On April 22, 2024, House Bill 502 to protect assisted reproduction care was introduced in the Ohio House of Representatives. 

What are the key privacy-related provisions of the bill?

The bill defines 'express consent' as informed, opt-in, voluntary, specific, and unambiguous written consent, including by electronic means, to collecting, retaining, using, or disclosing personal assisted reproduction or donor information. The bill excludes the following from the definition of express consent:

• consent secured without first providing to the individual a clear and conspicuous disclosure, apart from any privacy policy, terms of service, terms of use, general release, user agreement, or other similar document, of all information material to the provision of consent;
• hovering over, muting, pausing, or closing a given piece of content; or
• agreement obtained through the use of a user interface designed or manipulated with the substantial effect of subverting or impairing user autonomy, decision-making, or choice.

The bill also defines 'personal information,' 'personal assisted reproduction or donor information,' 'regulated entity,' and 'service provider.'

What are the obligations of regulated entities?

The obligations of regulated entities include: 

• not collecting, retaining, using, or disclosing personal assisted reproduction or donor information, except with the express consent of the individual to whom such information relates or as is strictly necessary to provide a product or service that the individual to whom the information relates has requested from the regulated entity; and
• restrict access to personal assisted reproduction or donor information to the employees or service providers of the regulated entity for which access is necessary to provide a product or service that the individual to whom the information relates has requested from the regulated entity.

Notably, the bill also provides individuals with certain rights, including, to access information that the regulated entity inferred about the individual. The bill further lays down the process and timeframe for regulated entities to comply with an individual's verified requests. 

Enforcement

The bill provides that the following would be entitled to bring a civil action against violation of the bill: 

• the Ohio Attorney General;
• individual or entity adversely affected by the violation; or
• an assisted reproduction health care provider on its behalf, on behalf of its staff, and on behalf of its patients who are or may be adversely affected by the violation.

You can read the bill here and track its progress here.

Update: May 2, 2024

Bill referred to Committee on Public Health Policy

On April 30, 2024, the bill was referred to the House Committee on Public Health Policy. 

You can read the bill here and track its progress here.