Access to Fertility Services Bill (HC Bill 196)
A
BILL
TO
Make provision about access to NHS fertility services, including equality of
access to such services across England; to make provision about pricing of
such services; to provide for a minimum number of fertility treatments to be
available to women on the basis of their age; and for connected purposes.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
1 Duty of Secretary of State to provide for equal access to NHS fertility services
The Secretary of State shall have a duty to provide for equality of access and eligibility
in relation to National Health Service (“NHS”) fertility services for women across all
areas of England.
2
5Discharge of section 1 duty: national standards for fertility treatment
provision
(1)
In accordance with the duty in section 1 the Secretary of State shall by
regulations make provision about eligibility for fertility treatment across
England.
(2) 10Those regulations must include provision for—
(a) the eligibility of women for treatment,
(b) the types of treatment to be available, and
(c) the number of instances of those treatments to be available.
(3) In making provision under subsections (1) and (2), the Secretary of State—
(a) 15shall follow—
(i)
Clinical Guideline (CG156) “Fertility problems: assessment and
treatment”, as amended; and
(ii) Quality Standard (SQ73) “Fertility Problems”
produced by the National Institute for Health and Care Excellence,
(b)
20shall exclude the use of eligibility criteria based on non-clinical factors
relating to either partner, and
Access to Fertility Services BillPage 2
(c)
may consult with such persons and organisations as appears to the
Secretary of State to be appropriate.
(4)
If the treatments to be provided under subsection (1) are materially different to
the treatments indicated in the clinical guidance cited in subsection (3)(a), the
5Secretary of State shall publish the reasons for doing this.
3 Discharge of section 1 duty: national tariff
The Secretary of State shall by regulations bring the pricing of NHS fertility
services in England under the national tariff as set out in section 116 of the
Health and Social Care Act 2012.
4 10Regulations
(1) Any power to make regulations under sections 2 and 3—
(a) must be used with 18 months of this Act coming into force;
(b) is exercisable by statutory instrument;
(c) includes power to make different provision for different purposes;
(d)
15includes power to make supplementary, incidental, transitional
transitory and saving provision.
(2)
A statutory instrument containing regulations under this Act may not be made
unless a draft of the instrument has been laid before and approved by a
resolution of each House of Parliament.
5 20Equality of access to fertility services direction: NICE
(1)
The Secretary of State may give a direction to the National Institute for Health
and Care Excellence (NICE) if the Secretary of State considers that NICE is
discharging any of its functions in such a way as to prevent or inhibit
equitable—
(a) 25access to, or
(b)
provision of
NHS fertility services for the purposes of this Act.
(2)
A direction under subsection (1) may direct NICE to discharge such of its
functions, and in such manner and within such period or periods, as may be
30specified in the direction.
(3)
If NICE fails to comply with a direction under subsection (1), the Secretary of
State may—
(a) discharge the functions to which the direction relates, or
(b)
make arrangements for any other person to discharge them on behalf
35of the Secretary of State.
(4)
Where the Secretary of State exercises a power under subsection (1) or (3), the
Secretary of State shall publish reasons for doing so.
6 Equality of access to fertility services direction: NHS Improvement
(1)
The Secretary of State may give a direction to NHS Improvement if the
40Secretary of State considers that NHS Improvement is discharging any of its
functions in such a way as to prevent or inhibit equitable—
Access to Fertility Services BillPage 3
(a) access to; or
(b)
provision of;
NHS fertility services for the purposes of this Act.
(2)
A direction under subsection (1) may direct NHS Improvement to discharge
5such of its functions, and in such manner and within such period or periods, as
may be specified in the direction.
(3)
If NHS Improvement fails to comply with a direction under subsection (1), the
Secretary of State may—
(a) discharge the functions to which the direction relates, or
(b)
10make arrangements for any other person to discharge them on behalf
of the Secretary of State.
(4)
Where the Secretary of State exercises a power under subsection (1) or (3), the
Secretary of State shall publish reasons for doing so.
(5)
For the purposes of this section the functions of NHS Improvement include all
15the functions conferred on Monitor by the Health and Social Care Act 2012.
7 Extent, commencement and short title
(1) This Act extends to England and Wales only.
(2) This Act comes into force on the day after the day on which it is passed.
(3) This Act may be cited as the Access to Fertility Services Act 2019.