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LegalText 42 U.S.C. § 263a1 Assisted reproductive technology programs us united_states_code code_section 42 THE PUBLIC HEALTH AND WELFARE 6A PUBLIC HEALTH SERVICE 263a1 42 U.S.C. § 263a1 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc42@119-100.zip /us/usc/t42/s263a1 data/legal/raw/us/code/title-42/usc42.xml 9d8d54ab7243bc056817ce9c046735891267ab3c143b9fe6a35f57997a32aa2a 644321055a08eb1f260a6a3e31ac157fa024756abf612a9fd6857e7e400cf24e 91e0a60f40152b0d3f085ecaff2dc495c41999517c2b2e8c42dfe88d67d63b25 2026-07-04 official
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42 U.S.C. § 263a1 - Assisted reproductive technology programs

Text

(a) In general Effective 2 years after October 24, 1992, each assisted reproductive technology (as defined in section 263a7 11 See References in Text note below. 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) the identity of each embryo laboratory (as defined in section 263a7 1 of this title) used by such program and whether the laboratory is certified under section 263a2 of this title 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. 102493, § 2, Oct. 24, 1992, 106 Stat. 3146.)

Notes

Editorial Notes

References in TextSection 263a7 of this title, referred to in subsec. (a), was in the original “section 7” meaning section 7 of Pub. L. 102493, 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 Centers for Disease Control changed to Centers for Disease Control and Prevention by Pub. L. 102531, title III, § 312, Oct. 27, 1992, 106 Stat. 3504.

Effective DatePub. L. 102493, § 9, Oct. 24, 1992, 106 Stat. 3152, provided that: “This Act [enacting this section, sections 263a2 to 263a7 of this title, and provisions set out as a note under section 201 of this title] shall take effect upon the expiration of 2 years after the date of the enactment of this Act [Oct. 24, 1992].”