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U.S. Code, Title 42, the Public Health and Welfare
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General SummaryThe U.S. Code is a consolidation and codification by subject matter of the general and permanent laws of the United States. While every effort has been made to ensure that this reproduction of the Code is accurate, those using it for legal purposes should verify their results against the printed version of the Code available through the Government Printing Office.
§ 263a–1. Assisted Reproductive Technology Programs
(a) In general
Effective 2 years after October 24, 1992, each assisted reproductive technology (as defined in section 263a–7 1 of this title) program shall annually report to the Secretary through the Centers for Disease Control—
1 See References in Text note below.
(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) Pregnancy success rates
(1) In general
For purposes of subsection (a)(1) of this section, the Secretary shall, in consultation with the organizations referenced in subsection (c) of this section, 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) of this section, 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, § 2, Oct. 24, 1992, 106 Stat. 3146.)
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.
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.
Section 9 of Pub. L. 102–493 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]."
Section Referred to in Other Sections
This section is referred to in section 263a–5, 263a–6, 263a–7 of this title.
Contents:
Chicago:
"U.S. Congress, Office of the Law Revision Counsel", "§ 263a– 1. Assisted Reproductive Technology Programs," U.S. Code, Title 42, the Public Health and Welfare in U.S. Code, Title 42, the Public Health and Welfare (Washington, D.C.: Government Printing Office, 2002), Original Sources, accessed July 8, 2025, http://www.originalsources.com/Document.aspx?DocID=L2H3V1FW9PU62BG.
MLA:
"U.S. Congress, Office of the Law Revision Counsel". "§ 263a– 1. Assisted Reproductive Technology Programs." U.S. Code, Title 42, the Public Health and Welfare, in U.S. Code, Title 42, the Public Health and Welfare, Washington, D.C., Government Printing Office, 2002, Original Sources. 8 Jul. 2025. http://www.originalsources.com/Document.aspx?DocID=L2H3V1FW9PU62BG.
Harvard:
"U.S. Congress, Office of the Law Revision Counsel", '§ 263a– 1. Assisted Reproductive Technology Programs' in U.S. Code, Title 42, the Public Health and Welfare. cited in 2002, U.S. Code, Title 42, the Public Health and Welfare, Government Printing Office, Washington, D.C.. Original Sources, retrieved 8 July 2025, from http://www.originalsources.com/Document.aspx?DocID=L2H3V1FW9PU62BG.
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