State of Illinois
92nd General Assembly

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[ Introduced ][ House Amendment 001 ]


SB493 Engrossed                               LRB9206202RCcdA

 1        AN ACT in relation to cloning.

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

 4        Section 1. Short title.  This Act may  be  cited  as  the
 5    Human Cloning Act.

 6        Section  5.  Purpose.   It  is  the intent of the General
 7    Assembly to place a moratorium on the cloning  of  an  entire
 8    human  being,  human  embryo,  or  human  fetus  in  order to
 9    evaluate  the   profound   medical,   ethical,   and   social
10    implications that such a possibility raises.

11        Section 10.  Human cloning prohibited.
12        (a)  No person shall clone a human being.
13        (b)  No person shall purchase, sell, use, or transport an
14    ovum,  zygote,  embryo, or fetus for the purpose of cloning a
15    human being.
16        (c)  For purposes  of  this  Section,  "clone"  means  to
17    create  or attempt to create using human somatic cell nucleus
18    transfer technology a human being,  human  embryo,  or  human
19    fetus  by  transferring  the  nucleus  from a human cell from
20    whatever source into a human egg cell from which the  nucleus
21    has been removed for any purpose regardless of whether or not
22    the  resulting  product could result in a human embryo, human
23    fetus, or human being and regardless of whether or not it  is
24    intended  to  be  implanted  into a person and may or may not
25    result in a pregnancy and a birth  of  a  human  being.   For
26    purposes   of   this  Section,  "clone"  does  not  refer  to
27    duplicating  or  replicating  human  DNA  sequences,  organs,
28    tissues, or cells.
29        (d)  Nothing in this Act shall be construed  to  restrict
30    or prohibit biomedical research using cloning technology that
SB493 Engrossed             -2-               LRB9206202RCcdA
 1    is  not  expressly  prohibited  by  this  Act,  including the
 2    cloning of human genes, cells, and tissues.

 3        Section 15.  For violations of Section 10, the   Attorney
 4    General  may,  after  appropriate  notice and opportunity for
 5    hearing, by order, levy administrative penalties as follows:
 6        (a)  If the violator  is  a  corporation,  firm,  clinic,
 7    hospital,  laboratory,  or  research  facility,  by  a  civil
 8    penalty  of not more than $1,000,000 or the applicable amount
 9    under subsection (c), whichever is greater.
10        (b)  If the violator is an individual, by a civil penalty
11    of not more than $250,000  or  the  applicable  amount  under
12    subsection (c), whichever is greater.
13        (c)  If  any  violator  derives  pecuniary  gain  from  a
14    violation of Section 10, the violator may be assessed a civil
15    penalty of not more than an amount equal to the amount of the
16    gross gain multiplied by 2.
17        (d)  The  administrative penalties shall be paid into the
18    General Revenue Fund.

19        Section 90.  Repeal. This Act is repealed on  January  1,
20    2007.

21        Section  105.  The Department of Public Health Powers and
22    Duties Law of the Civil Administrative Code  of  Illinois  is
23    amended by adding Section 2310-330.5 as follows:

24        (20 ILCS 2310/2310-330.5 new)
25        Sec.  2310-330.5.  Revocation  of  registration  of sperm
26    banks that violate the Human  Cloning  Act.   The  Department
27    shall  revoke  the registration of a sperm bank that violates
28    the Human Cloning Act.  This Section is repealed  on  January
29    1, 2007.
SB493 Engrossed             -3-               LRB9206202RCcdA
 1        Section  110.  The  Ambulatory  Surgical Treatment Center
 2    Act is amended by adding Section 10f-5 as follows:

 3        (210 ILCS 5/10f-5 new)
 4        Sec. 10f-5.  Revocation  of  license  for  violating  the
 5    Human  Cloning Act.  The Director shall revoke the license of
 6    an ambulatory surgical treatment  center  that  violates  the
 7    Human  Cloning  Act.   This Section is repealed on January 1,
 8    2007.

 9        Section 115.  The Hospital Licensing Act  is  amended  by
10    adding Section 7.5 as follows:

11        (210 ILCS 85/7.5 new)
12        Sec.  7.5.  Revocation  of  license  for violation of the
13    Human Cloning Act.  The Director shall revoke the license  of
14    a hospital that violates the Human Cloning Act.  This Section
15    is repealed on January 1, 2007.

16        Section 120.  The Medical Practice Act of 1987 is amended
17    by changing Section 22 as follows:

18        (225 ILCS 60/22) (from Ch. 111, par. 4400-22)
19        Sec. 22.  Disciplinary action.
20        (A)  The   Department   may  revoke,  suspend,  place  on
21    probationary status, or take any other disciplinary action as
22    the Department may deem proper with regard to the license  or
23    visiting professor permit of any person issued under this Act
24    to  practice medicine, or to treat human ailments without the
25    use of drugs and without operative surgery upon  any  of  the
26    following grounds:
27             (1)  Performance  of  an  elective  abortion  in any
28        place, locale, facility, or institution other than:
29                  (a)  a  facility  licensed  pursuant   to   the
SB493 Engrossed             -4-               LRB9206202RCcdA
 1             Ambulatory Surgical Treatment Center Act;
 2                  (b)  an institution licensed under the Hospital
 3             Licensing Act; or
 4                  (c)  an ambulatory surgical treatment center or
 5             hospitalization  or  care facility maintained by the
 6             State or any agency thereof, where  such  department
 7             or  agency  has authority under law to establish and
 8             enforce  standards  for  the   ambulatory   surgical
 9             treatment    centers,   hospitalization,   or   care
10             facilities under its management and control; or
11                  (d)  ambulatory  surgical  treatment   centers,
12             hospitalization or care facilities maintained by the
13             Federal Government; or
14                  (e)  ambulatory   surgical  treatment  centers,
15             hospitalization or care facilities maintained by any
16             university or college established under the laws  of
17             this State and supported principally by public funds
18             raised by taxation.
19             (2)  Performance  of  an  abortion  procedure  in  a
20        wilful  and wanton manner on a woman who was not pregnant
21        at the time the abortion procedure was performed.
22             (3)  The conviction of a felony in this or any other
23        jurisdiction, except as otherwise provided in  subsection
24        B  of  this  Section,  whether or not related to practice
25        under this  Act,  or  the  entry  of  a  guilty  or  nolo
26        contendere plea to a felony charge.
27             (4)  Gross negligence in practice under this Act.
28             (5)  Engaging    in   dishonorable,   unethical   or
29        unprofessional conduct of a character likely to  deceive,
30        defraud or harm the public.
31             (6)  Obtaining   any   fee   by  fraud,  deceit,  or
32        misrepresentation.
33             (7)  Habitual or excessive use  or  abuse  of  drugs
34        defined  in  law as controlled substances, of alcohol, or
SB493 Engrossed             -5-               LRB9206202RCcdA
 1        of any other substances which results in the inability to
 2        practice with reasonable judgment, skill or safety.
 3             (8)  Practicing under a false or, except as provided
 4        by law, an assumed name.
 5             (9)  Fraud or misrepresentation in applying for,  or
 6        procuring, a license under this Act or in connection with
 7        applying for renewal of a license under this Act.
 8             (10)  Making   a   false   or  misleading  statement
 9        regarding their skill or the efficacy  or  value  of  the
10        medicine,  treatment,  or  remedy  prescribed  by them at
11        their direction in the treatment of any disease or  other
12        condition of the body or mind.
13             (11)  Allowing another person or organization to use
14        their license, procured under this Act, to practice.
15             (12)  Disciplinary   action   of  another  state  or
16        jurisdiction against a license or other authorization  to
17        practice  as  a  medical  doctor,  doctor  of osteopathy,
18        doctor of osteopathic medicine or doctor of chiropractic,
19        a certified copy of the record of the action taken by the
20        other state or jurisdiction being  prima  facie  evidence
21        thereof.
22             (13)  Violation  of  any provision of this Act or of
23        the Medical Practice Act prior to the repeal of that Act,
24        or violation of the  rules,  or  a  final  administrative
25        action  of  the  Director,  after  consideration  of  the
26        recommendation of the Disciplinary Board.
27             (14)  Dividing  with  anyone  other  than physicians
28        with  whom  the  licensee  practices  in  a  partnership,
29        Professional Association, limited liability  company,  or
30        Medical  or Professional Corporation any fee, commission,
31        rebate or other form of compensation for any professional
32        services not actually and  personally  rendered.  Nothing
33        contained  in  this  subsection prohibits persons holding
34        valid and current licenses under this Act from practicing
SB493 Engrossed             -6-               LRB9206202RCcdA
 1        medicine in partnership under  a  partnership  agreement,
 2        including  a  limited liability partnership, in a limited
 3        liability company under  the  Limited  Liability  Company
 4        Act,   in   a   corporation  authorized  by  the  Medical
 5        Corporation Act, as  an  association  authorized  by  the
 6        Professional  Association  Act, or in a corporation under
 7        the  Professional  Corporation  Act  or   from   pooling,
 8        sharing,  dividing  or  apportioning  the fees and monies
 9        received by them or by the  partnership,  corporation  or
10        association  in accordance with the partnership agreement
11        or  the  policies  of  the  Board  of  Directors  of  the
12        corporation or association.  Nothing  contained  in  this
13        subsection prohibits 2 or more corporations authorized by
14        the  Medical  Corporation Act, from forming a partnership
15        or joint venture  of  such  corporations,  and  providing
16        medical,  surgical  and scientific research and knowledge
17        by employees of these corporations if such employees  are
18        licensed  under  this  Act,  or  from  pooling,  sharing,
19        dividing, or apportioning the fees and monies received by
20        the  partnership  or joint venture in accordance with the
21        partnership  or   joint   venture   agreement.    Nothing
22        contained  in this subsection shall abrogate the right of
23        2 or more persons, holding  valid  and  current  licenses
24        under this Act, to each receive adequate compensation for
25        concurrently rendering professional services to a patient
26        and   divide  a  fee;  provided,  the  patient  has  full
27        knowledge  of  the  division,  and,  provided,  that  the
28        division is made in proportion to the services  performed
29        and responsibility assumed by each.
30             (15)  A  finding  by  the Medical Disciplinary Board
31        that the registrant  after  having  his  or  her  license
32        placed  on probationary status or subjected to conditions
33        or restrictions violated the terms of  the  probation  or
34        failed to comply with such terms or conditions.
SB493 Engrossed             -7-               LRB9206202RCcdA
 1             (16)  Abandonment of a patient.
 2             (17)  Prescribing,      selling,      administering,
 3        distributing,   giving  or  self-administering  any  drug
 4        classified as a controlled substance (designated product)
 5        or narcotic for other than medically accepted therapeutic
 6        purposes.
 7             (18)  Promotion  of  the  sale  of  drugs,  devices,
 8        appliances or goods provided for a patient in such manner
 9        as to exploit the  patient  for  financial  gain  of  the
10        physician.
11             (19)  Offering,  undertaking  or agreeing to cure or
12        treat disease by a secret method, procedure, treatment or
13        medicine, or the treating, operating or  prescribing  for
14        any human condition by a method, means or procedure which
15        the  licensee  refuses  to  divulge  upon  demand  of the
16        Department.
17             (20)  Immoral conduct in the commission of  any  act
18        including,  but  not  limited to, commission of an act of
19        sexual misconduct related to the licensee's practice.
20             (21)  Wilfully making or  filing  false  records  or
21        reports in his or her practice as a physician, including,
22        but  not  limited  to,  false  records  to support claims
23        against the medical assistance program of the  Department
24        of Public Aid under the Illinois Public Aid Code.
25             (22)  Wilful omission to file or record, or wilfully
26        impeding  the  filing  or  recording, or inducing another
27        person to omit to file  or  record,  medical  reports  as
28        required  by  law,  or  wilfully  failing  to  report  an
29        instance  of  suspected  abuse  or neglect as required by
30        law.
31             (23)  Being named as a perpetrator in  an  indicated
32        report  by the Department of Children and Family Services
33        under the Abused and Neglected Child Reporting  Act,  and
34        upon  proof  by  clear  and  convincing evidence that the
SB493 Engrossed             -8-               LRB9206202RCcdA
 1        licensee has caused a child to  be  an  abused  child  or
 2        neglected  child  as  defined in the Abused and Neglected
 3        Child Reporting Act.
 4             (24)  Solicitation of professional patronage by  any
 5        corporation,  agents  or persons, or profiting from those
 6        representing themselves to be agents of the licensee.
 7             (25)  Gross and wilful  and  continued  overcharging
 8        for   professional   services,   including  filing  false
 9        statements for collection of fees for which services  are
10        not  rendered, including, but not limited to, filing such
11        false statements for collection of  monies  for  services
12        not  rendered  from the medical assistance program of the
13        Department of Public Aid under the  Illinois  Public  Aid
14        Code.
15             (26)  A  pattern of practice or other behavior which
16        demonstrates incapacity or incompetence to practice under
17        this Act.
18             (27)  Mental illness or disability which results  in
19        the  inability to practice under this Act with reasonable
20        judgment, skill or safety.
21             (28)  Physical illness, including, but  not  limited
22        to,  deterioration  through the aging process, or loss of
23        motor skill which results in a physician's  inability  to
24        practice  under  this Act with reasonable judgment, skill
25        or safety.
26             (29)  Cheating  on  or  attempt   to   subvert   the
27        licensing examinations administered under this Act.
28             (30)  Wilfully    or   negligently   violating   the
29        confidentiality between physician and patient  except  as
30        required by law.
31             (31)  The use of any false, fraudulent, or deceptive
32        statement  in  any document connected with practice under
33        this Act.
34             (32)  Aiding and abetting an individual not licensed
SB493 Engrossed             -9-               LRB9206202RCcdA
 1        under this Act in the practice of a  profession  licensed
 2        under this Act.
 3             (33)  Violating state or federal laws or regulations
 4        relating to controlled substances.
 5             (34)  Failure   to  report  to  the  Department  any
 6        adverse  final  action  taken  against  them  by  another
 7        licensing jurisdiction (any other state or any  territory
 8        of the United States or any foreign state or country), by
 9        any  peer review body, by any health care institution, by
10        any  professional  society  or  association  related   to
11        practice  under  this Act, by any governmental agency, by
12        any law enforcement agency, or by any court for  acts  or
13        conduct similar to acts or conduct which would constitute
14        grounds for action as defined in this Section.
15             (35)  Failure  to report to the Department surrender
16        of a license or authorization to practice  as  a  medical
17        doctor,  a  doctor of osteopathy, a doctor of osteopathic
18        medicine, or doctor of chiropractic in another  state  or
19        jurisdiction,  or  surrender of membership on any medical
20        staff or in any medical or  professional  association  or
21        society, while under disciplinary investigation by any of
22        those  authorities or bodies, for acts or conduct similar
23        to acts or conduct which  would  constitute  grounds  for
24        action as defined in this Section.
25             (36)  Failure   to  report  to  the  Department  any
26        adverse judgment, settlement, or  award  arising  from  a
27        liability  claim  related  to  acts or conduct similar to
28        acts or conduct which would constitute grounds for action
29        as defined in this Section.
30             (37)  Failure to transfer copies of medical  records
31        as required by law.
32             (38)  Failure   to   furnish   the  Department,  its
33        investigators or representatives,  relevant  information,
34        legally  requested  by  the Department after consultation
SB493 Engrossed             -10-              LRB9206202RCcdA
 1        with the Chief Medical Coordinator or the Deputy  Medical
 2        Coordinator.
 3             (39)  Violating the Health Care Worker Self-Referral
 4        Act.
 5             (40)  Willful  failure to provide notice when notice
 6        is required under the Parental Notice of Abortion Act  of
 7        1995.
 8             (41)  Failure  to  establish and maintain records of
 9        patient care and treatment as required by this law.
10             (42)  Entering into an excessive number  of  written
11        collaborative  agreements with licensed advanced practice
12        nurses  resulting   in   an   inability   to   adequately
13        collaborate and provide medical direction.
14             (43)  Repeated  failure  to  adequately  collaborate
15        with  or provide medical direction to a licensed advanced
16        practice nurse.
17             (44)  Violating the Human  Cloning  Act.  This  item
18        (44)  is inoperative upon the repeal of the Human Cloning
19        Act.
20        All proceedings to suspend, revoke, place on probationary
21    status,  or  take  any  other  disciplinary  action  as   the
22    Department  may  deem proper, with regard to a license on any
23    of the foregoing grounds, must be commenced  within  3  years
24    next  after receipt by the Department of a complaint alleging
25    the commission of or notice of the conviction order  for  any
26    of  the  acts  described  herein.   Except  for  the  grounds
27    numbered (8), (9) and (29), no action shall be commenced more
28    than 5 years after the date of the incident or act alleged to
29    have  violated  this Section.  In the event of the settlement
30    of any claim or cause of action in favor of the  claimant  or
31    the  reduction to final judgment of any civil action in favor
32    of the plaintiff, such claim, cause of action or civil action
33    being grounded on the allegation that a person licensed under
34    this Act was negligent  in  providing  care,  the  Department
SB493 Engrossed             -11-              LRB9206202RCcdA
 1    shall  have an additional period of one year from the date of
 2    notification to the Department under Section 23 of  this  Act
 3    of  such settlement or final judgment in which to investigate
 4    and commence formal disciplinary proceedings under Section 36
 5    of this Act, except as otherwise provided by law.   The  time
 6    during  which the holder of the license was outside the State
 7    of Illinois shall not be included within any period  of  time
 8    limiting  the  commencement  of  disciplinary  action  by the
 9    Department.
10        The entry of an order or judgment by  any  circuit  court
11    establishing that any person holding a license under this Act
12    is  a  person  in  need  of  mental  treatment  operates as a
13    suspension of that license.  That  person  may  resume  their
14    practice  only  upon  the entry of a Departmental order based
15    upon a finding by the Medical Disciplinary  Board  that  they
16    have  been  determined to be recovered from mental illness by
17    the court and upon the  Disciplinary  Board's  recommendation
18    that they be permitted to resume their practice.
19        The  Department  may refuse to issue or take disciplinary
20    action concerning the license of any person who fails to file
21    a return, or to pay the tax, penalty or interest shown  in  a
22    filed  return, or to pay any final assessment of tax, penalty
23    or interest, as required by any tax Act administered  by  the
24    Illinois  Department  of  Revenue,  until  such  time  as the
25    requirements of any such tax Act are satisfied as  determined
26    by the Illinois Department of Revenue.
27        The   Department,   upon   the   recommendation   of  the
28    Disciplinary  Board,  shall  adopt  rules  which  set   forth
29    standards to be used in determining:
30             (a)  when  a  person  will  be  deemed  sufficiently
31        rehabilitated to warrant the public trust;
32             (b)  what  constitutes  dishonorable,  unethical  or
33        unprofessional  conduct of a character likely to deceive,
34        defraud, or harm the public;
SB493 Engrossed             -12-              LRB9206202RCcdA
 1             (c)  what  constitutes  immoral   conduct   in   the
 2        commission  of  any  act,  including, but not limited to,
 3        commission of an act of sexual misconduct related to  the
 4        licensee's practice; and
 5             (d)  what   constitutes   gross  negligence  in  the
 6        practice of medicine.
 7        However, no such rule shall be admissible  into  evidence
 8    in any civil action except for review of a licensing or other
 9    disciplinary action under this Act.
10        In  enforcing  this  Section,  the  Medical  Disciplinary
11    Board, upon a showing of a possible violation, may compel any
12    individual  licensed  to  practice under this Act, or who has
13    applied for licensure or a permit pursuant to  this  Act,  to
14    submit  to  a  mental  or  physical  examination, or both, as
15    required by and  at  the  expense  of  the  Department.   The
16    examining physician or physicians shall be those specifically
17    designated   by   the   Disciplinary   Board.   The   Medical
18    Disciplinary  Board or the Department may order the examining
19    physician to present  testimony  concerning  this  mental  or
20    physical  examination  of  the  licensee  or  applicant.   No
21    information  shall be excluded by reason of any common law or
22    statutory privilege relating  to  communication  between  the
23    licensee  or  applicant  and  the  examining  physician.  The
24    individual  to  be  examined  may  have,  at  his  or her own
25    expense, another physician  of  his  or  her  choice  present
26    during  all  aspects  of  the  examination.    Failure of any
27    individual to submit to mental or physical examination,  when
28    directed,  shall  be  grounds  for  suspension  of his or her
29    license until such time as  the  individual  submits  to  the
30    examination if the Disciplinary Board finds, after notice and
31    hearing,  that  the  refusal to submit to the examination was
32    without reasonable cause.  If the Disciplinary Board finds  a
33    physician unable to practice because of the reasons set forth
34    in  this  Section,  the Disciplinary Board shall require such
SB493 Engrossed             -13-              LRB9206202RCcdA
 1    physician to submit to  care,  counseling,  or  treatment  by
 2    physicians  approved or designated by the Disciplinary Board,
 3    as  a  condition  for  continued,  reinstated,   or   renewed
 4    licensure  to  practice.   Any  physician,  whose license was
 5    granted pursuant to Sections 9, 17, or 19 of  this  Act,  or,
 6    continued,  reinstated,  renewed,  disciplined or supervised,
 7    subject to such terms, conditions or restrictions  who  shall
 8    fail  to  comply with such terms, conditions or restrictions,
 9    or to complete a required program  of  care,  counseling,  or
10    treatment,  as determined by the Chief Medical Coordinator or
11    Deputy  Medical  Coordinators,  shall  be  referred  to   the
12    Director for a determination as to whether the licensee shall
13    have  their  license suspended immediately, pending a hearing
14    by  the  Disciplinary  Board.   In  instances  in  which  the
15    Director immediately suspends a license under this Section, a
16    hearing upon such person's license must be  convened  by  the
17    Disciplinary  Board  within 15 days after such suspension and
18    completed without appreciable delay.  The Disciplinary  Board
19    shall  have  the  authority to review the subject physician's
20    record of treatment and counseling regarding the  impairment,
21    to  the  extent  permitted by applicable federal statutes and
22    regulations  safeguarding  the  confidentiality  of   medical
23    records.
24        An  individual  licensed  under  this Act, affected under
25    this Section, shall be afforded an opportunity to demonstrate
26    to the Disciplinary Board that they can  resume  practice  in
27    compliance with acceptable and prevailing standards under the
28    provisions of their license.
29        The Department may promulgate rules for the imposition of
30    fines  in  disciplinary  cases, not to exceed $5,000 for each
31    violation of this Act.  Fines may be imposed  in  conjunction
32    with other forms of disciplinary action, but shall not be the
33    exclusive  disposition of any disciplinary action arising out
34    of conduct resulting in death or injury to  a  patient.   Any
SB493 Engrossed             -14-              LRB9206202RCcdA
 1    funds  collected  from  such  fines shall be deposited in the
 2    Medical Disciplinary Fund.
 3        (B)  The Department shall revoke the license or  visiting
 4    permit  of  any  person  issued  under  this  Act to practice
 5    medicine or to treat human ailments without the use of  drugs
 6    and  without  operative  surgery,  who  has  been convicted a
 7    second time of  committing  any  felony  under  the  Illinois
 8    Controlled Substances Act, or who has been convicted a second
 9    time  of  committing a Class 1 felony under Sections 8A-3 and
10    8A-6 of the Illinois Public Aid Code.  A person whose license
11    or visiting permit is revoked  under  this  subsection  B  of
12    Section  22  of  this Act shall be prohibited from practicing
13    medicine or treating human ailments without the use of  drugs
14    and without operative surgery.
15        (C)  The  Medical  Disciplinary  Board shall recommend to
16    the Department civil  penalties  and  any  other  appropriate
17    discipline  in disciplinary cases when the Board finds that a
18    physician  willfully  performed  an  abortion   with   actual
19    knowledge  that  the  person  upon whom the abortion has been
20    performed is a minor or an incompetent person without  notice
21    as  required  under  the  Parental  Notice of Abortion Act of
22    1995.  Upon the Board's recommendation, the Department  shall
23    impose,  for  the  first violation, a civil penalty of $1,000
24    and for a second or subsequent violation, a civil penalty  of
25    $5,000.
26    (Source: P.A.   89-18,  eff.  6-1-95;  89-201,  eff.  1-1-96;
27    89-626,  eff.  8-9-96;  89-702,  eff.  7-1-97;  90-742,  eff.
28    8-13-98.)

29        Section 125.  The Criminal Code of  1961  is  amended  by
30    adding Section 12-35 as follows:

31        (720 ILCS 5/12-35 new)
32        Sec. 12-35.  Criminal cloning of humans.
SB493 Engrossed             -15-              LRB9206202RCcdA
 1        (a)  No  person  shall  engage in activity which involves
 2    the use of a human somatic cell nucleus  transfer  technology
 3    to  produce  a  human  embryo  for the purpose of producing a
 4    human clone.
 5        (b)  Sentence.  A violation of this Section is a Class  4
 6    felony.
 7        (c)  Definition.   For  purposes  of this Section, "human
 8    clone" means  a  human  being  created  by  transferring  the
 9    nucleus  from  a human cell from whatever source into a human
10    egg cell from which the nucleus  has  been  removed  for  any
11    purpose  regardless  of  whether or not the resulting product
12    could result in a human embryo, human fetus, or human  being,
13    and  regardless  of  whether  or  not  it  is  intended to be
14    implanted into a person and  may  or  may  not  result  in  a
15    pregnancy  and a birth of a human being.  For the purposes of
16    this Section,  "clone"  does  not  refer  to  duplicating  or
17    replicating human DNA sequences, organs, tissues, or cells.
18        (d)  Nothing  in  this  Section  shall  be  construed  to
19    restrict   or  prohibit  biomedical  research  using  cloning
20    technology that is not expressly prohibited by this  Section,
21    including the cloning of human genes, cells, and tissues.
22        (e)  Repealed.   This  Section  is repealed on January 1,
23    2007.

24        Section 999.  Effective date.  This Act takes effect upon
25    becoming law.

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