz, Fernandez, Gabald�n, Hatathlie, Kuby, 
 Miranda, Ortiz, Sears

AN 
ACT

Amending title 36, chapter 11, Arizona 
Revised Statutes, by adding article 2; relating to health care services.

(TEXT OF BILL BEGINS ON NEXT PAGE)

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

Section 1. Title 36, chapter 11, Arizona 
Revised Statutes, is amended by adding article 2, to read:

ARTICLE 2. FERTILITY TREATMENT

START_STATUTE36-1305. Definitions

In this article, unless the context otherwise 
requires:

1. "Department" means the 
DEPARTMENT of health services.

2. "Fertility treatment" 
means any of the following:

(a) THE Preservation of human 
oocytes, sperm or embryos for later reproductive use.

(b) Artificial insemination, 
including intravaginal insemination, intracervical insemination and 
intrauterine insemination.

(c) Assisted reproductive technology, 
including In vitro fertilization and other treatments or procedures in which 
reproductive genetic material, INCLUDING oocytes, sperm, fertilized eggs and 
embryos, IS handled when CLINICALLY appropriate.

(d) Genetic testing of embryos.

(e) Medications THAT ARE prescribed 
or 
THAT ARE obtained over the counter, as indicated 
for fertility.

(f) Gamete donation.

(g) Any other information, referrals, 
treatments, procedures, medications, laboratory testing, technologies and 
services relating to fertility as the director of the department deems 
appropriate.

3. "HEALTH care provider" 
means any health care institution, any private office or clinic of a health 
professional or any health professional who:

(a) Is engaged 
in or seeks to be engaged in the delivery of fertility treatments, including providing 
evidence-based information, counseling, referrals or items and services 
that relate to, aid in or provide fertility treatment.

(b) If required 
to be licensed, certified or otherwise authorized in this state, is licensed, 
certified or otherwise authorized.

4. "HEALTH professional" 
means a physician who is licensed pursuant to title 32, chapter 13 or 17, a 
nurse practitioner who is licensed pursuant to title 32, chapter 15, a 
physician assistant who is licensed pursuant to title 32, chapter 25 or any 
health support personnel as defined in rule by the department or the health 
professional's respective health profession regulatory board.

5. "Health profession regulatory 
board" means any board that regulates one or more health professions in 
this state. END_STATUTE

START_STATUTE36-1305.01. Access to fertility� treatment; rights; rules

A. An individual has a right without 
prohibition or unreasonable limitation, interference or detriment to the 
individual's health, including mental health, to do all of the following:

1. access fertility 
treatments.

2. Continue or complete an ongoing 
fertility treatment or procedure pursuant to a written plan or agreement with a 
health care provider.

3. retain all rights regarding the 
use or disposition of the individual's reproductive genetic materials, 
including gametes.

B. A health care provider that acts 
within the health care provider's scope of practice, if applicable, has a right 
to do both of the following:

1. Perform or assist with the 
performance of fertility treatments or procedures.

2. Provide or assist with providing 
evidence-based information related to fertility treatments.

C. A health insurer has the right to 
cover fertility treatments or procedures.

D. The department and the respective 
health profession regulatory boards shall adopt rules 
necessary to implement this section. END_STATUTE

Sec. 2. Exemption from 
rulemaking

Notwithstanding any other law, for the 
purposes of this act, the department of health services and the health 
profession regulatory boards are exempt from the rulemaking requirements of 
title 41, chapter 6, Arizona Revised Statutes, for one year after the effective 
date of this act.