BILL NUMBER: SB 253	CHAPTERED
	BILL TEXT

	CHAPTER  789
	FILED WITH SECRETARY OF STATE  SEPTEMBER 22, 2002
	APPROVED BY GOVERNOR  SEPTEMBER 22, 2002
	PASSED THE SENATE  AUGUST 30, 2002
	PASSED THE ASSEMBLY  AUGUST 26, 2002
	AMENDED IN ASSEMBLY  AUGUST 23, 2002
	AMENDED IN ASSEMBLY  AUGUST 15, 2002
	AMENDED IN ASSEMBLY  AUGUST 12, 2002
	AMENDED IN ASSEMBLY  JULY 17, 2001
	AMENDED IN ASSEMBLY  JULY 5, 2001

INTRODUCED BY   Senator Ortiz
   (Principal coauthor:  Assembly Member Wayne)

                        FEBRUARY 15, 2001

   An act to add Article 5 (commencing with Section 125115) to
Chapter 1 of Part 5 of Division 106 of the Health and Safety Code,
relating to medical research.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 253, Ortiz.  Stem cells:  human tissue:  research.
   Under existing law, it is unlawful for any person to knowingly
acquire, receive, sell, promote the transfer of, or otherwise
transfer any human organ, for purposes of transplantation, for
valuable consideration.
   Under existing law, human tissue may be removed in certain
circumstances from human remains for the use of the tissue by
authorized donees, including, but not limited to, physicians,
hospitals, and educational institutions, for transplant, therapeutic,
or scientific purposes.
   This bill would declare that the policy of the state shall be that
research involving the derivation and use of human embryonic stem
cells, human embryonic germ cells, and human adult stem cells from
any source, including somatic cell nuclear transplantation, shall be
permitted, as specified.  This bill would require a health care
provider delivering fertility treatment to provide his or her patient
with specified information.  The bill would authorize a donation of
a human embryo pursuant to specific requirements and would prohibit
the purchase or sale of embryonic or cadaveric fetal tissue for
research purposes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) An estimated 128 million Americans suffer from the crippling
economic and psychological burden of chronic, degenerative, and acute
diseases, including diabetes, Parkinson's disease, cancer, and
Alzheimer's disease.
   (b) The costs of treatment and lost productivity of chronic,
degenerative, and acute diseases in the United States constitutes
hundreds of billions of dollars every year.  Estimates of the
economic costs of these diseases does not account for the extreme
human loss and suffering associated with these conditions.
   (c) Stem cell research offers immense promise for developing new
medical therapies for these debilitating diseases and a critical
means to explore fundamental questions of biology.  Stem cell
research could lead to unprecedented treatments and potential cures
for diabetes, Alzheimer's disease, cancer, and other diseases.
   (d) The United States and California have historically been a
haven for open scientific inquiry and technological innovation and
this environment, coupled with the commitment of public and private
resources, has made the United States the preeminent world leader in
biomedicine and biotechnology.
   (e) California's biomedical industry is a critical component of
the state's economy that provides employment in over 2,500 companies
to over 225,000 Californians, pays $12.8 billion in wages and
salaries, invests more than $2.1 billion in research, and reports
nearly $7.8 billion in worldwide revenue, and would be significantly
diminished by limitations imposed on stem cell research.
   (f) Open scientific inquiry and publicly funded research will be
essential to realizing the promise of stem cell research and to
maintain California's worldwide leadership in biomedicine and
biotechnology.  Publicly funded stem cell research, conducted under
established standards of open scientific exchange, peer review, and
public oversight, offers the most efficient and responsible means of
fulfilling the promise of stem cells to provide regenerative medical
therapies.
   (g) Stem cell research, including the use of embryonic stem cells
for medical research, raises significant ethical and policy concerns,
and, while not unique, the ethical and policy concerns associated
with stem cell research must be carefully considered.
   (h) Public policy on stem cell research must balance ethical and
medical considerations.  The policy must be based on an understanding
of the science associated with stem cell research and grounded on a
thorough consideration of the ethical concerns regarding this
research.  Public policy on stem cell research must be carefully
crafted to ensure that researchers have the tools necessary to
fulfill the promise of stem cell research.
  SEC. 2.  Article 5 (commencing with Section 125115) is added to
Chapter 1 of Part 5 of Division 106 of the Health and Safety Code, to
read:

      Article 5.  Stem Cell Research

   125115.  The policy of the State of California shall be as
follows:
   (a) That research involving the derivation and use of human
embryonic stem cells, human embryonic germ cells, and human adult
stem cells from any source, including somatic cell nuclear
transplantation, shall be permitted and that full consideration of
the ethical and medical implications of this research be given.
   (b) That research involving the derivation and use of human
embryonic stem cells, human embryonic germ cells, and human adult
stem cells, including somatic cell nuclear transplantation, shall be
reviewed by an approved institutional review board.
   125116.  (a) A physician, surgeon, or other health care provider
delivering fertility treatment shall provide his or her patient with
timely, relevant, and appropriate information to allow the individual
to make an informed and voluntary choice regarding the disposition
of any human embryos remaining following the fertility treatment.
   (b) Any individual to whom information is provided pursuant to
subdivision (a) shall be presented with the option of storing any
unused embryos, donating them to another individual, discarding the
embryos, or donating the remaining embryos for research.
   (c) Any individual who elects to donate embryos remaining after
fertility treatments for research shall provide written consent.
   125117.  (a) A person may not knowingly, for valuable
consideration, purchase or sell embryonic or cadaveric fetal tissue
for research purposes pursuant to this chapter.
   (b) For purposes of this section, "valuable consideration" does
not include reasonable payment for the removal, processing, disposal,
preservation, quality control, storage, transplantation, or
implantation of a part.
   (c) Embryonic or cadaveric fetal tissue may be donated for
research purposes pursuant to this chapter.