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).




     Sec. 2685. (1) 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


the research , 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.