Embryo Research & Fertility Clinic Transparency Act
S.B. 647 Sen. Tom George / H.B. 5131 Rep. Richard LeBlanc
S.B. 647 - H.B. 5131 Embryo Research Transparency Act clarifies and codifies the new amendment into law. The statute which prohibits destructive research on embryos remains in effect; however, Proposal 2 effectively carves out a certain group of embryos to be eligible for destructive research. These embryos must meet the following requirements: created specifically for fertility purposes, in “excess” of fertility treatment need, and donated by the parents for stem cell research. Embryos determined “not suitable for implantation” and otherwise would be disposed of may also be used for stem cell research. The embryos must not exceed 14 days of growth to qualify. The parents may donate their embryos voluntarily with written informed consent.
This legislation specifically allows the extraction of embryonic stem cells only. Any other experimentation on live human embryos that may be harmful remains prohibited. Researchers engaging in the legal destruction of human embryos are required to file an annual report with the Department of Community Health. If a public or private research facility fails to file the report, they may be ordered to pay a civil fine of $5,000 or more.
Human embryos may not be bought or sold or used as an incentive for “valuable consideration.” No one can create human embryos for the sole purpose of conducting research on them. The production of human-animal hybrids for research or any other purpose is also prohibited.
S.B. 649 - H.B. 5133 IVF Clinic Informed Consent and Reporting requires couples to provide, in writing, informed consent to any services provided. The clinic personnel must inform the couple concerning the option to intentionally extract excess eggs or produce excess embryos for future implantations, as well as discuss the parents' preference for the number of embryos to be created. The couple must be made aware of the costs of freezing and storing additional eggs and embryos for future use, the dangers involved in the freezing and thawing process, and the current success rate of implantation, pregnancy and births with fresh embryos verses thawed embryos. They must be informed that buying or selling embryos is prohibited.
This bill also requires providers of IVF services to collect data on their activities regarding eggs and embryos produced, and report to the Department on an annual basis. The embryos produced must be accounted for, including how many are implanted (successfully or not), frozen, stored, donated (including to which research facility) and disposed of. The Department would compile the information and produce an annual report.
S.B. 651 - H.B. 5130 Prohibits Cloned Human Embryo Trafficking into the state. The law prohibiting human cloning is still intact. However, this bill is necessary to preempt any possible loopholes which may have allowed cloned embryos to be created elsewhere and then trafficked into the state. This amends the existing ban on human cloning to also ban the transporting of cloned embryos into the state.
S.B. 652 - H.B. 5129 Sentencing Guidelines - Penalty for trafficking human cloned embryos of 10 years and/or a fine of $10 million.
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