2013 -- S 0621 SUBSTITUTE A

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LC01483/SUB A

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO HEALTH AND SAFETY - HUMAN CLONING

     Introduced By: Senators DiPalma, Ruggerio, Goodwin, McCaffrey, and Lombardi

     Date Introduced: March 06, 2013

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 23-16.4-1, 23-16.4-2 and 23-16.4-4 of the General Laws in

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Chapter 23-16.4 entitled "Human Cloning" are hereby amended to read as follows:

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     23-16.4-1. Declaration of intent and purpose. -- Whereas, recent medical and

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technological advances have had tremendous benefit to patients, and society as a whole, and

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biomedical research for the purpose of scientific investigation of disease or cure of a disease or

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illness should be preserved and protected and not be impeded by regulations involving the

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cloning of an entire human being; and

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      Whereas, molecular biology, involving human cells, genes, tissues, and organs, has been

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used to meet medical needs globally for twenty (20) more than thirty (30) years, and has proved a

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powerful tool in the search for cures, leading to effective medicines to treat cystic fibrosis,

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diabetes, heart attack, stroke, hemophilia, and HIV/AIDS;

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      The purpose of this legislation is to place a ban on the creation of a human being through

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division of a blastocyst, zygote, or embryo or somatic cell nuclear transfer, and to protect the

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citizens of the state from potential abuse deriving from cloning technologies. This ban is not

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intended to apply to the cloning of human cells, genes, tissues, or organs that would not result in

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the replication of an entire human being. Nor is this ban intended to apply to in vitro fertilization,

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the administration of fertility enhancing drugs, or other medical procedures used to assist a

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woman in becoming or remaining pregnant, so long as that procedure is not specifically intended

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to result in the gestation or birth of a child who is genetically identical to another conceptus,

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embryo, fetus, or human being, living or dead.

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     23-16.4-2. Cloning of human beings prohibited. -- (a) Prohibition. - No person or entity

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shall utilize somatic cell nuclear transfer for the purpose of initiating or attempting to initiate a

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human pregnancy nor shall any person create genetically identical human beings by dividing a

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blastocyst, zygote, or embryo.

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      (b) Definitions.

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      (1) "Nucleus" means the cell structure that houses the chromosomes, and thus the genes;

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      (2) "Oocyte" means the female germ cell, the egg;

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      (3) "Somatic cell" means any cell of a conceptus, embryo, fetus, child, or adult not

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biologically determined to become a germ cell; and

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      (4) "Somatic cell nuclear transfer" means transferring the nucleus of a human somatic

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cell into an oocyte from which the nucleus has been removed.

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      (c) Protected research and practices.

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      (1) Nothing in this section shall be construed to restrict areas of biomedical,

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microbiological, and agricultural research or practices not expressly prohibited in this section,

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including research or practices that involve the use of:

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      (i) Somatic cell nuclear transfer or other cloning technologies to clone molecules, DNA,

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cells, and tissues;

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      (ii) Mitochondrial, cytoplasmic, or gene therapy; or

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      (iii) Somatic cell nuclear transfer techniques to create animals.

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      (2) Nothing in this section shall be construed to prohibit:

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      (i) In vitro fertilization, the administration of fertility-enhancing drugs, or other medical

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procedures used to assist a woman in becoming or remaining pregnant, so long as that pregnancy

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is not specifically intended to result in the production of a child who is genetically identical to

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another human being, living or dead;

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      (ii) Any activity or procedure that results, directly or indirectly in two (2) or more natural

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identical twins.

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     23-16.4-4. Sunset clause. -- The prohibition in section Subsection 23-16.4-2(a) shall

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expire on July 7, 2010 July 7, 2017.

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     SECTION 2. This act shall take effect upon passage.

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LC01483/SUB A

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO HEALTH AND SAFETY - HUMAN CLONING

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     This act would reenact the prohibition whereby no person or entity shall utilize somatic

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cell nuclear transfer for the purpose of initiating or attempting to initiate a human pregnancy nor

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shall any person create genetically identical human beings by dividing a blastocyst, zygote or

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embryo. It would also establish that the prohibition would expire on July 7, 2017.

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     This act would take effect upon passage.

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LC01483/SUB A

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