April 19, 2007, Introduced by Reps. Meisner, Byrnes, Alma Smith, Warren, Bauer, Hammon, Donigan, Farrah, Hopgood, Gillard, Coulouris, Tobocman, Clack, Robert Jones, Vagnozzi, Kathleen Law, Hammel, Gonzales, Polidori, Bennett, Miller, Young, Leland and Cushingberry and referred to the Committee on Judiciary.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 2685 (MCL 333.2685).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
A Except as
otherwise provided under subsection
(3), 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
, that she was not planning an abortion.
(3) A person may use a live human embryo to derive stem cells
for nontherapeutic research if those embryos were from either of
the following sources:
(a) The embryos were created for the purpose of fertility
treatment, were in excess of the clinical need of the individuals
seeking the fertility treatment or not suitable for implantation,
and were donated by the in vitro fertilization clinic as long as
each of the following is satisfied:
(i) Prior to the consideration of donating the human embryos,
it was determined through consultation with the individuals seeking
fertility treatment that the remaining, unused, or unsuitable human
embryos were to be discarded or otherwise disposed of.
(ii) The individuals seeking fertility treatment donated the
human embryos with written informed consent and without receiving
any financial or other inducements to make the donation of the
human embryos for nontherapeutic research.
(b) Notwithstanding section 16274, the utilization of a
somatic cell nuclear transplantation procedure which was for the
sole purpose of creating nuclear transfer blastocysts for the
extraction of embryonic stem cells. As used in this subdivision,
"blastocyst" means an embryo that has developed to a stage where it
consists of a sphere made up of an outer layer of cells, a fluid-
filled cavity, and an inner cell mass.