US Code

Public Law 119-102 (07/12/2026)

42 U.S.C. § 263a–1

Assisted reproductive technology programs

Section text and notes

(a)

In general

1
1 See References in Text note below.
Effective 2 years after , each assisted reproductive technology (as defined in section 263a–7  of this title) program shall annually report to the Secretary through the Centers for Disease Control—
(1)
pregnancy success rates achieved by such program through each assisted reproductive technology, and
(2)
1section 263a–2 of this title the identity of each embryo laboratory (as defined in section 263a–7  of this title) used by such program and whether the laboratory is certified under or has applied for such certification.
(b)

Pregnancy success rates

(1)

In general

For purposes of subsection (a)(1), the Secretary shall, in consultation with the organizations referenced in subsection (c), define pregnancy success rates and shall make public any proposed definition in such manner as to facilitate comment from any person (including any Federal or other public agency) during its development.

(2)

Definition

In developing the definition of pregnancy success rates, the Secretary shall take into account the effect on success rates of age, diagnosis, and other significant factors and shall include in such rates—
(A)
the basic live birth rate calculated for each assisted reproductive technology performed by an assisted reproductive technology program by dividing the number of pregnancies which result in live births by the number of ovarian stimulation procedures attempted by such program, and
(B)
the live birth rate per successful oocyte retrieval procedure calculated for each assisted reproductive technology performed by an assisted reproductive technology program by dividing the number of pregnancies which result in live births by the number of successful oocyte retrieval procedures performed by such program.
(c)

Consultation

In developing the definition under subsection (b), the Secretary shall consult with appropriate consumer and professional organizations with expertise in using, providing, and evaluating professional services and embryo laboratories associated with assisted reproductive technologies.

Pub. L. 102–493, § 2106 Stat. 3146 (, , .)

Editorial Notes

References in Text

Section 263a–7 of this titlesection 7 of Pub. L. 102–493, referred to in subsec. (a), was in the original “section 7” meaning , which was translated as reading section 8 to reflect the probable intent of Congress, because definitions are contained in section 8 instead of section 7.

Codification

Section was enacted as part of the Fertility Clinic Success Rate and Certification Act of 1992, and not as part of the Public Health Service Act which comprises this chapter.

Statutory Notes and Related Subsidiaries

Change of Name

Pub. L. 102–531, title III, § 312106 Stat. 3504 Centers for Disease Control changed to Centers for Disease Control and Prevention by , , .

Effective Date

Pub. L. 102–493, § 9106 Stat. 3152

section 201 of this title“This Act [enacting this section, sections 263a–2 to 263a–7 of this title, and provisions set out as a note under ] shall take effect upon the expiration of 2 years after the date of the enactment of this Act [].”
, , , provided that: