HF 1734

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to health; establishing state policy for stem
cell research; providing criminal penalties; proposing
coding for new law in Minnesota Statutes, chapters
137; 145.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [137.45] STEM CELL RESEARCH.
new text end

new text begin The University of Minnesota may spend state-appropriated
funds on stem cell research.
new text end

Sec. 2.

new text begin [145.426] LEGISLATIVE FINDINGS.
new text end

new text begin The legislature finds and declares all of the following:
new text end

new text begin (a) An estimated 128,000,000 Americans suffer from the
crippling economic and psychological burden of chronic,
degenerative, and acute diseases, including diabetes,
Parkinson's disease, cancer, and Alzheimer's disease.
new text end

new text begin (b) The costs of treatment and lost productivity of
chronic, degenerative, and acute diseases in the United States
constitute hundreds of billions of dollars every year.
Estimates of the economic costs of these diseases do not account
for the extreme human loss and suffering associated with these
conditions.
new text end

new text begin (c) Stem cell research offers immense promise for
developing new medical therapies for these debilitating diseases
and a critical means to explore fundamental questions of biology.
Stem cell research could lead to unprecedented treatments and
potential cures for diabetes, Alzheimer's disease, cancer, and
other diseases.
new text end

new text begin (d) The United States and Minnesota have historically been
a haven for open scientific inquiry and technological innovation
and this environment, coupled with the commitment of public and
private resources, has made the United States the preeminent
world leader in biomedicine and biotechnology.
new text end

new text begin (e) The biomedical industry is a critical and growing
component of Minnesota's economy and would be significantly
diminished by limitations imposed on stem cell research.
new text end

new text begin (f) Open scientific inquiry and publicly funded research
will be essential to realizing the promise of stem cell research
and to maintain Minnesota's leadership in biomedicine and
biotechnology. Publicly funded stem cell research, conducted
under established standards of open scientific exchange, peer
review, and public oversight, offers the most efficient and
responsible means of fulfilling the promise of stem cells to
provide regenerative medical therapies.
new text end

new text begin (g) Stem cell research, including the use of embryonic stem
cells for medical research, raises significant ethical and
policy concerns and, while not unique, the ethical and policy
concerns associated with stem cell research must be carefully
considered.
new text end

new text begin (h) Public policy on stem cell research must balance
ethical and medical considerations. The policy must be based on
an understanding of the science associated with stem cell
research and grounded in a thorough consideration of the ethical
concerns regarding this research. Public policy on stem cell
research must be carefully crafted to ensure that researchers
have the tools necessary to fulfill the promise of stem cell
research.
new text end

Sec. 3.

new text begin [145.427] STATE POLICY FOR STEM CELL RESEARCH.
new text end

new text begin Subdivision 1. new text end

new text begin Research use permitted. new text end

new text begin The policy of the
state of Minnesota is that research involving the derivation and
use of human embryonic stem cells, human embryonic germ cells,
and human adult stem cells from any source, including somatic
cell nuclear transplantation, shall be permitted and that full
consideration of the ethical and medical implications of this
research be given. Research involving the derivation and use of
human embryonic stem cells, human embryonic germ cells, and
human adult stem cells, including somatic cell nuclear
transplantation, shall be reviewed by an approved institutional
review board.
new text end

new text begin Subd. 2. new text end

new text begin Informed consent. new text end

new text begin A physician, surgeon, or
other health care provider who is treating a patient for
infertility shall provide the patient with timely, relevant, and
appropriate information sufficient to allow the patient to make
an informed and voluntary choice regarding the disposition of
any human embryos remaining following the fertility treatment.
Any patient to whom information is provided under this
subdivision shall be presented with the options of storing any
unused embryos, donating the embryos to another individual,
discarding the embryos, or donating the remaining embryos for
research. Any patient who elects to donate embryos remaining
after fertility treatments for research shall provide written
consent to that donation.
new text end

new text begin Subd. 3. new text end

new text begin Prohibiting sale of fetal tissue. new text end

new text begin (a) A person
may not knowingly, for valuable consideration, purchase, sell,
or otherwise transfer or obtain, or promote the sale or transfer
of, embryonic or cadaveric fetal tissue for research purposes.
However, embryonic or cadaveric fetal tissue may be donated for
research purposes under this section. For purposes of this
subdivision, "valuable consideration" means financial gain or
advantage, but does not include reasonable payment for the
removal, processing, disposal, preservation, quality control,
storage, transplantation, or implantation of embryonic or
cadaveric fetal tissue.
new text end

new text begin (b) Violation of this subdivision is a gross misdemeanor.
new text end

Sec. 4. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 3 are effective August 1, 2005.
new text end