§263a–1 — Title 42 The Public Health and Welfare | U.S. Code

§263a–1 Assisted reproductive technology programs

Title 42 › Chapter CHAPTER 6A— - PUBLIC HEALTH SERVICE › Subchapter SUBCHAPTER II— - GENERAL POWERS AND DUTIES › Part Part F— - Licensing of Biological Products and Clinical Laboratories › Subpart subpart 2— - clinical laboratories › § 263a–1

Last updated Apr 6, 2026|Official source

Summary

Starting 2 years after October 24, 1992, each assisted reproductive technology program must send an annual report to the Secretary through the Centers for Disease Control. The report must give the program’s pregnancy success rates for each assisted reproductive technology it uses, and name every embryo laboratory it used and say whether that lab is certified or has applied for certification. The Secretary must work with the groups named in the law and other expert consumer and professional organizations to define how to count pregnancy success rates. The Secretary must publish a proposed definition for public comment. The definition must consider age, diagnosis, and other important factors, and must include at least the basic live birth rate per ovarian stimulation procedure and the live birth rate per successful egg retrieval.

Title 42, §263a–1

The Public Health and Welfare — Source: USLM XML via OLRC

(a)Effective 2 years after October 24, 1992, each assisted reproductive technology (as defined in section 263a–7 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 263a–7 1 of this title) used by such program and whether the laboratory is certified under section 263a–2 of this title or has applied for such certification.

(b)(1)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)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)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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 263a–7 of this title, referred to in subsec. (a), was in the original “section 7” meaning section 7 of Pub. L. 102–493, 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. 102–531, title III, § 312, Oct. 27, 1992, 106 Stat. 3504.

Effective Date

Pub. L. 102–493, § 9, Oct. 24, 1992, 106 Stat. 3152, provided that: “This Act [enacting this section, sections 263a–2 to 263a–7 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].”