Report Title:

Human Stem Cell Research

Description:

Sets state policy for stem cell research in the State.

HOUSE OF REPRESENTATIVES

H.B. NO.

288

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to human stem cell research.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that an estimated 128,000,000 Americans suffer from the crippling economic and psychological burden of chronic, degenerative, and acute diseases, including diabetes, Parkinson's disease, cancer, and Alzheimer's disease. The costs of treatment and lost productivity of chronic, degenerative, and acute diseases in the United States run into hundreds of billions of dollars every year. Yet, the estimates of these economic costs do not account for the extreme cost in human loss and suffering associated with these conditions.

On the other hand, stem cell research could lead to unprecedented treatments and potential cures for diabetes, Alzheimer's disease, cancer, and other diseases. Stem cell research offers immense promise for developing new medical therapies for these debilitating diseases.

The United States has historically been a haven for open scientific inquiry and technological innovation; and this environment, combined with the commitment of public and private resources, has made the United States the preeminent world leader in biomedicine and biotechnology. The biomedical industry is a critical and growing component of Hawaii's economy, and its development would be significantly hampered by any limitation imposed on stem cell research.

Open scientific inquiry and research endeavors supported by public funding will be essential to realizing the promise of stem cell research. Publicly funded stem cell research, conducted under established standards of open scientific exchange, peer review, and public oversight, offers the most efficient and responsible means of fulfilling the promise of the use of stem cells in providing regenerative medical therapies.

The legislature further finds that stem cell research, including the use of embryonic stem cells for medical research, raises significant ethical and policy concerns. Public policy on stem cell research must balance ethical and medical considerations. While not unique, these ethical and policy concerns associated with stem cell research must be well thought out. The policy of this State must be based on an understanding of the science associated with stem cell research and grounded on a thorough consideration of the ethical concerns regarding this research. Public policy on stem cell research must be crafted to ensure that researchers have the research and ethical tools necessary to fulfill the promise of stem cell research.

SECTION 2. Chapter 321, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part   .  STEM CELL RESEARCH; POLICY

§321- Stem cell research; policy. (a) The policy of the State relating to stem cell research shall be as follows:

(1) Research involving the derivation and use of human embryonic stem cells, human embryonic germ cells, and human adult stem cells from any source, including somatic cell nuclear transplantation, shall be:

(A) Permitted in this State;

(B) Conducted with full consideration of the ethical and medical implications of this research; and

(C) Reviewed by an approved institutional review board;

(2) A physician, or other health care provider, delivering fertility treatment shall provide the patient with timely, relevant, and appropriate information to allow the patient to make an informed and voluntary choice regarding the disposition of any human embryos remaining following the fertility treatment;

(3) Any individual to whom information is provided pursuant to paragraph (2) shall be presented with the option of storing unused embryos, donating them to another individual, discarding the embryos, or donating the remaining embryos for research;

(4) Any individual who elects to donate embryos remaining after fertility treatments for research shall provide written consent; and

(5) A person may not knowingly, for valuable consideration, purchase or sell embryonic or cadaveric fetal tissue for research purposes pursuant to this chapter.

(b) For purposes of this section, "valuable consideration" does not include reasonable payment for the removal, processing, disposal, preservation, quality control, storage, transplantation, or implantation of embryonic or cadaveric fetal tissue.

(c) Embryonic or cadaveric fetal tissue may be donated for research purposes pursuant to this part."

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

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