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HF 34

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to health; establishing state policy for stem cell research; providing
criminal penalties; appropriating money; proposing coding for new law in
Minnesota Statutes, chapters 137; 145.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [137.45] STEM CELL RESEARCH.
new text end

new text begin The University of Minnesota may spend state-appropriated funds on stem cell
research.
new text end

Sec. 2.

new text begin [145.426] LEGISLATIVE FINDINGS.
new text end

new text begin The legislature finds and declares all of the following:
new text end

new text begin (a) An estimated 128,000,000 Americans suffer from the crippling economic
and psychological burden of chronic, degenerative, and acute diseases and conditions,
including diabetes, Parkinson's disease, and cancer.
new text end

new text begin (b) The costs of treatment and lost productivity of chronic, degenerative, and acute
diseases and conditions in the United States constitute hundreds of billions of dollars every
year. Estimates of the economic costs of these diseases and conditions do not account for
the associated extreme human loss and suffering.
new text end

new text begin (c) Stem cell research offers immense promise for developing new medical therapies
for these debilitating diseases and conditions and a critical means to explore fundamental
questions of biology. Stem cell research could lead to unprecedented treatments and
potential cures for diabetes, cancer, and other diseases and conditions.
new text end

new text begin (d) The United States and Minnesota have historically been a haven for open
scientific inquiry and technological innovation and this environment, coupled with the
commitment of public and private resources, has made the United States the preeminent
world leader in biomedicine and biotechnology.
new text end

new text begin (e) The biomedical industry is a critical and growing component of Minnesota's
economy and would be significantly diminished by limitations imposed on stem cell
research.
new text end

new text begin (f) Open scientific inquiry and publicly funded research will be essential to realizing
the promise of stem cell research and to maintain Minnesota's leadership in biomedicine
and biotechnology. Publicly funded stem cell research, conducted under established
standards of open scientific exchange, peer review, and public oversight, offers the
most efficient and responsible means of fulfilling the promise of stem cells to provide
regenerative medical therapies.
new text end

new text begin (g) Stem cell research, including the use of embryonic stem cells for medical
research, raises significant ethical and policy concerns and, while not unique, the ethical
and policy concerns associated with stem cell research must be carefully considered.
new text end

new text begin (h) Public policy on stem cell research must balance ethical and medical
considerations. The policy must be based on an understanding of the science associated
with stem cell research and grounded in a thorough consideration of the ethical concerns
regarding this research. Public policy on stem cell research must be carefully crafted to
ensure that researchers have the tools necessary to fulfill the promise of stem cell research.
new text end

Sec. 3.

new text begin [145.427] STATE POLICY FOR STEM CELL RESEARCH.
new text end

new text begin Subdivision 1. new text end

new text begin Research use permitted. new text end

new text begin The policy of the state of Minnesota is
that research involving the derivation and use of human embryonic stem cells, human
embryonic germ cells, and human adult stem cells from any source, including somatic
cell nuclear transplantation, shall be permitted and that full consideration of the ethical
and medical implications of this research be given. 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 reviewed by an approved
institutional review board.
new text end

new text begin Subd. 2. new text end

new text begin Informed consent. new text end

new text begin A physician, surgeon, or other health care provider
who is treating a patient for infertility shall provide the patient with timely, relevant, and
appropriate information sufficient to allow the patient to make an informed and voluntary
choice regarding the disposition of any human embryos remaining following the fertility
treatment. Any patient to whom information is provided under this subdivision shall
be presented with the options of storing any unused embryos, donating the embryos
to another individual, discarding the embryos, or donating the remaining embryos for
research. Any patient who elects to donate embryos remaining after fertility treatments
for research shall provide written consent to that donation.
new text end

new text begin Subd. 3. new text end

new text begin Prohibiting sale of fetal tissue. new text end

new text begin (a) A person may not knowingly, for
valuable consideration, purchase, sell, or otherwise transfer or obtain, or promote the
sale or transfer of, embryonic or cadaveric fetal tissue for research purposes. However,
embryonic or cadaveric fetal tissue may be donated for research purposes under this
section. For purposes of this subdivision, "valuable consideration" means financial gain or
advantage, but does not include reasonable payment for the removal, processing, disposal,
preservation, quality control, storage, transplantation, or implantation of embryonic or
cadaveric fetal tissue.
new text end

new text begin (b) Violation of this subdivision is a gross misdemeanor.
new text end

Sec. 4. new text begin APPROPRIATION.
new text end

new text begin $....... in fiscal year 2008 is appropriated from the general fund to the Board of
Regents of the University of Minnesota for the purposes of sections 1 to 3.
new text end