74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 1224
B-Engrossed
House Bill 2801
Ordered by the House June 18
Including House Amendments dated May 7 and June 18
Sponsored by Representatives GALIZIO, GREENLICK; Representatives
BARKER, BARNHART, BERGER, BOONE, BUCKLEY, CANNON, CLEM, COWAN,
D EDWARDS, GELSER, HOLVEY, HUNT, JENSON, MACPHERSON, MERKLEY,
NOLAN, READ, ROBLAN, ROSENBAUM, SCHAUFLER, SHIELDS, TOMEI,
WITT, Senator BATES
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
Establishes Human Stem Cell Research Committee in Department of
Human Services. Requires committee to develop guidelines for
research involving derivation or use of human stem cells.
Instructs committee to report guidelines developed to Legislative
Assembly, Governor and Oregon Health and Science University.
Establishes Human Stem Cell Research Grant Fund. Authorizes
committee to seek private and public contributions for purpose of
funding research grants from fund. Continuously appropriates
moneys in fund to { - committee - } { + Department of Human
Services + } for purposes of Act. { + Appropriates moneys from
General Fund to department to provide administrative support to
committee. + }
Imposes penalties for failure to obtain written informed
consent from donor prior to donation and use of human egg or
sperm cell for research. Directs committee to study nature of
informed consent provided and to make recommendations to
Governor, Legislative Assembly and Oregon Health and Science
University.
{ + Declares emergency, effective July 1, 2007. + }
A BILL FOR AN ACT
Relating to stem cell research; appropriating money; and
declaring an emergency.
Whereas an estimated 128 million Americans suffer from chronic,
degenerative and acute diseases, including diabetes, Alzheimer's
disease, cancer, Huntington's disease, Parkinson's disease, heart
disease and spinal cord injury; and
Whereas the crippling economic and psychological burdens of
such diseases result in billions of dollars every year in costs
of treatment and lost productivity as well as extreme human loss
and emotional suffering; and
Whereas stem cell research offers immense promise for
developing new medical therapies for these debilitating diseases
and a critical means to explore fundamental questions of biology;
and
Whereas stem cell research could lead to unprecedented
treatments and potential cures for diabetes, Alzheimer's disease,
cancer, Huntington's disease, Parkinson's disease, heart disease,
spinal cord injury and other diseases; and
Whereas Oregon is home to a large medical research institution
and an expanding biomedical research industry; and
Whereas these organizations are committed to improving the
lives of Americans suffering from chronic, degenerative and acute
diseases; and
Whereas encouraging stem cell research is essential to
realizing the promise of stem cell research and will promote
advances in other areas of biomedical research; and
Whereas several states have supported policies and institutions
in partnership with the biomedical research industry to promote
and advance stem cell research; and
Whereas Oregon must demonstrate a similar commitment to these
initiatives in order to reaffirm itself as a leader in this area
of biomedical research; and
Whereas stem cell research, including the use of stem cells for
medical research, raises significant ethical concerns that must
be balanced with medical considerations; and
Whereas while stem cell research holds enormous potential for
treating or even curing some diseases, the reproductive cloning
of human beings is morally and ethically unacceptable; and
Whereas the reproductive cloning of human beings poses grave
health risks to any child who may be produced in this manner; and
Whereas any attempt to clone a human being is in direct
conflict with the policies of this state; now, therefore,
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + As used in this section and sections 2, 3, 4, 5
and 8 of this 2007 Act:
(1) 'Blastocyst' means a preimplantation embryo consisting of
approximately 150 cells that are organized into an inner and
outer cell layer surrounding a fluid-filled cavity. The inner
layer, from which embryonic stem cells are derived, consists of
undifferentiated cells that have the potential to become any type
of cell in the human body.
(2) 'Human somatic cell' means a diploid cell obtained or
derived from a living or deceased human at any stage of
development.
(3) 'Oocyte' means an unfertilized human ovum.
(4) 'Somatic cell nuclear transfer' means a technique in which
the nucleus of an oocyte is replaced with the nucleus of a
donated human somatic cell and stimulated to divide until it
reaches the blastocyst stage. + }
SECTION 2. { + (1) The Human Stem Cell Research Committee is
created in the Department of Human Services. The committee shall
consist of 13 members appointed by the Governor.
(2) The term of office of each member is four years, but a
member serves at the pleasure of the Governor. Before the
expiration of the term of a member, the Governor shall appoint a
successor, whose term begins upon the expiration of the term of
the current member. A member is eligible for reappointment. If
there is a vacancy for any cause, the Governor shall make an
appointment to become immediately effective for the unexpired
term.
(3) The Governor may consider persons recommended for
appointment by the Oregon Health and Science University and the
biomedical research community. The committee shall include the
following members:
(a) Seven scientists with experience in biomedical research in
the fields of cell differentiation, nuclear reprogramming, tissue
formation and regeneration, stem cell biology, developmental
biology or regenerative medicine or related fields;
(b) Two medical ethicists;
(c) Two persons with backgrounds in legal issues related to
human stem cell research, in vitro fertilization or family law,
as it applies to the donation of blastocysts and oocytes; and
(d) Two members of the public.
(4) The committee shall select one of its members as
chairperson and another as vice chairperson, for such terms and
with duties and powers necessary for the performance of the
functions of such offices as the committee determines.
(5) A majority of the members of the committee constitutes a
quorum for the transaction of business.
(6) The committee shall meet at least once every three months
at a place, day and hour determined by the chairperson of the
committee. The committee may also meet at other times and places
specified by the call of the chairperson or of a majority of the
members of the committee.
(7) A member of the committee is entitled to compensation and
expenses as provided in ORS 292.495.
(8) In accordance with applicable provisions of ORS chapter
183, the committee may adopt rules necessary for carrying out the
provisions of sections 3 and 4 of this 2007 Act.
(9) The Department of Human Services shall provide
administrative support to the committee. + }
SECTION 3. { + (1) The Human Stem Cell Research Committee
shall develop guidelines for research involving the derivation or
use of human stem cells in Oregon. The guidelines shall address
the balance between the state policy of promoting research
involving the derivation of human stem cells, by any method,
including somatic cell nuclear transfer, and the ethical
considerations that arise with such research. After adoption of
the initial guidelines, the committee may revise the guidelines
or issue advisory opinions, as necessary, to account for
developments in research and medicine as they may affect the
research and ethical considerations associated with the use of
human stem cells.
(2) In developing the guidelines, the committee may consider
other applicable guidelines developed or used in the United
States and in other countries, including the guidelines for
research using human pluripotent stem cells developed by the
National Institutes of Health.
(3) The committee shall report the guidelines developed to the
Governor, to the Legislative Assembly in the manner provided for
in ORS 192.245 and to the Oregon Health and Science
University. + }
SECTION 4. { + (1) The Human Stem Cell Research Committee may
solicit, receive and review applications from public and private
agencies, organizations and research institutions for grants from
the Human Stem Cell Research Grant Fund created under section 5
of this 2007 Act to conduct research programs in this state that
focus on the development of the treatment of debilitating
diseases and spinal cord injuries.
(2) After review of a grant application, the committee shall
grant approval of the application and direct the Department of
Human Services to disburse moneys from the Human Stem Cell
Research Grant Fund if the application meets the criteria
established by the committee and if money exists in the fund.
(3) The committee may solicit contributions to the fund from
public and private sources.
(4) The committee shall provide the Governor and the
Legislative Assembly with a biennial report no later than January
31 of each odd-numbered year that summarizes the status of funds
granted for stem cell research and the progress of the committee
in encouraging stem cell research. + }
SECTION 5. { + (1) The Human Stem Cell Research Grant Fund is
established separate and distinct from the General Fund. Moneys
received from contributions to the fund, from public and private
sources, by the Human Stem Cell Research Committee shall be
deposited into the State Treasury and credited to the Human Stem
Cell Research Grant Fund.
(2) Interest earned by the Human Stem Cell Research Grant Fund
shall be credited to the fund.
(3) All moneys in the Human Stem Cell Research Grant Fund are
continuously appropriated to the Department of Human Services for
the purposes of sections 2, 3, 4, 5, 7 and 8 of this 2007
Act. + }
SECTION 6. { + Notwithstanding the term of office specified by
section 2 of this 2007 Act, of the members first appointed to
the Human Stem Cell Research Committee:
(1) Six shall serve for terms ending January 1, 2010.
(2) Seven shall serve for terms ending January 1, 2011. + }
SECTION 7. { + (1) The Human Stem Cell Research Committee
shall study the nature of informed consent that should be
provided in conjunction with human stem cell research funded
under section 4 of this 2007 Act.
(2) The committee shall make recommendations about the nature
of and method for providing informed consent to the Governor, to
the Legislative Assembly in the manner provided in ORS 192.245
and to the Oregon Health and Science University by April 1,
2009. + }
SECTION 8. { + A person may not use human eggs or human sperm
that have been donated for purposes of assisted reproduction to
create human stem cells for use in research without obtaining the
written informed consent of the donor to use the eggs or sperm
for research purposes. + }
SECTION 9. { + (1) In addition to any other penalty imposed by
law, the Department of Human Services may impose a civil penalty
on any person for violation of section 8 of this 2007 Act. The
civil penalty imposed under this subsection may not exceed
$10,000 for each violation.
(2) Civil penalties imposed under this subsection shall be
imposed in the manner provided by ORS 183.745.
(3) Penalties collected under this section shall be deposited
in the Human Stem Cell Research Grant Fund established under
section 5 of this 2007 Act. + }
SECTION 10. { + The Department of Human Services may adopt
rules necessary to implement the provisions of sections 7 and 8
of this 2007 Act. + }
SECTION 11. { + Sections 4, 8 and 9 of this 2007 Act become
operative on July 1, 2009. + }
SECTION 12. { + The Human Stem Cell Research Committee shall
develop the guidelines under section 3 of this 2007 Act by April
1, 2009. + }
SECTION 13. { + There is appropriated to the Department of
Human Services, for the biennium beginning July 1, 2007, out of
the General Fund, the amount of $159,366 for the purpose of
providing administrative support under section 2 of this 2007
Act. + }
SECTION 14. { + This 2007 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2007 Act takes effect
July 1, 2007. + }
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