House Bill 2290 and Senate Bill 2461 establish a regulatory framework for assisted reproductive technology (ART) in Tennessee, requiring individuals and fertility clinics to obtain a certificate to practice ART. The Board of Medical Examiners and the Board of Osteopathic Examination will set the certification requirements. The legislation defines "assisted reproductive technology" in line with federal law and outlines the responsibilities of certified assisted reproductive technologists, including compliance with specific consent forms and restrictions on genetic testing of embryos, which is only permitted in cases of chromosomal abnormalities or fatal fetal anomalies.

The bills also mandate that fertility clinics obtain certification from the Department of Health, which will conduct annual inspections to ensure compliance with established standards. Clinics must verify their membership in the Society for Assisted Reproductive Technology (SART) or a similar organization, submit an emergency plan for embryo transfer in case of permanent closure, and provide proof of passing the latest laboratory inspection. The clinical director of each clinic must meet specific qualifications, including being licensed and board certified in obstetrics and gynecology. The legislation emphasizes adherence to evidence-based best practices in genetic testing services and authorizes the Department of Health to implement these regulations, which will take effect upon becoming law for rule-making purposes, while other provisions will take effect on January 1, 2027.