HF 2814

as introduced - 90th Legislature (2017 - 2018) Posted on 03/12/2018 04:20pm

A bill for an act
relating to health; prohibiting use of aborted fetal tissue for research; establishing
criminal penalties; amending Minnesota Statutes 2016, section 145.422, by adding
a subdivision; Minnesota Statutes 2017 Supplement, section 137.47, subdivisions
1, 2, 3.

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

Section 1.

Minnesota Statutes 2017 Supplement, section 137.47, subdivision 1, is amended
to read:

Subdivision 1.

Definitions.

(a) For purposes of this section, the terms in this subdivision
have the meanings given them.

(b) "Aborted fetal tissue" means fetal tissue that is available as a result of an elective
abortion.

(c) "Fetal tissue" means any body part, organ, or cell of an unborn human child. Fetal
tissue does not include tissue or cells obtained from a placenta, umbilical cord, or amniotic
fluid.

(d) "Institutional Review Board" or "IRB" means the University of Minnesota's
Institutional Review Board, the primary unit responsible for oversight of human subjects
research protections.

(e) "Fetal Tissue Research Committee" or "FTR" means an oversight committee at the
University of Minnesota with the responsibility to oversee, review, and approve or deny
research using new text begin non-aborted new text end fetal tissue.

(f) "Non-aborted fetal tissue" means fetal tissue that is available as a result of a
miscarriage or stillbirth, or fetal tissue from a living unborn child.

(g) "Research" means systematic investigation, including development, testing, and
evaluation, designed to develop or contribute to generalizable knowledge. Research does
not include a procedure or test administered to a particular patient by a physician for medical
purposes.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018.
new text end

Sec. 2.

Minnesota Statutes 2017 Supplement, section 137.47, subdivision 2, is amended
to read:

Subd. 2.

Approval by the Fetal Tissue Research Committee.

(a) A researcher at the
University of Minnesota must obtain approval from the FTR before conducting research
using new text begin non-aborted new text end fetal tissue. The FTR must consider whether alternatives to new text begin non-aborted
new text end fetal tissue would be sufficient for the research. deleted text begin If the proposed research involves aborted
fetal tissue, the researcher must provide a written narrative justifying the use of aborted
fetal tissue and discussing whether alternatives to aborted fetal tissue, including non-aborted
fetal tissue, can be used deleted text end new text begin The use of aborted fetal tissue for research is prohibited under
section 145.422, subdivision 4 new text end .

(b) The FTR must submit its decision to the IRB. The IRB is requested to review the
conclusions of the FTR to ensure that all alternatives have been considered.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018.
new text end

Sec. 3.

Minnesota Statutes 2017 Supplement, section 137.47, subdivision 3, is amended
to read:

Subd. 3.

Legislative report.

(a) No later than January 15 of each year, the Board of
Regents must submit a report to the chairs and ranking minority members of the legislative
committees with jurisdiction over higher education policy and finance and health and human
services policy and finance. The report must describe:

(1) all fetal tissue research proposals submitted to the FTR or IRB, including any written
narrative required under subdivision 2;

deleted text begin (2) whether the research proposal involved aborted fetal tissue;
deleted text end

deleted text begin (3) deleted text end new text begin (2) new text end action by the FTR or IRB on all fetal tissue research proposals, including whether
the proposal was approved by the FTR or IRB; new text begin and
new text end

deleted text begin (4) deleted text end new text begin (3) new text end a list of all new or ongoing fetal tissue research projects at the university,
including:

(i) the date that the project was approved by the FTR or IRB;

(ii) the source of funding for the project;

(iii) the goal or purpose of the project;

deleted text begin (iv) whether the fetal tissue used is aborted fetal tissue or non-aborted fetal tissue;
deleted text end

deleted text begin (v) deleted text end new text begin (iv) new text end the source of the fetal tissue used;

deleted text begin (vi) deleted text end new text begin (v) new text end references to any publicly available information about the project, such as
National Institutes of Health grant award information; and

deleted text begin (vii) deleted text end new text begin (vi) new text end references to any publications resulting from the project.

(b) The report must not include a researcher's name, other identifying information,
contact information, or the location of a laboratory or office.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018.
new text end

Sec. 4.

Minnesota Statutes 2016, section 145.422, is amended by adding a subdivision to
read:

new text begin Subd. 4. new text end

new text begin Prohibition; use of aborted fetal tissue for research. new text end

new text begin (a) The definitions in
this paragraph apply to this subdivision:
new text end

new text begin (1) "aborted fetal tissue" means fetal tissue that is available as a result of an abortion;
new text end

new text begin (2) "abortion" means the use or prescription of any instrument, medicine, drug, or other
substance or device with the intent to terminate a clinically diagnosable pregnancy for
reasons other than to increase the probability of a live birth, preserve the life or health of
the unborn child, terminate an ectopic pregnancy, or remove a deceased unborn child who
did not die as a result of an intentional, knowing, or reckless action to terminate a pregnancy;
new text end

new text begin (3) "fetal tissue" means one or more cells, tissues, organs, or other parts obtained from
an unborn child;
new text end

new text begin (4) "research" means a systematic investigation, including development, testing, and
evaluation, designed to develop or contribute to generalizable knowledge; and
new text end

new text begin (5) "unborn child" means an individual living member of the species Homo sapiens from
fertilization until birth.
new text end

new text begin (b) A person shall not knowingly acquire, provide, receive, or use aborted fetal tissue
for research.
new text end

new text begin (c) This subdivision does not prohibit:
new text end

new text begin (1) an autopsy or other examination to determine the cause of a miscarriage or stillbirth
of an unborn child; or
new text end

new text begin (2) using fetal tissue from an unborn child to conduct diagnostic or remedial tests,
procedures, or observations that have the sole purpose of diagnosing a disease or medical
condition in the mother of the unborn child that threatens the mother's life, so long as all
medical precautions are taken to preserve the life of both the unborn child and the mother.
new text end

new text begin (d) A person who violates this subdivision is guilty of a gross misdemeanor.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018, and applies to crimes
committed on or after that date.
new text end