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1 | AN ACT concerning health.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the Stem | ||||||
5 | Cell Research and Human Cloning Prohibition Act. | ||||||
6 | Section 5. Policy permitting research. The policy of the | ||||||
7 | State of Illinois shall be as follows: | ||||||
8 | (1) Research involving the derivation and use of human | ||||||
9 | embryonic stem cells, human embryonic germ cells, and human | ||||||
10 | adult stem cells from any source, including somatic cell | ||||||
11 | nuclear transplantation, shall be permitted and the ethical and | ||||||
12 | medical implications of this research shall be given full | ||||||
13 | consideration.
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14 | (2) Research involving the derivation and use of human | ||||||
15 | embryonic stem cells, human embryonic germ cells, and human | ||||||
16 | adult stem cells, including somatic cell nuclear | ||||||
17 | transplantation, shall be allowed to receive public funds | ||||||
18 | through a program established specifically for the purpose of | ||||||
19 | supporting stem cell research in Illinois under the Department | ||||||
20 | of Public Health.
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21 | (3) Stem cell research is considered valuable to the health | ||||||
22 | and well-being of all and the unhindered distribution of | ||||||
23 | research materials to all qualified investigators engaged in |
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1 | non-commercial research shall be encouraged within the | ||||||
2 | confines of the law. | ||||||
3 | Section 10. Definitions. As used in this Act: | ||||||
4 | "Department" means the Department of Public Health. | ||||||
5 | "Institute" means the Illinois Regenerative Medicine | ||||||
6 | Institute.
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7 | "Committee" means the Illinois Regenerative Medicine | ||||||
8 | Institute Oversight Committee.
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9 | Section 15. Department grant program. | ||||||
10 | (a) The Department of Public Health shall develop and | ||||||
11 | administer the Illinois Regenerative Medicine Institute
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12 | Program within the Department to provide for the awarding of | ||||||
13 | grants to Illinois medical research institutions. | ||||||
14 | (b) The purposes of the Institute grant program are: | ||||||
15 | (1) to improve the health of the citizens of Illinois | ||||||
16 | through stem cell research; | ||||||
17 | (2) to support scientific research in Illinois for | ||||||
18 | which funding from the U.S. government is currently | ||||||
19 | restricted, namely human embryonic stem cell research; | ||||||
20 | (3) to improve the national competitive position of | ||||||
21 | Illinois in the field of regenerative medicine; and | ||||||
22 | (4) to promote the translation of stem cell research | ||||||
23 | into clinical practice and the transfer of technology to | ||||||
24 | biomedical and technological industry.
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1 | (c) The Department shall adopt rules for the implementation | ||||||
2 | of the Institute grant program, including but not limited to: | ||||||
3 | (1) rules for the solicitation of proposals for grants; | ||||||
4 | (2) rules concerning the eligibility of nonprofit | ||||||
5 | Illinois medical research institutions to receive awards | ||||||
6 | under the Institute grant program; | ||||||
7 | (3) rules for the conduct of competitive and scientific | ||||||
8 | peer review of all proposals submitted under the Institute | ||||||
9 | grant program; | ||||||
10 | (4) rules for the procurement of materials for the | ||||||
11 | conduct of stem cell research, including rules ensuring | ||||||
12 | that persons are empowered to make voluntary and informed | ||||||
13 | decisions to participate or to refuse to participate in | ||||||
14 | such research, and ensuring confidentiality of such | ||||||
15 | decisions; and | ||||||
16 | (5) rules concerning the monitoring of funded research | ||||||
17 | to ensure the researcher is following current best | ||||||
18 | practices with respect to medical ethics, including | ||||||
19 | informed consent of patients and the protection of human | ||||||
20 | subjects. | ||||||
21 | Section 20. Illinois Regenerative Medicine Institute | ||||||
22 | Oversight Committee. | ||||||
23 | (a) The Illinois Regenerative Medicine Institute Oversight | ||||||
24 | Committee shall be established to determine the awards under | ||||||
25 | the Institute grant program. The Committee shall be composed of |
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1 | 7 members appointed by the Governor, with the advice and | ||||||
2 | consent of the Senate. | ||||||
3 | (b) The Committee shall consist of individuals from: | ||||||
4 | (1) professional medical organizations; | ||||||
5 | (2) voluntary health organizations; and | ||||||
6 | (3) for-profit biomedical or biotechnology industry. | ||||||
7 | (c) The Committee shall at all times include at least one | ||||||
8 | member from each of the 3 categories listed in subsection (b) | ||||||
9 | of this Section. | ||||||
10 | (d) No member of the Committee shall be employed by an | ||||||
11 | Illinois medical research institution eligible to receive | ||||||
12 | awards under the Institute grant program.
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13 | (e) Upon appointment, the Governor shall designate 3 | ||||||
14 | members to serve a 2-year term and 4 members to serve a 4-year | ||||||
15 | term. The Committee shall designate a Chairperson, | ||||||
16 | Vice-Chairperson, and Secretary. Any vacancy occurring in the | ||||||
17 | membership of the Committee shall be filled in the same manner | ||||||
18 | as the original appointment. | ||||||
19 | (f) No member of the Committee may receive compensation for | ||||||
20 | his or her services, but each member may be reimbursed for | ||||||
21 | expenses incurred in the performance of his or her duties. | ||||||
22 | (g) The duties and responsibilities of the Committee shall | ||||||
23 | include, but not be limited to: | ||||||
24 | (1) determination of awards under the Institute grant | ||||||
25 | program, based on recommendations developed under the | ||||||
26 | competitive and scientific peer review process provided |
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1 | for in subdivision (c) (3) of Section 15 of this Act; | ||||||
2 | (2) review of the Department's solicitation and | ||||||
3 | scientific peer review processes to ensure that the | ||||||
4 | statutory purposes of the Institute grant program are met; | ||||||
5 | (3) development, in cooperation with Department staff, | ||||||
6 | general guidelines for the conduct of funded research | ||||||
7 | according to current best practices with respect to medical | ||||||
8 | ethics, in consultation with national and international | ||||||
9 | experts such as the International Society for Stem Cell | ||||||
10 | Research, the California Institute for Regenerative | ||||||
11 | Medicine, the Institute of Medicine, and similar | ||||||
12 | organizations; and
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13 | (4) advice on the future conduct of the Institute grant | ||||||
14 | program. | ||||||
15 | (h) All Institute information concerning medical research | ||||||
16 | shall be confidential and privileged and not subject to | ||||||
17 | disclosure to any person other than Institute personnel. | ||||||
18 | Section 25. Conflict of interest. | ||||||
19 | (a) A person has a conflict of interest if any Committee | ||||||
20 | action with respect to a matter may directly or indirectly | ||||||
21 | financially benefit any of the following:
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22 | (1) That person. | ||||||
23 | (2) That person's spouse, immediate family living with | ||||||
24 | that person, or that person's extended family.
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25 | (3) Any individual or entity required to be disclosed |
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1 | by that person.
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2 | (4) Any other individual or entity with which that | ||||||
3 | person has a business or professional relationship.
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4 | (b) A Committee member who has a conflict of interest with | ||||||
5 | respect to a matter may not discuss that matter with other | ||||||
6 | Committee members and shall not vote upon or otherwise | ||||||
7 | participate in any Committee action with respect to that | ||||||
8 | matter. Each recusal occurring during a Committee meeting shall | ||||||
9 | be made a part of the minutes or recording of the meeting in | ||||||
10 | accordance with the Open Meetings Act.
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11 | (c) A member of a scientific peer review panel or any other | ||||||
12 | advisory committee that may be established by the Department | ||||||
13 | who has a conflict of interest with respect to a matter may not | ||||||
14 | discuss that matter with other peer review panel or advisory | ||||||
15 | committee members or with Committee members and shall not vote | ||||||
16 | or otherwise participate in any peer review panel or advisory | ||||||
17 | committee action with respect to that matter. Each recusal of a | ||||||
18 | peer review panel or advisory committee member occurring during | ||||||
19 | a peer review panel or advisory committee meeting shall be made | ||||||
20 | a part of the minutes or recording of the meeting in accordance | ||||||
21 | with the Open Meetings Act. | ||||||
22 | (d) The Institute shall not allow any Institute employee to | ||||||
23 | participate in the processing of, or to provide any advice | ||||||
24 | concerning, any matter with which the Institute employee has a | ||||||
25 | conflict of interest. |
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1 | Section 30. Disclosure of Committee, scientific peer | ||||||
2 | review panel, or advisory committee member income and | ||||||
3 | interests. | ||||||
4 | (a) Each Committee, scientific peer review panel, and any | ||||||
5 | advisory committee member shall file with the Secretary of | ||||||
6 | State a written disclosure of the following with respect to the | ||||||
7 | member, the member's spouse, and any immediate family living | ||||||
8 | with the member:
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9 | (1) Each source of income. | ||||||
10 | (2) Each entity in which the member, spouse, or | ||||||
11 | immediate family living with the member has an ownership or | ||||||
12 | distributive income share that is not an income source | ||||||
13 | required to be disclosed under item (1) of this subsection | ||||||
14 | (a). | ||||||
15 | (3) Each entity in or for which the member, spouse, or | ||||||
16 | immediate family living with the member serves as an | ||||||
17 | executive, officer, director, trustee, or fiduciary. | ||||||
18 | (4) Each entity with which the member, member's spouse, | ||||||
19 | or immediate family living with the member has a contract | ||||||
20 | for future income. | ||||||
21 | (b) Each appointed Committee member and each member of a | ||||||
22 | scientific peer review panel and any advisory committee member | ||||||
23 | shall file the disclosure required by subsection (a) of this | ||||||
24 | Section at the time the member is appointed and at the time of | ||||||
25 | any reappointment of that member.
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26 | (c) Each Committee member and each member of a scientific |
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1 | peer review panel and any advisory committee member shall file | ||||||
2 | an updated disclosure with the Secretary of State promptly | ||||||
3 | after any change in the items required to be disclosed under | ||||||
4 | this subsection with respect to the member, the member's | ||||||
5 | spouse, or any immediate family living with the member. | ||||||
6 | (d) The requirements of Section 3A-30 of the Illinois | ||||||
7 | Governmental Ethics Act and any other disclosures required by | ||||||
8 | law apply to this Act.
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9 | (e) Filed disclosures shall be public records. | ||||||
10 | Section 35. Disclosure of proposed Institute funding | ||||||
11 | recipients. | ||||||
12 | (a) Each Institute request to the Committee for approval of | ||||||
13 | proposed stem cell research funding must be accompanied by a | ||||||
14 | written disclosure that identifies the proposed funding | ||||||
15 | recipient and any executives, officers, directors, trustees, | ||||||
16 | fiduciaries, owners, parent company, subsidiaries, affiliates, | ||||||
17 | and institutional or organizational host of the proposed | ||||||
18 | funding recipient. | ||||||
19 | (b) A proposed Institute stem cell research funding request | ||||||
20 | shall not be approved by the Committee unless and until the | ||||||
21 | Committee receives the disclosure.
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22 | (c) Disclosures provided to the Committee are public | ||||||
23 | records.
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24 | Section 40. Cloning prohibited. |
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1 | (a) No person may clone or attempt to clone a human being. | ||||||
2 | For purposes of this Section, "clone or attempt to clone a | ||||||
3 | human being" means to transfer to a uterus or attempt to | ||||||
4 | transfer to a uterus anything other than the product of | ||||||
5 | fertilization of an egg of a human female by a sperm of a human | ||||||
6 | male for the purpose of initiating a pregnancy that could | ||||||
7 | result in the creation of a human fetus or the birth of a human | ||||||
8 | being.
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9 | (b) A person who violates this Section is guilty of a Class | ||||||
10 | 1 felony.
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11 | Section 45. Purchase or sale prohibited. | ||||||
12 | (a) A person may not knowingly, for valuable consideration, | ||||||
13 | purchase or sell embryonic or cadaveric fetal tissue for | ||||||
14 | research purposes.
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15 | (b) For the purpose of this Section, the giving or | ||||||
16 | receiving of reasonable payment for the removal, processing, | ||||||
17 | disposal, preservation, quality control, storage, | ||||||
18 | transplantation, or implantation of the tissue does not | ||||||
19 | constitute purchase or sale. This Section does not prohibit | ||||||
20 | reimbursement for removal, storage, or transportation of | ||||||
21 | embryonic or cadaveric fetal tissue for research purposes | ||||||
22 | pursuant to this Act.
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23 | (c) A person who knowingly purchases or sells embryonic or | ||||||
24 | cadaveric fetal tissue for research purposes in violation of | ||||||
25 | subsection (a) of this Section is guilty of a Class A |
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1 | misdemeanor for the first conviction and a Class 4 felony for | ||||||
2 | subsequent convictions.
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3 | Section 50. Severability. If any provision of this Act or | ||||||
4 | its application to any person or circumstance is held invalid, | ||||||
5 | the invalidity of that provision or application does not affect | ||||||
6 | other provisions or applications of this Act that can be given | ||||||
7 | effect without the invalid provision or application. |