093_HB3589eng HB3589 Engrossed LRB093 02055 AMC 02056 b 1 AN ACT concerning stem cell research. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 1. Short title. This Act may be cited as the 5 Stem Cell Research Act. 6 Section 5. Declaration of findings. The General Assembly 7 finds and declares all of the following: 8 (1) An estimated 128 million Americans suffer from 9 the crippling economic and psychological burden of 10 chronic, degenerative, and acute diseases, including 11 diabetes, Parkinson's disease, cancer, and Alzheimer's 12 disease. 13 (2) The costs of treatment and lost productivity of 14 chronic, degenerative, and acute diseases in the United 15 States constitutes hundreds of billions of dollars every 16 year. Estimates of the economic costs of these diseases 17 do not account for the extreme human loss and suffering 18 associated with these conditions. 19 (3) Stem cell research offers immense promise for 20 developing new medical therapies for these debilitating 21 diseases and a critical means to explore fundamental 22 questions of biology. Stem cell research could lead to 23 unprecedented treatments and potential cures for 24 diabetes, Alzheimer's disease, cancer, and other 25 diseases. 26 (4) The United States has historically been a haven 27 for open scientific inquiry and technological innovation, 28 and this environment, coupled with the commitment of 29 public and private resources, has made the United States 30 the preeminent world leader in biomedicine and 31 biotechnology. HB3589 Engrossed -2- LRB093 02055 AMC 02056 b 1 (5) Open scientific inquiry and publicly funded 2 research will be essential to realizing the promise of 3 stem cell research and to maintaining the United States' 4 worldwide leadership in biomedicine and biotechnology. 5 Publicly funded stem cell research, conducted under 6 established standards of open scientific exchange, peer 7 review, and public oversight, offers the most efficient 8 and responsible means of fulfilling the promise of stem 9 cells to provide regenerative medical therapies. 10 (6) Stem cell research, including the use of 11 embryonic stem cells for medical research, raises 12 significant ethical and policy concerns, and, while not 13 unique, the ethical and policy concerns associated with 14 stem cell research must be carefully considered. 15 (7) Public policy on stem cell research must 16 balance ethical and medical considerations. The policy 17 must be based on an understanding of the science 18 associated with stem cell research and grounded on a 19 thorough consideration of the ethical concerns regarding 20 this research. Public policy on stem cell research must 21 be carefully crafted to ensure that researchers have the 22 tools necessary to fulfill the promise of stem cell 23 research. 24 Section 10. Policy permitting research. The policy of 25 the State of Illinois shall be as follows: 26 (1) That research involving the derivation and use 27 of human embryonic stem cells, human embryonic germ 28 cells, and human adult stem cells from any source, 29 including somatic cell nuclear transplantation, shall be 30 permitted and that the ethical and medical implications 31 of this research shall be given full consideration. 32 (2) That research involving the derivation and use 33 of human embryonic stem cells, human embryonic germ HB3589 Engrossed -3- LRB093 02055 AMC 02056 b 1 cells, and human adult stem cells, including somatic cell 2 nuclear transplantation, shall be reviewed by an approved 3 institutional review board, as determined by the 4 Department of Public Health. 5 Section 15. Information requirement. 6 (a) An individual receiving fertility treatment shall 7 have the option to choose among the available means of 8 disposing of any human embryos remaining following the 9 fertility treatment. These means may include storing the 10 unused embryos, donating unused embryos to another 11 individual, discarding the embryos, or donating the remaining 12 embryos for research. 13 (b) An individual who elects to donate embryos remaining 14 after fertility treatments for research shall provide written 15 consent. 16 Section 20. Purchase or sale prohibited. 17 (a) A person may not knowingly, for valuable 18 consideration, purchase or sell embryonic or cadaveric fetal 19 tissue for research purposes. 20 (b) For the purposes of this Section, the giving or 21 receiving of reasonable payment for the removal, processing, 22 disposal, preservation, quality control, storage, 23 transplantation, or implantation of the tissue does not 24 constitute purchase or sale. This Section does not prohibit 25 reimbursement for removal, storage, or transportation of 26 embryonic or cadaveric fetal tissue for research purposes 27 pursuant to this Act. 28 (c) A person who knowingly purchases or sells embryonic 29 or cadaveric fetal tissue for research purposes in violation 30 of subsection (a) of this Section is guilty of a Class A 31 misdemeanor for the first conviction and a Class 4 felony for 32 subsequent convictions. HB3589 Engrossed -4- LRB093 02055 AMC 02056 b 1 (d) Embryonic or cadaveric fetal tissue may be donated 2 for research purposes pursuant to this Act. 3 Section 25. Liability. 4 (a) Except as provided in subsection (b) of this 5 Section, procuring, furnishing, donating, processing, 6 distributing, or using embryonic or cadaveric fetal tissue 7 for research purposes pursuant to this Act is declared for 8 the purposes of liability in tort or contract to be the 9 rendition of a service by every person, firm, or corporation 10 participating therein, whether or not remuneration is paid, 11 and is declared not to be a sale of any such items and no 12 warranties of any kind or description nor strict tort 13 liability shall be applicable thereto. 14 (b) A person, firm, or corporation involved in the 15 rendition of a service described in subsection (a) of this 16 Section warrants to the person, firm, or corporation 17 receiving the service that he or she has exercised due care 18 and followed professional standards of care in providing the 19 service according to the current state of the medical arts.