Minnesota Legislature
SF 100
2nd Unofficial Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
KEY: stricken = removed, old language.
underscored = added, new language.
1.2relating to health; establishing state policy for stem cell research; providing
1.3criminal penalties;proposing coding for new law in Minnesota Statutes, chapters
1.4137; 145.
1.5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [137.45] STEM CELL RESEARCH.
1.7 The University of Minnesota may spend state-appropriated funds on stem cell
1.8research.
1.9 Sec. 2. [145.427] STATE POLICY FOR STEM CELL RESEARCH.
1.10 Subdivision 1. Research use permitted. The policy of the state of Minnesota is
1.11that research involving the derivation and use of human embryonic stem cells, human
1.12embryonic germ cells, and human adult stem cells from any source, including somatic
1.13cell nuclear transplantation, shall be permitted and that full consideration of the ethical
1.14and medical implications of this research be given. Research involving the derivation
1.15and use of human embryonic stem cells, including somatic cell nuclear transplantation,
1.16and embryos created for reproduction purposes that are in excess of clinical need and
1.17voluntarily donated for research shall be reviewed by an embryonic stem cell research
1.18oversight committee.
1.19 Subd. 2. Informed consent. A physician, surgeon, or other health care provider
1.20who is treating a patient for infertility shall provide the patient with timely, relevant, and
1.21appropriate information sufficient to allow the patient to make an informed and voluntary
1.22choice regarding the disposition of any human embryos remaining following the fertility
1.23treatment. Any patient to whom information is provided under this subdivision shall
2.1be presented with the options of storing any unused embryos, donating the embryos
2.2to another individual, discarding the embryos, or donating the remaining embryos for
2.3research. Any patient who elects to donate embryos remaining after fertility treatments
2.4for research shall provide written consent to that donation.
2.5 Subd. 3. Prohibiting sale of fetal tissue; cloning of a human being. (a) A person
2.6may not knowingly, for valuable consideration, purchase, sell, or otherwise transfer or
2.7obtain, or promote the sale or transfer of, embryonic or cadaveric fetal tissue for research
2.8purposes. However, embryonic or cadaveric fetal tissue may be donated for research
2.9purposes under this section. For purposes of this subdivision, "valuable consideration"
2.10means financial gain or advantage, but does not include reasonable payment for the
2.11removal, processing, disposal, preservation, quality control, storage, transplantation, or
2.12implantation of embryonic or cadaveric fetal tissue.
2.13 (b) Violation of paragraph (a) is a gross misdemeanor.
2.14 (c) A person who knowingly engages or assists, directly or indirectly, in the cloning
2.15of a human being is guilty of a felony.
2.16 As used in this section, "cloning of a human being" means the replication of a
2.17human individual by cultivating a cell with genetic material, other than the product of the
2.18fertilization of the egg of a human female by the sperm of a human male, through the egg,
2.19embryo, fetal, and newborn stages into a new human individual, and transferring the
2.20cloned embryo into a woman for gestation and birth.
1.3criminal penalties;proposing coding for new law in Minnesota Statutes, chapters
1.4137; 145.
1.5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [137.45] STEM CELL RESEARCH.
1.7 The University of Minnesota may spend state-appropriated funds on stem cell
1.8research.
1.9 Sec. 2. [145.427] STATE POLICY FOR STEM CELL RESEARCH.
1.10 Subdivision 1. Research use permitted. The policy of the state of Minnesota is
1.11that research involving the derivation and use of human embryonic stem cells, human
1.12embryonic germ cells, and human adult stem cells from any source, including somatic
1.13cell nuclear transplantation, shall be permitted and that full consideration of the ethical
1.14and medical implications of this research be given. Research involving the derivation
1.15and use of human embryonic stem cells, including somatic cell nuclear transplantation,
1.16and embryos created for reproduction purposes that are in excess of clinical need and
1.17voluntarily donated for research shall be reviewed by an embryonic stem cell research
1.18oversight committee.
1.19 Subd. 2. Informed consent. A physician, surgeon, or other health care provider
1.20who is treating a patient for infertility shall provide the patient with timely, relevant, and
1.21appropriate information sufficient to allow the patient to make an informed and voluntary
1.22choice regarding the disposition of any human embryos remaining following the fertility
1.23treatment. Any patient to whom information is provided under this subdivision shall
2.1be presented with the options of storing any unused embryos, donating the embryos
2.2to another individual, discarding the embryos, or donating the remaining embryos for
2.3research. Any patient who elects to donate embryos remaining after fertility treatments
2.4for research shall provide written consent to that donation.
2.5 Subd. 3. Prohibiting sale of fetal tissue; cloning of a human being. (a) A person
2.6may not knowingly, for valuable consideration, purchase, sell, or otherwise transfer or
2.7obtain, or promote the sale or transfer of, embryonic or cadaveric fetal tissue for research
2.8purposes. However, embryonic or cadaveric fetal tissue may be donated for research
2.9purposes under this section. For purposes of this subdivision, "valuable consideration"
2.10means financial gain or advantage, but does not include reasonable payment for the
2.11removal, processing, disposal, preservation, quality control, storage, transplantation, or
2.12implantation of embryonic or cadaveric fetal tissue.
2.13 (b) Violation of paragraph (a) is a gross misdemeanor.
2.14 (c) A person who knowingly engages or assists, directly or indirectly, in the cloning
2.15of a human being is guilty of a felony.
2.16 As used in this section, "cloning of a human being" means the replication of a
2.17human individual by cultivating a cell with genetic material, other than the product of the
2.18fertilization of the egg of a human female by the sperm of a human male, through the egg,
2.19embryo, fetal, and newborn stages into a new human individual, and transferring the
2.20cloned embryo into a woman for gestation and birth.