Title 42, The Public Health and WelfareRelease 119-110

§263a–5 Publication

Title 42 › CHAPTER 6A — PUBLIC HEALTH SERVICE › SUBCHAPTER II — GENERAL POWERS AND DUTIES › Part F — Licensing of Biological Products and Clinical Laboratories › subpart 2 — clinical laboratories › § 263a–5

Last updated Sep 23, 2026|Official source

Summary

The Secretary, through the Centers for Disease Control, must publish and send to the states and the public within three years after October 24, 1992 and every year after: the pregnancy success rates that assisted reproductive programs report. If a program failed to report any required success rates, the Secretary must name that program and list the missing rates. Using the data reported under section 263a–1(a)(2), the Secretary must also identify each embryo laboratory and show whether it is certified under the state certification program, certified by an accreditation organization approved by the Secretary, or, if it is not certified by either, whether the lab applied for certification.

Full Legal Text

Title 42, §263a–5

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

The Secretary, through the Centers for Disease Control, shall not later than 3 years after October 24, 1992, and annually thereafter publish and distribute to the States and the public—
(1)(A)pregnancy success rates reported to the Secretary under section 263a–1(a)(1) of this title and, in the case of an assisted reproductive technology program which failed to report one or more success rates as required under such section, the name of each such program and each pregnancy success rate which the program failed to report, and
(B)from information reported under section 263a–1(a)(2) of this title—
(i)the identity of each embryo laboratory in a State which has adopted the certification program under such program and whether such laboratory is certified under section 263a–2 of this title,
(ii)the identity of each embryo laboratory in a State which has not adopted such certification program and which has been certified by an accreditation organization approved by the Secretary under section 263a–3 of this title, and
(iii)in the case of an embryo laboratory which is not certified under section 263a–2 of this title or certified by an accreditation organization approved by the Secretary under section 263a–3 of this title, whether the laboratory applied for certification.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

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

Section effective upon expiration of 2 years after Oct. 24, 1992, see section 9 of Pub. L. 102–493, set out as a note under section 263a–1 of this title.

Reference

Citations & Metadata

Citation

42 U.S.C. § 263a–5

Title 42, The Public Health and Welfare

Last Updated

Sep 23, 2026

Release point: 119-110