Chapter 319
2013 -- H 5424 SUBSTITUTE A
Enacted 07/15/13
A N A C T
RELATING TO
HEALTH AND SAFETY - HUMAN CLONING
Introduced By: Representatives Corvese, Azzinaro, Fellela, Winfield, and Malik
Date Introduced: February 13, 2013
It is enacted by the
General Assembly as follows:
SECTION 1. Sections 23-16.4-1, 23-16.4-2 and 23-16.4-4 of
the General Laws in
Chapter 23-16.4 entitled
"Human Cloning" are hereby amended to read
as follows:
23-16.4-1.
Declaration of intent and purpose. -- Whereas,
recent medical and
technological advances have had tremendous benefit to patients, and
society as a whole, and
biomedical research for the purpose of scientific investigation
of disease or cure of a disease or
illness should be preserved and protected and not be impeded
by regulations involving the
cloning of an entire human being; and
Whereas, molecular
biology, involving human cells, genes, tissues, and organs, has been
used to meet medical needs globally for twenty (20)
more than thirty (30) years, and has proved a
powerful tool in the search for cures, leading to effective
medicines to treat cystic fibrosis,
diabetes, heart attack, stroke, hemophilia, and HIV/AIDS;
The purpose of this
legislation is to place a ban on the creation of a human being through
division of a blastocyst, zygote, or
embryo or somatic cell nuclear transfer, and to protect the
citizens of the state from potential abuse deriving from
cloning technologies. This ban is not
intended to apply to the cloning of human cells, genes,
tissues, or organs that would not result in
the replication of an entire human being. Nor is this ban
intended to apply to in vitro fertilization,
the administration of fertility enhancing drugs, or other
medical procedures used to assist a
woman in becoming or remaining pregnant, so long as that
procedure is not specifically intended
to result in the gestation or birth of a child who is
genetically identical to another conceptus,
embryo, fetus, or human being, living or dead.
23-16.4-2. Cloning of human beings prohibited. -- (a)
Prohibition. - No person or entity
shall utilize somatic cell nuclear transfer for the purpose
of initiating or attempting to initiate a
human pregnancy nor shall any person create genetically
identical human beings by dividing a
blastocyst, zygote, or embryo.
(b) Definitions.
(1) "Nucleus"
means the cell structure that houses the chromosomes, and thus the genes;
(2) "Oocyte" means the female germ cell, the egg;
(3) "Somatic
cell" means any cell of a conceptus, embryo,
fetus, child, or adult not
biologically determined to become a germ cell; and
(4) "Somatic cell
nuclear transfer" means transferring the nucleus of a human somatic
cell into an oocyte from which
the nucleus has been removed.
(c) Protected research
and practices.
(1) Nothing in this
section shall be construed to restrict areas of biomedical,
microbiological, and agricultural research or practices not expressly
prohibited in this section,
including research or practices that involve the use of:
(i)
Somatic cell nuclear transfer or other cloning technologies to clone molecules,
DNA,
cells, and tissues;
(ii) Mitochondrial, cytoplasmic, or gene therapy; or
(iii) Somatic cell
nuclear transfer techniques to create animals.
(2) Nothing in this
section shall be construed to prohibit:
(i)
In vitro fertilization, the administration of fertility-enhancing drugs, or
other medical
procedures used to assist a woman in becoming or remaining
pregnant, so long as that pregnancy
is not specifically intended to result in the production
of a child who is genetically identical to
another human being, living or dead;
(ii) Any activity or procedure
that results, directly or indirectly in two (2) or more natural
identical twins.
23-16.4-4.
Sunset clause. -- The prohibition in section
Subsection 23-16.4-2(a) shall
expire on July 7, 2010 July 7, 2017.
SECTION 2. This act shall take effect upon passage.
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LC01133/SUB A
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