HB4463 95TH GENERAL ASSEMBLY

LRB095 16972 KBJ 43018 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB4463

Introduced , by Rep. David Reis

SYNOPSIS AS INTRODUCED:

410 ILCS 110/1
410 ILCS 110/5
410 ILCS 110/15
410 ILCS 110/20
410 ILCS 110/35
410 ILCS 110/40
410 ILCS 110/45

Amends the Stem Cell Research and Human Cloning Prohibition Act. Changes the short title to the Adult Stem Cell Research and Human Cloning Prohibition Act. Makes changes to the stated policy in the Act. Changes the stated purposes of the Institute grant program. Changes the definition of "clone or attempt to clone a human being" to mean human asexual reproduction, accomplished by introducing the genetic material from one or more human somatic cells into a fertilized or unfertilized oocyte whose nuclear material has been removed or inactivated, so as to produce an organism, at any stage of development with a human or predominately human genetic constitution, a process commonly known as somatic cell nuclear transfer. Provides that no person may conduct research involving the derivation and use of human embryos, human embryonic stem cells, or human embryonic germ cells. Makes other changes. Effective January 1, 2009.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning health.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Stem Cell Research and Human Cloning Prohibition Act is amended by changing Sections 1, 5, 15, 20, 35, 40, and 45 as follows:

(410 ILCS 110/1)

Sec. 1. Short title. This Act may be cited as the Adult Stem Cell Research and Human Cloning Prohibition Act.

(Source: P.A. 95-519, eff. 1-1-08.)

(410 ILCS 110/5)

Sec. 5. Policy permitting research. The policy of the State of Illinois shall be as follows:

(1) Research involving the derivation and use of human embryonic stem cells, human embryonic germ cells, and human adult stem cells from any source, including cord blood and the reprogramming of adult stem cells somatic cell nuclear transplantation, shall be permitted and the ethical and medical implications of this research shall be given full consideration.

(2) Research involving the derivation and use of human embryonic stem cells, human embryonic germ cells, and human adult stem cells, including somatic cell nuclear transplantation, shall be allowed to receive public funds through a program established specifically for the purpose of supporting stem cell research in Illinois under the Department of Public Health.

(3) Adult stem Stem cell research is considered valuable to the health and well-being of all and the unhindered distribution of research materials to all qualified investigators engaged in non-commercial research shall be encouraged within the confines of the law.

(Source: P.A. 95-519, eff. 1-1-08.)

(410 ILCS 110/15)

Sec. 15. Department grant program.

(a) The Department of Public Health shall develop and administer the Illinois Regenerative Medicine Institute Program within the Department to provide for the awarding of grants to Illinois medical research institutions.

(b) The purposes of the Institute grant program are:

(1) to improve the health of the citizens of Illinois through adult stem cell research;

(2) to support scientific research in Illinois for which funding from the U.S. government is currently restricted, namely human embryonic stem cell research;

(2) (3) to improve the national competitive position of Illinois in the field of regenerative medicine; and

(3) (4) to promote the translation of stem cell research into clinical practice and the transfer of technology to biomedical and technological industry.

(c) The Department shall adopt rules for the implementation of the Institute grant program, including but not limited to:

(1) rules for the solicitation of proposals for grants;

(2) rules concerning the eligibility of nonprofit Illinois medical research institutions to receive awards under the Institute grant program;

(3) rules for the conduct of competitive and scientific peer review of all proposals submitted under the Institute grant program;

(4) rules for the procurement of materials for the conduct of stem cell research, including rules ensuring that persons are empowered to make voluntary and informed decisions to participate or to refuse to participate in such research, and ensuring confidentiality of such decisions; and

(5) rules concerning the monitoring of funded research to ensure the researcher is following current best practices with respect to medical ethics, including informed consent of patients and the protection of human subjects.

(Source: P.A. 95-519, eff. 1-1-08.)

(410 ILCS 110/20)

Sec. 20. Illinois Regenerative Medicine Institute Oversight Committee.

(a) The Illinois Regenerative Medicine Institute Oversight Committee shall be established to determine the awards under the Institute grant program. The Committee shall be composed of 7 members appointed by the Governor, with the advice and consent of the Senate.

(b) The Committee shall consist of individuals from:

(1) professional medical organizations;

(2) voluntary health organizations; and

(3) for-profit biomedical or biotechnology industry.

(c) The Committee shall at all times include at least one member from each of the 3 categories listed in subsection (b) of this Section.

(d) No member of the Committee shall be employed by an Illinois medical research institution eligible to receive awards under the Institute grant program.

(e) Upon appointment, the Governor shall designate 3 members to serve a 2-year term and 4 members to serve a 4-year term. The Committee shall designate a Chairperson, Vice-Chairperson, and Secretary. Any vacancy occurring in the membership of the Committee shall be filled in the same manner as the original appointment.

(f) No member of the Committee may receive compensation for his or her services, but each member may be reimbursed for expenses incurred in the performance of his or her duties.

(g) The duties and responsibilities of the Committee shall include, but not be limited to:

(1) determination of awards under the Institute grant program, based on recommendations developed under the competitive and scientific peer review process provided for in subdivision (c) (3) of Section 15 of this Act;

(2) review of the Department's solicitation and scientific peer review processes to ensure that the statutory purposes of the Institute grant program are met;

(3) development, in cooperation with Department staff, general guidelines for the conduct of funded research according to current best practices with respect to medical ethics, in consultation with national and international experts such as the International Society for Stem Cell Research, the California Institute for Regenerative Medicine, the Institute of Medicine, and similar organizations; and

(4) advice on the future conduct of the Institute grant program.

(h) All Institute information concerning medical research shall be confidential and privileged and not subject to disclosure to any person other than Institute personnel.

(Source: P.A. 95-519, eff. 1-1-08.)

(410 ILCS 110/35)

Sec. 35. Disclosure of proposed Institute funding recipients.

(a) Each Institute request to the Committee for approval of proposed stem cell research funding must be accompanied by a written disclosure that identifies the proposed funding recipient and any executives, officers, directors, trustees, fiduciaries, owners, parent company, subsidiaries, affiliates, and institutional or organizational host of the proposed funding recipient.

(b) A proposed Institute adult stem cell research funding request shall not be approved by the Committee unless and until the Committee receives the disclosure.

(c) Disclosures provided to the Committee are public records.

(Source: P.A. 95-519, eff. 1-1-08.)

(410 ILCS 110/40)

Sec. 40. Cloning prohibited.

(a) No person may clone or attempt to clone a human being. For purposes of this Section, "clone or attempt to clone a human being" means human asexual reproduction, accomplished by introducing the genetic material from one or more human somatic cells into a fertilized or unfertilized oocyte whose nuclear material has been removed or inactivated, so as to produce an organism, at any stage of development with a human or predominately human genetic constitution, a process commonly known as somatic cell nuclear transfer to transfer to a uterus or attempt to transfer to a uterus anything other than the product of fertilization of an egg of a human female by a sperm of a human male for the purpose of initiating a pregnancy that could result in the creation of a human fetus or the birth of a human being.

(b) (Blank). A person who violates this Section is guilty of a Class 1 felony.

(c) No person may conduct research involving the derivation and use of human embryos, human embryonic stem cells, or human embryonic germ cells.

(d) A person who violates this Section is guilty of a Class 1 felony.

(Source: P.A. 95-519, eff. 1-1-08.)

(410 ILCS 110/45)

Sec. 45. Purchase or sale prohibited.

(a) A person may not knowingly, for valuable consideration, purchase or sell embryonic or cadaveric fetal tissue for research purposes.

(b) (Blank). For the purpose of this Section, the giving or receiving of reasonable payment for the removal, processing, disposal, preservation, quality control, storage, transplantation, or implantation of the tissue does not constitute purchase or sale. This Section does not prohibit reimbursement for removal, storage, or transportation of embryonic or cadaveric fetal tissue for research purposes pursuant to this Act.

(c) A person who knowingly purchases or sells embryonic or cadaveric fetal tissue for research purposes in violation of subsection (a) of this Section is guilty of a Class A misdemeanor for the first conviction and a Class 4 felony for subsequent convictions.

(Source: P.A. 95-519, eff. 1-1-08.)

Section 99. Effective date. This Act takes effect January 1, 2009.