Connecticut Seal

General Assembly

 

Substitute Bill No. 934

    January Session, 2005

*_____SB00934CE____051105____*

AN ACT PERMITTING STEM CELL RESEARCH AND BANNING THE CLONING OF HUMAN BEINGS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective October 1, 2005) (a) As used in this section and sections 2 to 4, inclusive, of this act:

(1) "Institutional review committee" means the local institutional review committee specified in 21 USC 360j(g)(3)(A)(i), as amended from time to time, and, when applicable, an institutional review board established in accordance with the requirements of 45 CFR 46, Subpart A, as amended from time to time.

(2) "Cloning of a human being" means inducing or permitting a replicate of a living human being's complete set of genetic material to develop into the stage of human development after the embryonic stage when cells undergoing division are sufficiently differentiated such that organ formation is observable.

(3) "Embryonic stem cells" means cells created through the joining of a human egg and sperm or through nuclear transfer that are sufficiently undifferentiated such that they cannot be identified as components of any specialized cell type.

(4) "Nuclear transfer" means the replacement of the nucleus of a human egg with a nucleus from another human cell.

(5) "Eligible institution" means (A) a nonprofit, tax-exempt academic institution of higher education, (B) a hospital that conducts biomedical research, or (C) any entity that conducts biomedical research or embryonic or adult stem cell research

(b) No person shall knowingly (1) engage or assist, directly or indirectly, in the cloning of a human being, (2) implant human embryos created by nuclear transfer into a uterus or a device similar to a uterus, or (3) facilitate human reproduction through clinical or other use of human embryos created by nuclear transfer. Any person who violates the provisions of this subsection shall be fined not more than one hundred thousand dollars or imprisoned not more than ten years, or both. Each violation of this subsection shall be a separate and distinct offense.

(c) (1) A physician 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 that person to make an informed and voluntary choice regarding the disposition of any embryos or embryonic stem cells remaining following an infertility treatment.

(2) A patient to whom information is provided pursuant to subdivision (1) of this subsection shall be presented with the option of storing, donating to another person, donating for research purposes, or otherwise disposing of any unused embryos or embryonic stem cells.

(3) A person who elects to donate for research purposes any embryos or embryonic stem cells remaining after receiving infertility treatment shall provide written consent for that donation and shall not receive monetary payment, direct or indirect, for such embryos or embryonic stem cells.

(4) Any person who violates the provisions of this subsection shall be fined not more than fifty thousand dollars or imprisoned not more than five years, or both. Each violation of this subsection shall be a separate and distinct offense.

(d) A person may conduct research involving embryonic stem cells, provided (1) the research is conducted with full consideration for the ethical and medical implications of such research, (2) prior to conducting such research, the person provides to the Commissioner of Public Health documentation verifying that any human embryos or eggs used in such research have been donated voluntarily in accordance with the provisions of subsection (c) of this section, (3) the general research program under which such research is conducted is reviewed and approved by an institutional review committee, as required under federal law, and (4) the specific protocol used to derive stem cells from an embryo is reviewed and approved by an institutional review committee.

(e) The Commissioner of Public Health shall enforce the provisions of this section and may adopt regulations, in accordance with the provisions of chapter 54 of the general statutes, relating to the administration and enforcement of this section. The commissioner may request the Attorney General to petition the Superior Court for such order as may be appropriate to enforce the provisions of this section.

Sec. 2. Section 19a-32c of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2005):

(a) There is created a Biomedical Research Trust Fund which shall be a separate nonlapsing fund. The trust fund may accept transfers from the Tobacco Settlement Fund and may apply for and accept gifts, grants or donations from public or private sources to enable the account to carry out its objectives. [On and after July 1, 2001, the] The Commissioner of Public Health, in consultation with the Secretary of the Office of Policy and Management, may make grants-in-aid from the trust fund to eligible institutions for the purpose of funding biomedical research in the fields of heart disease, cancer and other tobacco-related diseases, and embryonic and adult stem cell research. [For the fiscal year ending June 30, 2002, the total amount of such grants-in-aid made during the fiscal year shall not exceed two million dollars. For the fiscal year ending June 30, 2003, and each fiscal year thereafter, the total amount of such grants-in-aid made during the fiscal year shall not exceed fifty per cent of the total amount held in the trust fund as of the date such grants-in-aid are approved. Not later than April 1, 2001, the Commissioner of Public Health shall develop an application for grants-in-aid under this section and may receive applications from eligible institutions for such grants-in-aid on and after said date. For purposes of this section, "eligible institution" means (1) a nonprofit, tax-exempt academic institution of higher education, or (2) a hospital that conducts biomedical research.]

(b) The Commissioner of Public Health shall develop an application for grants-in-aid under this section and may receive applications from eligible institutions for such grants-in-aid on and after July 1, 2005.

(c) For the fiscal year ending June 30, 2006, not less than ten million dollars of the total amount held in the trust fund shall be made available for grants-in-aid to eligible institutions for the purpose of conducting embryonic or adult stem cell research, as directed by the Stem Cell Research Advisory Committee established pursuant to section 3 of this act.

(d) For the fiscal year ending June 30, 2007, not less than ten million dollars of the total amount held in the trust fund shall be made available for grants-in-aid to eligible institutions for the purpose of conducting embryonic or adult stem cell research, as directed by the Stem Cell Research Advisory Committee established pursuant to section 3 of this act.

Sec. 3. (NEW) (Effective from passage) (a) There is established a Stem Cell Research Advisory Committee. The committee shall consist of the Commissioners of Public Health and Economic and Community Development, or their designees, and eight members who shall serve for a term of four years and shall be appointed as follows: Two by the Governor; and one each by the president pro tempore of the Senate, the speaker of the House of Representatives and the majority and minority leaders of the Senate and House of Representatives. All members appointed to the committee shall possess knowledge and understanding of the field of stem cell research and shall work to advance embryonic and adult stem cell research in Connecticut. All appointments to the committee shall be made by November 1, 2005. Any vacancy shall be filled by the appointing authority.

(b) The Commissioner of Public Health, or the commissioner's designee, shall serve as the chairperson of the committee and shall schedule the first meeting of the committee, which shall be held no later than December 1, 2005.

(c) The Stem Cell Research Advisory Committee shall (1) direct the Commissioner of Public Health with respect to the awarding of grants-in-aid pursuant to section 19a-32c of the general statutes, as amended by this act, to eligible institutions for the purpose of conducting embryonic or adult stem cell research, and (2) monitor the stem cell research conducted by eligible institutions that receive such grants-in-aid.

(d) Not later than June 30, 2006, and annually thereafter, the Stem Cell Research Advisory Committee shall report, in accordance with section 11-4a of the general statutes, to the Governor and the General Assembly on (1) the amount of grants-in-aid made pursuant to section 19a-32c of the general statutes, as amended by this act, for stem cell research, (2) the recipients of such grants-in-aid, and (3) the current status of stem cell research in the state.

(e) Not later than October 1, 2006, the Stem Cell Research Advisory Committee shall submit recommendations to the Governor and the joint standing committees of the General Assembly having cognizance of matters relating to public health and appropriations and the budgets of state agencies concerning the amount of funding necessary to sustain embryonic and adult stem cell research in this state for the biennium ending June 30, 2009.

Sec. 4. (NEW) (Effective from passage) (a) There is established a Stem Cell Research Peer Review Committee. The committee shall consist of five members appointed by the Commissioner of Public Health. All members appointed to the committee shall have demonstrated knowledge and understanding of the ethical and medical implications of embryonic and adult stem cell research and shall work to advance embryonic and adult stem cell research in Connecticut. All appointments to the committee shall be made by November 1, 2005.

(b) Prior to the awarding of any grants-in-aid for embryonic or adult stem cell research pursuant to section 19a-32c of the general statutes, as amended by this act, the Stem Cell Research Peer Review Committee shall review all applications submitted by eligible institutions for such grants-in-aid and make recommendations to the Commissioner of Public Health and the Stem Cell Research Advisory Committee with respect to the ethical and scientific merit of each application.

(c) The Commissioner of Public Health may adopt regulations, in accordance with the provisions of chapter 54 of the general statutes, setting forth guidelines for the rating and scoring of such applications by the Stem Cell Research Peer Review Committee.

Sec. 5. (Effective July 1, 2005) The sum of ten million dollars is appropriated to the Biomedical Research Trust Fund, from the General Fund, for the fiscal year ending June 30, 2006, for embryonic and adult stem cell research.

Sec. 6. (Effective July 1, 2006) The sum of ten million dollars is appropriated to the Biomedical Research Trust Fund, from the General Fund, for the fiscal year ending June 30, 2007, for embryonic and adult stem cell research.

This act shall take effect as follows and shall amend the following sections:

Section 1

October 1, 2005

New section

Sec. 2

July 1, 2005

19a-32c

Sec. 3

from passage

New section

Sec. 4

from passage

New section

Sec. 5

July 1, 2005

New section

Sec. 6

July 1, 2006

New section

PH

Joint Favorable Subst. C/R

JUD

JUD

Joint Favorable

 

APP

Joint Favorable

 

CE

Joint Favorable