SF 100

1.2relating to health; establishing state policy for stem cell research; providing
1.3criminal penalties;proposing coding for new law in Minnesota Statutes, chapters
1.4137; 145.
1.5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6    Section 1. [137.45] STEM CELL RESEARCH.
1.7    The University of Minnesota may spend state-appropriated funds on stem cell
1.8research.

1.9    Sec. 2. [145.427] STATE POLICY FOR STEM CELL RESEARCH.
1.10    Subdivision 1. Research use permitted. The policy of the state of Minnesota is
1.11that research involving the derivation and use of human embryonic stem cells, human
1.12embryonic germ cells, and human adult stem cells from any source, including somatic
1.13cell nuclear transplantation, shall be permitted and that full consideration of the ethical
1.14and medical implications of this research be given. Research involving the derivation and
1.15use of human embryonic stem cells, human embryonic germ cells, and human adult stem
1.16cells, including somatic cell nuclear transplantation, shall be reviewed by an approved
1.17institutional review board.
1.18    Subd. 2. Informed consent. A physician, surgeon, or other health care provider
1.19who is treating a patient for infertility shall provide the patient with timely, relevant, and
1.20appropriate information sufficient to allow the patient to make an informed and voluntary
1.21choice regarding the disposition of any human embryos remaining following the fertility
1.22treatment. Any patient to whom information is provided under this subdivision shall
1.23be presented with the options of storing any unused embryos, donating the embryos
2.1to another individual, discarding the embryos, or donating the remaining embryos for
2.2research. Any patient who elects to donate embryos remaining after fertility treatments
2.3for research shall provide written consent to that donation.
2.4    Subd. 3. Prohibiting sale of fetal tissue; cloning of a human being. (a) A person
2.5may not knowingly, for valuable consideration, purchase, sell, or otherwise transfer or
2.6obtain, or promote the sale or transfer of, embryonic or cadaveric fetal tissue for research
2.7purposes. However, embryonic or cadaveric fetal tissue may be donated for research
2.8purposes under this section. For purposes of this subdivision, "valuable consideration"
2.9means financial gain or advantage, but does not include reasonable payment for the
2.10removal, processing, disposal, preservation, quality control, storage, transplantation, or
2.11implantation of embryonic or cadaveric fetal tissue.
2.12    (b) Violation of paragraph (a) is a gross misdemeanor.
2.13    (c) A person who knowingly engages or assists, directly or indirectly, in the cloning
2.14of a human being is guilty of a felony.
2.15    As used in this section, "cloning of a human being" means the replication of a
2.16human individual by cultivating a cell with genetic material, other than the product of the
2.17fertilization of the egg of a human female by the sperm of a human male, through the egg,
2.18embryo, fetal, and newborn stages into a new human individual.