Full Text of SB0004 095th General Assembly
SB0004enr 95TH GENERAL ASSEMBLY
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| AN ACT concerning health.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| 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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| (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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| (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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| 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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| "Committee" means the Illinois Regenerative Medicine | 8 |
| Institute Oversight Committee.
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| 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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| 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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| (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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| 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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| (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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| 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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| (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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| (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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| (3) Any individual or entity required to be disclosed |
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| by that person.
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| (4) Any other individual or entity with which that | 3 |
| person has a business or professional relationship.
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| (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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| (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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| 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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| (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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| (c) Each Committee member and each member of a scientific |
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| 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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| (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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| (c) Disclosures provided to the Committee are public | 23 |
| records.
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| Section 40. Cloning prohibited. |
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| (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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| (b) A person who violates this Section is guilty of a Class | 10 |
| 1 felony.
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| 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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| (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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| (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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| misdemeanor for the first conviction and a Class 4 felony for | 2 |
| subsequent convictions.
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| 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. |
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