July 27, 2011, Introduced by Reps. Agema, Poleski, Shirkey, Price, Heise, Callton, McMillin, Kowall, Kurtz, Haveman, Hooker, MacGregor, Damrow, O'Brien, Horn, Jenkins, Gilbert, Hughes, Johnson, LaFontaine, Muxlow, Goike, Somerville and Cotter and referred to the Committee on Health Policy.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 16274 (MCL 333.16274), as added by 1998 PA 108.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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 somatic cell
nuclear
transfer technology to produce a human embryo.the asexual
creation or attempted creation of a human being at any stage of
development who is substantially identical genetically to another
human being at any stage of development, whether living or
deceased, by any technological means.
(b)
"Human embryo" means a human egg cell with a full genetic
composition
capable of differentiating and maturing into a complete
human
being."Substantially
identical genetically" means either of
the following:
(i) Sharing identical nuclear genetic composition that may or
may not include identical genetic composition of mitochondrial DNA
or other cellular structures necessary to or associated with the
expression of genetic function or traits.
(ii) Sharing a genetic composition where an inert or
inconsequential portion of genetic composition has been
intentionally altered for the purpose of circumventing the
prohibitions of this section.
(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.
(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.