Introduced Version






SENATE BILL No. 268

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 16-18-2; IC 16-21-3-4; IC 16-34.5; IC 25-22.5-8-5; IC 35-46-5.

Synopsis: Cloning. Declares that human cloning is against public policy. Prohibits the state, a state educational institution, or a political subdivision of the state from using resources to knowingly participate in human cloning activities. Requires the state department of health to revoke the license of a hospital that knowingly allows human cloning activities. Requires the medical licensing board to revoke the license of a physician who knowingly participates in human cloning. Makes: (1) the unlawful participation in; (2) the implantation of or the attempt to implant the product of; and (3) the shipment or receipt of the product of; human cloning a Class D felony. Makes the purchase or sale of a human ovum, zygote, embryo, or fetus a Class C felony.

Effective: Upon passage.





Miller




    January 6, 2005, read first time and referred to Committee on Health and Provider Services.







Introduced

First Regular Session 114th General Assembly (2005)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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SENATE BILL No. 268



    A BILL FOR AN ACT to amend the Indiana Code concerning health.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 16-18-2-56.5; (05)IN0268.1.1. -->         SECTION 1. IC 16-18-2-56.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 56.5. (a) "Cloning" means the use of asexual reproduction to create or grow a human embryo from a single cell or cells of a genetically identical human.
    (b) The term does not include a treatment or procedure to enhance human reproductive capability through the manipulation of human oocytes or embryos, including the following:
        (1) In vitro fertilization.
        (2) Gamete intrafallopian transfer.
        (3) Zygote intrafallopian transfer.

SOURCE: IC 16-18-2-183.5; (05)IN0268.1.2. -->     SECTION 2. IC 16-18-2-183.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 183.5. "Human embryo" means a human egg cell with a full genetic composition capable of differentiating and maturing into a complete human being.
SOURCE: IC 16-21-3-4; (05)IN0268.1.3. -->     SECTION 3. IC 16-21-3-4 IS ADDED TO THE INDIANA CODE

AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 4. Notwithstanding section 1 of this chapter, the state department shall revoke the license of a hospital licensed under this article if, after appropriate notice and an opportunity for a hearing, the state health commissioner proves by a preponderance of the evidence that the hospital:
        (1) knowingly allows the hospital's facilities to be used for cloning or attempted cloning; or
        (2) knowingly allows the hospital's employees, in the course of the employee's employment, to participate in cloning or attempted cloning.

SOURCE: IC 16-34.5; (05)IN0268.1.4. -->     SECTION 4. IC 16-34.5 IS ADDED TO THE INDIANA CODE AS A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]:
     ARTICLE 34.5. CLONING
    Chapter 1. Public Policy Against Human Cloning
    Sec. 1. The general assembly declares that human cloning is against public policy.
    Sec. 2. The state, a state educational institution (as defined in IC 20-12-0.5-1), or a political subdivision of the state may not use public funds, facilities, or employees to knowingly participate in cloning or attempted cloning.

SOURCE: IC 25-22.5-8-5; (05)IN0268.1.5. -->     SECTION 5. IC 25-22.5-8-5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 5. (a) As used in this section, "cloning" has the meaning set forth in IC 16-18-2-56.5.
    (b) Notwithstanding IC 25-1-9, the board shall revoke the license of a physician if, after appropriate notice and an opportunity for a hearing, the attorney general proves by a preponderance of the evidence that the physician knowingly participated in cloning or attempted cloning.

SOURCE: IC 35-46-5-2; (05)IN0268.1.6. -->     SECTION 6. IC 35-46-5-2 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. (a) This section does not apply to in vitro fertilization.
    (b) As used in this section, "cloning" has the meaning set forth in IC 16-18-2-56.5.
    (c) A person who knowingly or intentionally:
        (1) participates in cloning;
        (2) implants or attempts to implant the product of cloning into a uterine environment to initiate a pregnancy; or
        (3) ships or receives the product of cloning;
commits unlawful participation in human cloning, a Class D felony.

SOURCE: IC 35-46-5-3; (05)IN0268.1.7. -->     SECTION 7. IC 35-46-5-3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 3. A person who knowingly or intentionally purchases or sells a human ovum, zygote, embryo, or fetus commits unlawful transfer of a human organism, a Class C felony.
SOURCE: ; (05)IN0268.1.8. -->     SECTION 8. An emergency is declared for this act.