SF 100

4th Engrossment - 85th Legislature (2007 - 2008) 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 [145.427] 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, including somatic cell nuclear transplantation,
and embryos created for reproduction purposes that are in excess of clinical need and
voluntarily donated for research shall be reviewed by an embryonic stem cell research
oversight committee.
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; cloning of a human being. 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 paragraph (a) is a gross misdemeanor.
new text end

new text begin (c) A person who knowingly engages or assists, directly or indirectly, in the cloning
of a human being is guilty of a felony.
new text end

new text begin As used in this section, "cloning of a human being" means the replication of a
human individual by cultivating a cell with genetic material, other than the product of the
fertilization of the egg of a human female by the sperm of a human male, through the egg,
embryo, fetal, and newborn stages into a new human individual, and transferring the
cloned embryo into a woman for gestation and birth.
new text end