SB 268-2_ Filed 04/27/2005, 12:59
CONFERENCE COMMITTEE REPORT
DIGEST FOR ESB 268
Citations Affected: IC 16-18-2; IC 16-21-3-4; IC 16-34.5; IC 20-12-29.7; IC 25-22.5-8-5;
IC 35-46-5-2; IC 35-46-5-3.
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. Allows Indiana University to establish an adult stem cell research center. Defines
adult stem cell and fetal stem cell and provides that research on these types of stem cells is not
included in the definition of 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. Requires the state department of health to report to the
legislative council concerning the feasibility of the state establishing an embryo adoption bank.
(This conference committee report adds: (1) an exemption from the offense of unlawful
transfer of a human organism for transfer of an amount for earnings lost due to absence
from employment, travel, and recovery time in an amount not to exceed $3000; and (2) the
requirement that the state department of health report to the legislative council concerning
the feasibility of the state establishing an embryo adoption bank.)
Effective: Upon passage; July 1, 2005.
CONFERENCE COMMITTEE REPORT
MADAM PRESIDENT:
Your Conference Committee appointed to confer with a like committee from the House
upon Engrossed House Amendments to Engrossed Senate Bill No. 268 respectfully reports
that said two committees have conferred and agreed as follows to wit:
that the Senate recede from its dissent from all House amendments and that
the Senate now concur in all House amendments to the bill and that the bill
be further amended as follows:
Delete everything after the enacting clause and insert the following:
SOURCE: IC 16-18-2-5.5; (05)CC026804.1.1. -->
SECTION 1. IC 16-18-2-5.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2005]: Sec. 5.5. "Adult stem cell"means an
undifferentiated cell that:
(1) is found in a differentiated tissue;
(2) is renewable; and
(3) yields specialized cell types with certain limitations of the
tissue from which it originated.
SOURCE: IC 16-18-2-56.5; (05)CC026804.1.2. -->
SECTION 2. 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:
(1) a treatment or procedure to enhance human reproductive
capability through the manipulation of human oocytes or
embryos, including the following:
(A) In vitro fertilization.
(B) Gamete intrafallopian transfer.
(C) Zygote intrafallopian transfer; or
(2) the following types of stem cell research:
(A) Adult stem cell.
(B) Fetal stem cell, as long as the biological parent has given
written consent for the use of the fetal stem cells.
(C) Embryonic stem cells from lines that are permissible for
use under applicable federal law.
SOURCE: IC 16-18-2-128.5; (05)CC026804.1.3. -->
SECTION 3. IC 16-18-2-128.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2005]: Sec. 128.5. (a) "Fetal stem cell" means
any of the following types of stem cells taken from a fetus that was
either miscarried or stillborn from any of the following sources:
(1) Placenta.
(2) Umbilical cord.
(3) Amniotic fluid.
(4) Fetal tissue.
(b) The term does not include any cells that are taken as the
result of an abortion unless the cells are permissible for use under
applicable federal law.
SOURCE: IC 16-18-2-183.5; (05)CC026804.1.4. -->
SECTION 4. 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)CC026804.1.5. -->
SECTION 5. 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)CC026804.1.6. -->
SECTION 6. 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 20-12-29.7; (05)CC026804.1.7. -->
SECTION 7. IC 20-12-29.7 IS ADDED TO THE INDIANA CODE
AS A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2005]:
Chapter 29.7. Adult Stem Cell Research Center
Sec. 1. As used in this chapter, "center" refers to an adult stem
cell research center established under section 2 of this chapter to
carry out the duties specified by this chapter.
Sec. 2. The board of trustees of Indiana University may establish
an adult stem cell research center.
Sec. 3. The center must be under the administration of the school
of medicine.
Sec. 4. The dean of the school of medicine shall appoint the
director of the center.
Sec. 5. The board of trustees of Indiana University may receive,
accept, hold, and apply donations, bequests of funds, property,
gifts, and other income in support of the center's purposes.
Sec. 6. The center shall:
(1) conduct a thorough and comprehensive needs assessment of
the state of science of adult stem cell research; and
(2) develop strategies to move Indiana University into the
forefront of the nation in its capacity to attract and retain adult
stem cell researchers.
SOURCE: IC 25-22.5-8-5; (05)CC026804.1.8. -->
SECTION 8. 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)CC026804.1.9. -->
SECTION 9. 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 a cloned human embryo
into a uterine environment to initiate a pregnancy; or
(3) ships or receives a cloned human embryo;
commits unlawful participation in human cloning, a Class D felony.
SOURCE: IC 35-46-5-3; (05)CC026804.1.10. -->
SECTION 10. 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) 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.
(b) This section does not apply to the following:
(1) The transfer to or receipt by a woman donor of an ovum of
an amount for:
(A) earnings lost due to absence from employment;
(B) travel expenses;
(C) hospital expenses;
(D) medical expenses; and
(E) recovery time in an amount not to exceed three thousand
dollars ($3,000);
concerning a treatment or procedure to enhance human
reproductive capability through in vitro fertilization, gamete
intrafallopian transfer, or zygote intrafallopian transfer.
(2) The following types of stem cell research:
(A) Adult stem cell.
(B) Fetal stem cell, as long as the biological parent has given
written consent for the use of the fetal stem cells.
SOURCE: ; (05)CC026804.1.11. -->
SECTION 11. [EFFECTIVE UPON PASSAGE] (a) As used in this
SECTION, "state department" refers to the state department of
health.
(b) Before November 1, 2005, the state department shall
investigate and report to the legislative council in an electronic
format under IC 5-14-6 the following information:
(1) The feasibility of the state creating an embryo adoption
bank to which embryos in Indiana would be transferred and in
which the embryos would be stored instead of being destroyed.
(2) The costs of creating an embryo adoption bank.
(3) The legal implications and requirements for the adoption of
an embryo.
(4) Any other relevant information concerning the state
creating and embryo adoption bank.
(c) This SECTION expires December 31, 2005.
SOURCE: ; (05)CC026804.1.12. -->
SECTION 12.
An emergency is declared for this act.
(Reference is to ESB 268 as printed March 23, 2005.)
Conference Committee Report
on
Engrossed Senate Bill 268
Text Box
S
igned by:
____________________________ ____________________________
Senator MillerRepresentative Brown T
Chairperson
____________________________ ____________________________
Senator CraycraftRepresentative Brown C
Senate Conferees House Conferees