June 18, 2009, Introduced by Senators GEORGE, KAHN, VAN WOERKOM, JANSEN, GILBERT, HARDIMAN, McMANUS, BIRKHOLZ, CASSIS, STAMAS, CROPSEY, BARCIA, OLSHOVE, GLEASON, KUIPERS, BASHAM and RICHARDVILLE and referred to the Committee on Health Policy.
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.