Bill Text: MI HB5131 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Health; research; stem cell research; allow, establish procedures for research and donations, prohibit mixing of human and animal embryos, establish requirements for conducting research, and require certain reports. Amends secs. 2685, 2690, 2691 & 2692 of 1978 PA 368 (MCL 333.2685 et seq.) & adds secs. 2693 & 2696.

Spectrum: Moderate Partisan Bill (Republican 35-10)

Status: (Introduced - Dead) 2009-06-24 - Printed Bill Filed 06/24/2009 [HB5131 Detail]

Download: Michigan-2009-HB5131-Introduced.html

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HOUSE BILL No. 5131

 

June 23, 2009, Introduced by Reps. LeBlanc, Meltzer, Meekhof, Mayes, Kowall, Hansen, Terry Brown, Sheltrown, Spade, Lahti, McDowell, Opsommer, Espinoza, Green, Horn, Crawford, Rogers, Elsenheimer, Tyler, DeShazor, Kurtz, Pearce, Agema, Marleau, Neumann, Dean, Proos, Pavlov, Haveman, Hildenbrand, Calley, Ball, Lund, Stamas, Lori, Walsh, Moss, Bolger, Booher, Caul, McMillin, Paul Scott, Rick Jones, Genetski and Amash and referred to the Committee on Judiciary.

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

by amending sections 2685, 2690, 2691, and 2692 (MCL 333.2685,

 

333.2690, 333.2691, and 333.2692) and by adding sections 2693 and

 

2696.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2685. (1) A Except as otherwise provided in subsection

 

(3) and subject to section 2693, a person shall not use a live

 

human embryo, fetus, or neonate for nontherapeutic research if, in

 

the best judgment of the person conducting the research, based upon

 

the available knowledge or information at the approximate time of

 

the research, the research substantially jeopardizes the life or

 

health of the embryo, fetus, or neonate. Nontherapeutic research

 

shall not in any case be performed on an embryo or fetus known by

 

the person conducting the research to be the subject of a planned

 

abortion being performed for any purpose other than to protect the

 

life of the mother.

 

     (2) For purposes of subsection (1) the embryo or fetus shall

 

be conclusively presumed not to be the subject of a planned

 

abortion if the mother signed a written statement at the time of

 

the research, that she was not planning an abortion.

 

     (3) Pursuant to section 27 of article I of the state

 

constitution of 1963, a person shall not conduct research that

 

substantially jeopardizes the life or health of a human embryo

 

unless all of the following requirements are met:

 

     (a) The research is permissible under federal law and

 

conducted pursuant to the requirements of federal law.

 

     (b) The human embryo was created for fertility treatment

 

purposes.

 

     (c) The human embryo was in excess of the clinical need of or

 

was not suitable for implantation in the individual seeking the

 

fertility treatment and would otherwise be discarded.

 

     (d) The human embryo was donated for research with the

 

voluntary and written informed consent by the individual seeking

 

the fertility treatment.

 

     (e) The human embryo has not been allowed to develop more than

 

14 days after cell division begins, not including any time during

 

which the embryo was frozen.

 

     (f) The research involves only the extraction or utilization

 

of embryonic stem cells from the human embryo.

 

     (4) A person who conducts research allowed under subsection

 

(3) shall annually file a report as required under section 2696.

 

     Sec. 2690. (1) A person shall not knowingly sell, transfer,

 

distribute, or give away donate an embryo, fetus, or neonate for a

 

use which that is in violation of sections 2685 to 2689.

 

     (2) A person shall not, for valuable consideration, purchase

 

or sell a human embryo for stem cell research or stem cell

 

therapies and cures as allowed under section 27 of article I of the

 

state constitution of 1963, or for any other purpose.

 

     Sec. 2691. A person who violates sections 2685 to 2690 or

 

section 2693 is guilty of a felony , punishable by imprisonment for

 

not more than 5 years.

 

     Sec. 2692. As used in sections 2685 to 2691, "nontherapeutic

 

2696:

 

     (a) "Created for fertility treatment purposes" means created

 

for implantation and gestation in a woman's uterus by either of the

 

following:

 

     (i) In vitro fertilization.

 

     (ii) The intentional division of a human embryo created by in

 

vitro fertilization.

 

     (b) "Health facility or agency" means that term as defined in

 

section 20106.

 

     (c) "Human embryo" means an organism consisting entirely of

 

biological components of the species homo sapiens capable of

 

differentiation and maturation, regardless of the means of

 

creation, including, but not limited to, fertilization and somatic

 

cell nuclear transfer, beginning from the single cell stage through

 

the seventh week of development.

 

     (d) "Nontherapeutic research" means scientific or laboratory

 

research, or other kind of experimentation or investigation not

 

designed to improve the health of the research subject.

 

     (e) "Not suitable for implantation" means the human embryo

 

exhibits physiological characteristics that, in the best judgment

 

of the attending physician, make successful implantation and

 

gestation of the human embryo less than 50% likely.

 

     (f) "Physician" means a physician licensed under part 170 or

 

part 175, or an individual performing an act, task, or function

 

under the delegatory authority of that physician.

 

     (g) "Valuable consideration" means the payment or provision of

 

anything of value, including, but not limited to, cash, gifts,

 

reduced fees for services rendered, medical treatment, or payment

 

for expenses or accommodations.

 

     Sec. 2693. (1) A person shall not create or attempt to create

 

a human embryo for the purpose of conducting nontherapeutic

 

research upon that embryo.

 

     (2) A person shall not create or attempt to create a human-

 

animal chimeric embryo consisting of biological components from the

 

species homo sapiens and 1 or more other species where the embryo

 

is capable of differentiating and maturing in a manner

 

substantially similar to the embryonic maturation process of either

 

a human embryo or of an embryo of any of the other species

 

constituting the chimeric embryo.

 

     Sec. 2696. (1) A person who conducts research using live human

 

embryos as permitted under section 2685 shall annually submit a

 

report as described in subsection (2) on forms prescribed and

 

provided by the department and at the time and in the manner

 

prescribed by the department.

 

     (2) A person who conducts research using live human embryos

 

shall collect and report only the following information to the

 

department as required under subsection (1):

 

     (a) Name of the company, corporation, academic institution, or

 

other person managing or overseeing the research.

 

     (b) Name and address of the physician's office or health

 

facility or agency from where embryos were donated and the number

 

of embryos acquired from each office or facility or agency.

 

     (c) Number of embryos thawed for use in research.

 

     (d) Number of embryos discarded without being utilized for

 

research.

 

     (e) Number of embryos held in storage at the beginning and

 

ending of the reporting year.

 

     (3) The department shall do all of the following:

 

     (a) Develop and make available in print and electronic format

 

a form for persons to utilize in filing the report required in

 

subsection (1).

 

     (b) Make available annually in aggregate a statistical report

 

summarizing the information submitted in each individual report

 

required by this section.

 

     (c) Destroy each report required by this section and each copy

 

of the report after retaining the report for 5 years after the date

 

the report is received.

 

     (4) A person submitting a report under subsection (1) shall

 

not include the name, common identifiers such as social security

 

number or motor vehicle operator's license number, or other

 

information or identifiers that would make it possible to identify

 

in any manner or under any circumstances an individual who has

 

obtained in vitro fertilization services and who subsequently

 

donated human embryos for research purposes. A state agency shall

 

not compare data in an electronic or other information system file

 

with data in any other electronic or other information system that

 

would result in identifying in any manner or under any

 

circumstances an individual who donated human embryos for research.

 

A person shall not maintain statistical information that may reveal

 

the identity of an individual who has donated human embryos for

 

research.

 

     (5) The reports required under this section are statistical

 

reports to be used only for medical and health purposes and shall

 

not be incorporated into the permanent official records of the

 

system of vital statistics.

 

     (6) A person who violates this section by disclosing

 

confidential identifying information is guilty of a felony

 

punishable by imprisonment for not more than 1 year or a fine of

 

not more than $5,000.00, or both. A person who violates this

 

section by failing to file a required report is responsible for a

 

state civil infraction and may be ordered to pay a civil fine of

 

not less than $5,000.00 per violation.