Policy Update from the ASRM Office of Public Affairs: SART Membership Now Mandatory in Tennessee

Policy Update from the ASRM Office of Public Affairs: SART Membership Now Mandatory in Tennessee

In April 2024, the abrupt closure of the Center for Reproductive Health in Nashville left patients without clear answers regarding the status of their reproductive material. As threats emerged that the state might assert guardianship over that tissue, ASRM's Office of Public Affairs recognized the potential for a detrimental legislative response and jumped into action.

With funding approved by the ASRM Board of Directors, we hired a Tennessee-based contract lobbyist with deep ties to state legislators and key stakeholder groups, including the Tennessee Medical Society and ACOG.

At the start of the 2025 legislative session, two personhood bills were introduced, defining life and "unborn child" as beginning at fertilization. Alongside them, an amended bill sought to impose significant new restrictions on ART clinics and practitioners, including requiring mandatory certification through the state Board of Health. Most concerning, the bill would have directed the Department of Health, in collaboration with the Attorney General, to develop a model contractual agreement for practitioners and patients seeking ART services, incorporating the following provisions:

• A prohibition on genetic testing for embryo selection
• A restriction limiting the number of embryos fertilized to no more than four times the number of children a prospective parent intended to have
• Requirements governing the custodial care of unused or abandoned embryos

There is no doubt that this bill would have had a devastating impact on patient care. Fortunately, with the aid of testimony from ASRM members practicing in Tennessee, the bill failed to pass in 2025.

In anticipation of the bill's reintroduction in 2026, our office worked closely with the Tennessee Medical Society to develop alternative legislation, which we offered to the bill's sponsor and key legislative leaders as a constructive path forward.

Our approach was deliberate: rather than imposing new regulations on clinics and providers, our bill clarified existing regulatory and oversight frameworks and required compliance with SART guidelines. We were guided by an established model in California, where SART members are exempt from regulations pertaining to advertising to prospective egg donors. Furthermore, we drew on precedent at the federal level using CLIAA as an example of the government allowing expert non-profit groups to guide the substantive part of a government regulatory program.

Once again, ASRM members' willingness to share their expertise proved vital. Tennessee clinics opened their doors to Senate leaders and explained the layers of regulations SART-certified clinics already abide by.

In May 2026, the bill passed, and on May 22, 2026, Governor Bill Lee signed it into law.

While the law still requires medical facilities performing ART procedures to obtain certification from the Tennessee Department of Health, it now requires SART membership, which it cites as the "gold standard" prerequisite for that certification.

As declared in the law, SART membership reflects a commitment to high standards in assisted reproductive technology, including clinical quality, laboratory practices, data reporting, and patient care. This new requirement will help ensure that patients seeking fertility treatment in Tennessee can access care from clinics that meet nationally recognized standards.

Though we are not proactively seeking this type of legislative requirement for clinics in other states, we consider it a viable, protective model to offer if and when legislators express a desire to regulate ART.

We are grateful to our members in Tennessee who opened their doors and shared their expertise, to our advocacy partners, and to ASRM and SART for their support.

We will share the details of the law's enrollment and regulations as the state puts them out.

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