HOUSE BILL No. 4900

 

June 8, 2005, Introduced by Reps. Meisner, Tobocman, Zelenko, Vagnozzi, Miller, Gonzales, Kathleen Law, Byrum, Plakas, Donigan, Hopgood, Condino, Farrah, Accavitti, Kolb, Byrnes, Waters, Alma Smith, Murphy, Whitmer, Adamini, Lemmons, III and McConico and referred to the Committee on Health Policy.

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

by amending sections 2685, 2687, 2688, 2692, and 16274 (MCL

 

333.2685, 333.2687, 333.2688, 333.2692, and 333.16274), section

 

16274 as added by 1998 PA 108.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2685. (1) A person shall not use a live  human embryo,  

 

fetus  ,  or neonate for nontherapeutic research if, in the best

 

judgment of the person conducting the research, based upon the

 

available knowledge or information at the approximate time of the

 

research, the research substantially jeopardizes the life or health

 

of the  embryo,  fetus  ,  or neonate. Nontherapeutic research

 

shall not in any case be performed on  an embryo or  a fetus known

 

by the person conducting the research to be the subject of a


 

planned abortion being performed for any purpose other than to

 

protect the life of the mother.

 

     (2) For purposes of subsection (1) , the  embryo or  fetus

 

shall be conclusively presumed not to be the subject of a planned

 

abortion if the mother signed a written statement at the time of

 

the research, that she was not planning an abortion.

 

     Sec. 2687.  An embryo,  A fetus  ,  or neonate is a live  

 

embryo,  fetus  ,  or neonate for purposes of sections 2685 to 2691

 

if, in the best medical judgment of a physician, it shows evidence

 

of life as determined by the same medical standards as are used in

 

determining evidence of life in a spontaneously aborted embryo or

 

fetus at approximately the same stage of gestational development.

 

     Sec. 2688. (1) Research may not knowingly be performed upon a

 

dead  embryo,  fetus  ,  or neonate unless the consent of the

 

mother has first been obtained. Consent shall not be required in

 

the case of a routine pathological study.

 

     (2) For purposes of this section, consent shall be

 

conclusively presumed to have been granted by a written statement,

 

signed by the mother that she consents to the use of her dead  

 

embryo,  fetus  ,  or neonate for research.

 

     (3) Written consent shall constitute lawful authorization for

 

the transfer of the dead  embryo,  fetus  ,  or neonate to medical

 

research facilities.

 

     (4) Research being performed upon a dead  embryo,  fetus  ,  

 

or neonate shall be conducted in accordance with the same standards

 

applicable to research conducted pursuant to part 101.

 

     Sec. 2692. As used in sections 2685 to 2691:  ,


 

"nontherapeutic

 

     (a) "Fetus" means the product of conception from implantation

 

until delivery.

 

     (b) "Neonate" means a newborn.

 

     (c) "Nontherapeutic research" means scientific or laboratory

 

research, or other kind of experimentation or investigation not

 

designed to improve the health of the research subject.

 

     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  creating or

 

attempting to create a human being by using the somatic cell

 

nuclear transfer  technology to produce a human embryo  procedure

 

for the purpose of, or to implant, the resulting product to

 

initiate a pregnancy that could result in the birth of a human

 

being.

 

     (b) "Human embryo" means a human egg cell with a full genetic

 

composition capable of differentiating and maturing into a complete


 

human being.

 

     (b)  (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.

 

     (c)  (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.