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
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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.