MEDICALLY ASSISTED REPRODUCTION

Law 26,862

Comprehensive access to medically assisted reproductive medical procedures and techniques. Sanctioned: June 5, 2013 Enacted in Fact: June 25, 2013

The Senate and Chamber of Deputies of the Argentine Nation, meeting in Congress, etc., are sanctioned by law:

ARTICLE 1-Object. The purpose of this law is to ensure comprehensive access to medically assisted reproductive medical procedures and techniques.

ARTICLE 2 °-Definition. For the purposes of this law, it is understood by medically assisted reproduction to the procedures and techniques performed with medical assistance for the attainment of a pregnancy. The techniques of low and high complexity are included, including the donation of gametes and/or embryos. New procedures and techniques developed by technical-scientific advances may be included, where they are authorised by the implementing authority.

ARTICLE 3-Application Authority. The Ministry of Health of the Nation shall be the enforcement authority of this law.

ARTICLE 4 °-Registration. Create, within the scope of the Ministry of Health of the Nation, a single registry in which all health establishments entitled to perform medically assisted reproduction procedures and techniques must be registered. Medical establishments where gametes and/or embryo receiving banks operate are included.

ARTICLE 5-Requirements. Medically assisted reproductive procedures and techniques can only be performed in health facilities that are eligible for compliance with the requirements to be determined by the implementing authority.

ARTICLE 6-Functions. The Ministry of Health of the Nation, without prejudice to its functions as an enforcement authority and to carry out the object of the present, shall: (a) Arbitration the necessary measures to ensure the right to equal access for all beneficiaries to the practices normally laid down in this Regulation;

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(b) to publish the list of public and private reference centres which have been authorised, distributed throughout the national territory with a view to facilitating the access of the population to them; fertility in women and men. (d) To encourage the continuous training and training of human resources specialized in medically assisted reproductive procedures and techniques.

ARTICLE 7 °-Beneficiaries. It has the right to access medically assisted reproduction procedures and techniques, any older person who, in full compliance with the provisions of Law 26,529, on the rights of the patient in his/her relationship with the professionals and institutions of health, have made explicit their informed consent. Consent is revocable until before the embryo is implanted in the woman.

ARTICLE 8 °-Coverage. The public health sector, the social works framed in laws 23,660 and 23,661, the Social Work of the Judicial Branch of the Nation, the Directorate of Social Aid for the National Congress Staff, the prepaid medical entities and the entities that provide care to the staff of the universities, as well as all those agents who provide medical services to their members, regardless of the legal status they hold, will incorporate them as benefits and to provide their members or beneficiaries with comprehensive and interdisciplinary coverage of the approach, diagnosis, medications and supportive therapies and procedures and techniques that the World Health Organization defines as medically assisted reproduction, which include: induction of ovulation; controlled ovarian stimulation; the triggering of ovulation; assisted reproductive techniques (ART); and intrauterine insemination, intracervical or intravaginal, with gametes of the spouse, living partner or not, or of a donor, according to the criteria to be established by the implementing authority. These procedures, as well as diagnostic procedures, medicines and support therapies, are included in the Mandatory Medical Program (PMO), with the criteria and modalities of coverage established by the implementing authority, which may not be to introduce requirements or limitations involving exclusion due to sexual orientation or the civil status of the recipients. Also included in the coverage provided for in this Article are the services of the keeping of gametes or reproductive tissues, according to the best technology available and enabled for this purpose by the implementing authority, for those persons, including under eighteen (18) years of age who, even if they do not want to carry out the immediate achievement of a pregnancy, due to health problems or medical treatments or surgical interventions, may be able to see their ability to procreate in the future.

ARTICLE 9-Budget. For the purpose of ensuring compliance with the objectives of this law, the Ministry of Health shall provide each year the corresponding budgetary allocation.

ARTICLE 10. -The provisions of this law are of public order and of application throughout the territory of the Republic. The provinces and the Autonomous City of Buenos Aires are invited to sanction, for the scope of their exclusive competences, the corresponding rules.

ARTICLE 11. -This law will be regulated within the ninety (90) days of its publication.

ARTICLE 12. -Contact the national executive branch.

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GIVEN IN THE SESSION HALL OF THE ARGENTINE CONGRESS, IN BUENOS AIRES, AT THE FIVE

OF THE MONTH OF JUNE OF THE YEAR TWO THOUSAND THIRTEEN.

-REGISTERED UNDER NO 26,862-

BELOVED BOUDOU. -JULIAN A. DOMINGUEZ. -Gervasio Bozzano. -Juan H. Estrada.

Date of publication: 26/06/2013

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