January 24, 2007, Introduced by Senator WHITMER and referred to the Committee on Health Policy.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 2685, 2687, 2688, 2692, and 16274 (MCL
333.2685, 333.2687, 333.2688, 333.2692, and 333.16274), section
16274 as added by 1998 PA 108.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
2685. (1) 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 a 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.
Sec.
2687. An embryo, A fetus , or neonate is a live embryo,
fetus
, or neonate for purposes of sections 2685 to 2691 if, in the
best medical judgment of a physician, it shows evidence of life as
determined by the same medical standards as are used in determining
evidence of life in a spontaneously aborted embryo or fetus at
approximately the same stage of gestational development.
Sec. 2688. (1) Research may not knowingly be performed upon a
dead
embryo, fetus , or neonate unless the consent of the mother
has first been obtained. Consent shall not be required in the case
of a routine pathological study.
(2) For purposes of this section, consent shall be
conclusively presumed to have been granted by a written statement,
signed by the mother that she consents to the use of her dead
embryo,
fetus , or neonate for
research.
(3) Written consent shall constitute lawful authorization for
the
transfer of the dead embryo, fetus , or neonate to medical
research facilities.
(4)
Research being performed upon a dead embryo, fetus , or
neonate shall be conducted in accordance with the same standards
applicable to research conducted pursuant to part 101.
Sec.
2692. As used in sections 2685 to 2691: , "nontherapeutic
(a) "Fetus" means the product of conception from implantation
until delivery.
(b) "Neonate" means a newborn.
(c) "Nontherapeutic research" means scientific or laboratory
research, or other kind of experimentation or investigation not
designed to improve the health of the research subject.
Sec. 16274. (1) A licensee or registrant shall not engage in
or attempt to engage in human cloning.
(2) Subsection (1) does not prohibit scientific research or
cell-based therapies not specifically prohibited by that
subsection.
(3) A licensee or registrant who violates subsection (1) is
subject to the administrative penalties prescribed in sections
16221 and 16226 and to the civil penalty prescribed in section
16275.
(4) This section does not give a person a private right of
action.
(5) As used in this section:
(a)
"Human cloning" means the use of human creating or
attempting to create a human being by using the somatic cell
nuclear
transfer technology to produce a human embryo procedure for
the purpose of, or to implant, the resulting product to initiate a
pregnancy that could result in the birth of a human being.
(b)
"Human embryo" means a human egg cell with a full genetic
composition
capable of differentiating and maturing into a complete
human
being.
(b) (c)
"Human somatic cell" means a cell of a developing or
fully developed human being that is not and will not become a sperm
or egg cell.
(c) (d)
"Human somatic cell nuclear transfer" means
transferring the nucleus of a human somatic cell into an egg cell
from which the nucleus has been removed or rendered inert.