Decision-making framework

The innovative practice under the Human Assisted Reproductive Technology (HART) Act 2004 process diagram shows the process a clinic has to go through to determine if they can offer infertility treatments.

1. If the treatment is on the list of ‘Established Procedures’ then the clinic can offer the treatment to patients.
2. If the treatment is prohibited under the HART Act then the clinic cannot offer the treatment.
3. If ACART has issued guidelines to ECART on the practice the clinic wants to offer then ECART will consider an application from the clinic and either:
   1. approve
   2. approve with conditions
   3. defer or
   4. decline the treatment.
4. If ACART has not issued guidelines to ECART on the issue then ECART refers the application from the clinic to ACART and ACART considers the practice. Then either:
   1. ACART finds the practice should not be allowed in New Zealand, the Minister is advised and organises a moratorium (18 months maximum) through an Order in Council, ACART advises ECART of moratorium, ECART declines the application, ACART provides advice to the Minister within 18 months and either:
      1. there is an amendment to the Act to prohibit procedure
      2. ACART develops and issues guidelines
      3. the moratorium is extended or
      4. the practice becomes an established procedure or
   2. ACART finds the practice should go ahead with an ECART review, ACART develops guidelines, ACART issues guidelines to ECART, ECART considers application and either:
      1. approves
      2. approves with conditions
      3. defers or
      4. declines the application or
   3. ACART find the practice should go ahead without an ECART review, ACART advises the Minister, the Minister organises the practice to become an established procedure (through an Order in Council), ACART advises ECART that the practice is now an established procedure and ECART advises the applicant clinic.