
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC263a-1]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
                SUBCHAPTER II--GENERAL POWERS AND DUTIES
 
   Part F--Licensing of Biological Products and Clinical Laboratories
 
                    subpart 2--clinical laboratories
 
Sec. 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--
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    \1\ See References in Text note below.
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        (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, Sec. 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, Sec. 312, Oct. 27, 1992, 
106 Stat. 3504.


                             Effective Date

    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.
