North Carolina HB 632: Stem Cell Research Health & Wellness Act.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2005
H 1
HOUSE BILL 632

Short Title: Stem Cell Research Health & Wellness Act. (Public)
Sponsors: Representatives Jones; Adams, B. Allen, Insko, Jeffus, and Wainwright.
Referred to: Health.
March 15, 2005

A BILL TO BE ENTITLED 1
AN ACT TO ENACT THE STEM CELL RESEARCH HEALTH AND WELLNESS 2
ACT TO PERMIT STEM CELL RESEARCH UNDER LIMITED 3
CIRCUMSTANCES AND TO APPROPRIATE FUNDS TO THE HEALTH AND 4
WELLNESS TRUST FUND FOR ALLOCATION AS STEM CELL RESEARCH 5
GRANTS. 6
Whereas, an estimated 128 million Americans suffer from the crippling 7
economic and psychological burden of chronic, degenerative, and acute diseases, 8
including Alzheimer's disease, cancer, diabetes, and Parkinson's disease; and 9
Whereas, the costs of treating, and lost productivity from, chronic, 10
degenerative, and acute diseases in the United States constitutes hundreds of billions of 11
dollars annually. Estimates on the economic costs of these diseases do not account for 12
the extreme human loss and suffering associated with these conditions; and 13
Whereas, human stem cell research offers immense promise for developing 14
new medical therapies for these debilitating diseases and a critical means to explore 15
fundamental questions of biology. Stem cell research could lead to unprecedented 16
treatments and potential cures for Alzheimer's disease, cancer, diabetes, Parkinson's 17
disease, and other diseases; and 18
Whereas, stem cell research, including the use of embryonic stem cells for 19
medical research, raises significant ethical and public policy concerns; and 20
Whereas, the ethical and policy concerns associated with stem cell research 21
must be carefully considered; and 22
Whereas, the public policy of this State governing stem cell research must 23
balance ethical and medical considerations based upon both an understanding of the 24
science associated with stem cell research and a thorough consideration of the ethical 25
concerns regarding this research; Now, therefore, 26
The General Assembly of North Carolina enacts: 27
SECTION 1. Article 16 of Chapter 130A of the General Statutes is amended 28
by adding the following new Part to read: 29

General Assembly of North Carolina Session 2005
Page 2 House Bill 632-First Edition
"Part 4A. Stem Cell Research Health and Wellness Act. 1
"§ 130A-413.1. Public policy relative to derivation, use of certain cells of humans. 2
(a) It is the public policy of this State that research involving the derivation and 3
use of human embryonic stem cells, human embryonic germ cells, and human adult 4
stem cells shall: 5
(1) Be permitted in this State only with the informed consent of the donor 6
and only if the stem cells are: 7
a. Embryonic stem cells obtained from miscarriage, ectopic 8
pregnancy, or nonliving in-vitro fertilized embryos; or 9
b. Adult type stem cells obtained from umbilical cords, placentas, 10
and amniotic fluid, or other tissues and organ systems. 11
(2) Be conducted with full consideration for the ethical and medical 12
implications of this research; and 13
(3) Be reviewed, in each case, by an institutional review board operating 14
in accordance with applicable federal regulations. 15
As used in this section, 'miscarriage' means spontaneous loss of pregnancy before 16
the middle of the second trimester. 17
(b) A physician or other health care provider who is treating a patient for 18
infertility shall provide the patient with timely, relevant, and appropriate information 19
sufficient to allow that person to make an informed and voluntary choice regarding the 20
disposition of any human embryos remaining following the infertility treatment. The 21
physician or health care provider shall present to the individual the option of storing any 22
unused live embryos, donating them to another person, donating nonliving embryos for 23
research purposes consistent with this Part, or other means of disposition consistent with 24
applicable State and federal law. An individual who elects to donate, for research 25
purposes, any embryos remaining after receiving infertility treatment shall provide 26
written consent to that donation. 27
(c) A person shall not knowingly, for valuable consideration, purchase or sell, or 28
otherwise transfer or obtain, or promote the sale or transfer of, embryonic or cadaveric 29
fetal tissue for research purposes except as permitted by this section or other applicable 30
State or federal law. 31
(d) An individual or entity who knowingly violates the provisions of this section 32
shall be subject to a civil penalty of up to ten thousand dollars ($10,000) for each 33
violation." 34
SECTION 2. There is appropriated from the General Fund to the Health and 35
Wellness Trust Fund the sum of ten million dollars ($10,000,000) for the 2005-2006 36
fiscal year. These funds shall be allocated by the Health and Wellness Trust Fund 37
Commission as grants to nonprofit organizations conducting stem cell research. Grants 38