Sen. Jeffrey M. Schoenberg
Filed: 11/17/2004
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1 | AMENDMENT TO HOUSE BILL 3589
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2 | AMENDMENT NO. ______. Amend House Bill 3589 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Short title. This Act may be cited as the | ||||||
5 | Ronald Reagan Biomedical Research Act.
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6 | Section 5. Declaration of findings. The General Assembly | ||||||
7 | finds and declares
all of the following:
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8 | (1) An estimated 128 million Americans suffer from the | ||||||
9 | crippling economic
and psychological burden of chronic, | ||||||
10 | degenerative, and acute diseases,
including diabetes, | ||||||
11 | Parkinson's disease, cancer, and Alzheimer's disease.
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12 | (2) The costs of treatment and lost productivity of | ||||||
13 | chronic,
degenerative, and acute diseases in the United | ||||||
14 | States constitutes hundreds of
billions of dollars every | ||||||
15 | year. Estimates of the economic costs of these
diseases do | ||||||
16 | not account for the extreme human loss and suffering | ||||||
17 | associated
with these conditions.
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18 | (3) Stem cell research offers immense promise for | ||||||
19 | developing new medical
therapies for these debilitating | ||||||
20 | diseases and a critical means to explore
fundamental | ||||||
21 | questions of biology. Stem cell research could lead to
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22 | unprecedented treatments and potential cures for diabetes, | ||||||
23 | Alzheimer's disease,
cancer, and other diseases.
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24 | (4) The United States has historically been a haven for |
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1 | open scientific
inquiry and technological innovation, and | ||||||
2 | this environment, coupled with the
commitment of public and | ||||||
3 | private resources, has made the United States the
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4 | preeminent world leader in biomedicine and biotechnology.
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5 | (5) Open scientific inquiry and publicly funded | ||||||
6 | research will be essential
to realizing the promise of stem | ||||||
7 | cell research and to maintaining the United
States' | ||||||
8 | worldwide leadership in biomedicine and biotechnology.
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9 | (6) Stem cell research, including the use of embryonic | ||||||
10 | stem cells for
medical research, raises significant | ||||||
11 | ethical and policy concerns, and, while
not unique, the | ||||||
12 | ethical and policy concerns associated with stem cell | ||||||
13 | research
must be carefully considered.
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14 | (7) Public policy on stem cell research must balance | ||||||
15 | ethical and medical
considerations. The policy must be | ||||||
16 | based on an understanding of the science
associated with | ||||||
17 | stem cell research and grounded on a thorough consideration | ||||||
18 | of
the ethical concerns regarding this research. Public | ||||||
19 | policy on stem cell
research must be carefully crafted to | ||||||
20 | ensure that researchers have the tools
necessary to fulfill | ||||||
21 | the promise of stem cell research.
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22 | Section 10. Policy permitting research. The policy of the | ||||||
23 | State of Illinois
shall be as follows:
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24 | (1) That research involving the derivation and use of | ||||||
25 | human embryonic stem
cells, human embryonic germ cells, and | ||||||
26 | human adult stem cells from any source,
including somatic | ||||||
27 | cell nuclear transplantation, shall be permitted and that
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28 | the ethical and medical implications of this research shall | ||||||
29 | be given full
consideration.
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30 | (2) That research involving the derivation and use of | ||||||
31 | human embryonic stem
cells, human embryonic germ cells, and | ||||||
32 | human adult stem cells, including
somatic cell nuclear | ||||||
33 | transplantation, shall be reviewed by an approved
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1 | institutional review board, as determined by the | ||||||
2 | Department of Public Health.
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3 | Section 15. Information requirement.
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4 | (a) An individual receiving fertility treatment shall have | ||||||
5 | the option to
choose among the available means of disposing of | ||||||
6 | any human embryos remaining
following the fertility treatment. | ||||||
7 | These means may include storing the unused
embryos, donating | ||||||
8 | unused embryos to another individual, discarding the embryos,
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9 | or donating the remaining embryos for research.
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10 | (b) An individual who elects to donate embryos remaining | ||||||
11 | after
fertility treatments for research shall provide written | ||||||
12 | consent.
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13 | Section 20. Purchase or sale prohibited.
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14 | (a) A person may not knowingly, for valuable consideration, | ||||||
15 | purchase or sell
embryonic or cadaveric fetal tissue for | ||||||
16 | research purposes.
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17 | (b) For the purposes of this Section, the giving or | ||||||
18 | receiving of reasonable
payment for the removal, processing, | ||||||
19 | disposal, preservation, quality
control, storage, | ||||||
20 | transplantation, or implantation of the tissue does not
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21 | constitute purchase or sale. This Section does not prohibit | ||||||
22 | reimbursement for
removal, storage, or transportation of | ||||||
23 | embryonic or cadaveric fetal tissue for
research purposes | ||||||
24 | pursuant to this Act.
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25 | (c) A person who knowingly purchases or sells embryonic or | ||||||
26 | cadaveric fetal
tissue for research purposes in violation of | ||||||
27 | subsection (a) of this Section is
guilty of a Class A | ||||||
28 | misdemeanor for the first conviction and a Class 4 felony
for | ||||||
29 | subsequent convictions.
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30 | (d) Embryonic or cadaveric fetal tissue may be donated for | ||||||
31 | research purposes
pursuant to this Act.
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1 | Section 25. Liability.
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2 | (a) Except as provided in subsection (b) of this Section, | ||||||
3 | procuring,
furnishing, donating, processing, distributing, or | ||||||
4 | using embryonic or cadaveric
fetal tissue for research purposes | ||||||
5 | pursuant to this Act is declared for the
purposes of liability | ||||||
6 | in tort or contract to be the rendition of a service by
every | ||||||
7 | person, firm, or corporation participating therein, whether or | ||||||
8 | not
remuneration is paid, and is declared not to be a sale of | ||||||
9 | any such items and no
warranties of any kind or description nor | ||||||
10 | strict tort liability shall be
applicable thereto.
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11 | (b) A person, firm, or corporation involved in the | ||||||
12 | rendition of a service
described in subsection (a) of this | ||||||
13 | Section warrants to the person, firm, or
corporation receiving | ||||||
14 | the service that he or she has exercised due care and
followed | ||||||
15 | professional standards of care in providing the service | ||||||
16 | according to
the current state of the medical arts.
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17 | Section 30. Cloning of human being; criminal penalty. A | ||||||
18 | person who knowingly engages or assists, directly or | ||||||
19 | indirectly, in the cloning of a human being is guilty of a | ||||||
20 | Class 1 felony.
As used in this Section, "cloning of a human | ||||||
21 | being" means asexual human reproduction by implanting or | ||||||
22 | attempting to implant the product of nuclear transplantation | ||||||
23 | into a woman's uterus or a substitute for a woman's uterus. | ||||||
24 | Nothing in this Section prohibits somatic nuclear transfer or | ||||||
25 | transplantation.".
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