Public Act 095-0519
Public Act 0519 95TH GENERAL ASSEMBLY
|Public Act 095-0519
||LRB095 04978 WGH 25044 b
AN ACT concerning health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
This Act may be cited as the
Cell Research and Human Cloning Prohibition Act.
Policy permitting research.
The policy of the
State of Illinois shall be as follows:
(1) 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 the ethical and
medical implications of this research shall be given full
(2) 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 allowed to receive public funds
through a program established specifically for the purpose of
supporting stem cell research in Illinois under the Department
of Public Health.
(3) Stem cell research is considered valuable to the health
and well-being of all and the unhindered distribution of
research materials to all qualified investigators engaged in
non-commercial research shall be encouraged within the
confines of the law.
As used in this Act:
"Department" means the Department of Public Health.
"Institute" means the Illinois Regenerative Medicine
"Committee" means the Illinois Regenerative Medicine
Institute Oversight Committee.
Department grant program.
(a) The Department of Public Health shall develop and
administer the Illinois Regenerative Medicine Institute
Program within the Department to provide for the awarding of
grants to Illinois medical research institutions.
(b) The purposes of the Institute grant program are:
(1) to improve the health of the citizens of Illinois
through stem cell research;
(2) to support scientific research in Illinois for
which funding from the U.S. government is currently
restricted, namely human embryonic stem cell research;
(3) to improve the national competitive position of
Illinois in the field of regenerative medicine; and
(4) to promote the translation of stem cell research
into clinical practice and the transfer of technology to
biomedical and technological industry.
(c) The Department shall adopt rules for the implementation
of the Institute grant program, including but not limited to:
(1) rules for the solicitation of proposals for grants;
(2) rules concerning the eligibility of nonprofit
Illinois medical research institutions to receive awards
under the Institute grant program;
(3) rules for the conduct of competitive and scientific
peer review of all proposals submitted under the Institute
(4) rules for the procurement of materials for the
conduct of stem cell research, including rules ensuring
that persons are empowered to make voluntary and informed
decisions to participate or to refuse to participate in
such research, and ensuring confidentiality of such
(5) rules concerning the monitoring of funded research
to ensure the researcher is following current best
practices with respect to medical ethics, including
informed consent of patients and the protection of human
Illinois Regenerative Medicine Institute
(a) The Illinois Regenerative Medicine Institute Oversight
Committee shall be established to determine the awards under
the Institute grant program. The Committee shall be composed of
7 members appointed by the Governor, with the advice and
consent of the Senate.
(b) The Committee shall consist of individuals from:
(1) professional medical organizations;
(2) voluntary health organizations; and
(3) for-profit biomedical or biotechnology industry.
(c) The Committee shall at all times include at least one
member from each of the 3 categories listed in subsection (b)
of this Section.
(d) No member of the Committee shall be employed by an
Illinois medical research institution eligible to receive
awards under the Institute grant program.
(e) Upon appointment, the Governor shall designate 3
members to serve a 2-year term and 4 members to serve a 4-year
term. The Committee shall designate a Chairperson,
Vice-Chairperson, and Secretary. Any vacancy occurring in the
membership of the Committee shall be filled in the same manner
as the original appointment.
(f) No member of the Committee may receive compensation for
his or her services, but each member may be reimbursed for
expenses incurred in the performance of his or her duties.
(g) The duties and responsibilities of the Committee shall
include, but not be limited to:
(1) determination of awards under the Institute grant
program, based on recommendations developed under the
competitive and scientific peer review process provided
for in subdivision (c) (3) of Section 15 of this Act;
(2) review of the Department's solicitation and
scientific peer review processes to ensure that the
statutory purposes of the Institute grant program are met;
(3) development, in cooperation with Department staff,
general guidelines for the conduct of funded research
according to current best practices with respect to medical
ethics, in consultation with national and international
experts such as the International Society for Stem Cell
Research, the California Institute for Regenerative
Medicine, the Institute of Medicine, and similar
(4) advice on the future conduct of the Institute grant
(h) All Institute information concerning medical research
shall be confidential and privileged and not subject to
disclosure to any person other than Institute personnel.
Conflict of interest.
(a) A person has a conflict of interest if any Committee
action with respect to a matter may directly or indirectly
financially benefit any of the following:
(1) That person.
(2) That person's spouse, immediate family living with
that person, or that person's extended family.
(3) Any individual or entity required to be disclosed
by that person.
(4) Any other individual or entity with which that
person has a business or professional relationship.
(b) A Committee member who has a conflict of interest with
respect to a matter may not discuss that matter with other
Committee members and shall not vote upon or otherwise
participate in any Committee action with respect to that
matter. Each recusal occurring during a Committee meeting shall
be made a part of the minutes or recording of the meeting in
accordance with the Open Meetings Act.
(c) A member of a scientific peer review panel or any other
advisory committee that may be established by the Department
who has a conflict of interest with respect to a matter may not
discuss that matter with other peer review panel or advisory
committee members or with Committee members and shall not vote
or otherwise participate in any peer review panel or advisory
committee action with respect to that matter. Each recusal of a
peer review panel or advisory committee member occurring during
a peer review panel or advisory committee meeting shall be made
a part of the minutes or recording of the meeting in accordance
with the Open Meetings Act.
(d) The Institute shall not allow any Institute employee to
participate in the processing of, or to provide any advice
concerning, any matter with which the Institute employee has a
conflict of interest.
Disclosure of Committee, scientific peer
review panel, or advisory committee member income and
(a) Each Committee, scientific peer review panel, and any
advisory committee member shall file with the Secretary of
State a written disclosure of the following with respect to the
member, the member's spouse, and any immediate family living
with the member:
(1) Each source of income.
(2) Each entity in which the member, spouse, or
immediate family living with the member has an ownership or
distributive income share that is not an income source
required to be disclosed under item (1) of this subsection
(3) Each entity in or for which the member, spouse, or
immediate family living with the member serves as an
executive, officer, director, trustee, or fiduciary.
(4) Each entity with which the member, member's spouse,
or immediate family living with the member has a contract
for future income.
(b) Each appointed Committee member and each member of a
scientific peer review panel and any advisory committee member
shall file the disclosure required by subsection (a) of this
Section at the time the member is appointed and at the time of
any reappointment of that member.
(c) Each Committee member and each member of a scientific
peer review panel and any advisory committee member shall file
an updated disclosure with the Secretary of State promptly
after any change in the items required to be disclosed under
this subsection with respect to the member, the member's
spouse, or any immediate family living with the member.
(d) The requirements of Section 3A-30 of the Illinois
Governmental Ethics Act and any other disclosures required by
law apply to this Act.
(e) Filed disclosures shall be public records.
Disclosure of proposed Institute funding
(a) Each Institute request to the Committee for approval of
proposed stem cell research funding must be accompanied by a
written disclosure that identifies the proposed funding
recipient and any executives, officers, directors, trustees,
fiduciaries, owners, parent company, subsidiaries, affiliates,
and institutional or organizational host of the proposed
(b) A proposed Institute stem cell research funding request
shall not be approved by the Committee unless and until the
Committee receives the disclosure.
(c) Disclosures provided to the Committee are public
(a) No person may clone or attempt to clone a human being.
For purposes of this Section, "clone or attempt to clone a
human being" means to transfer to a uterus or attempt to
transfer to a uterus anything other than the product of
fertilization of an egg of a human female by a sperm of a human
male for the purpose of initiating a pregnancy that could
result in the creation of a human fetus or the birth of a human
(b) A person who violates this Section is guilty of a Class
Purchase or sale prohibited.
(a) A person may not knowingly, for valuable consideration,
purchase or sell embryonic or cadaveric fetal tissue for
(b) For the purpose of this Section, the giving or
receiving of reasonable payment for the removal, processing,
disposal, preservation, quality control, storage,
transplantation, or implantation of the tissue does not
constitute purchase or sale. This Section does not prohibit
reimbursement for removal, storage, or transportation of
embryonic or cadaveric fetal tissue for research purposes
pursuant to this Act.
(c) A person who knowingly purchases or sells embryonic or
cadaveric fetal tissue for research purposes in violation of
subsection (a) of this Section is guilty of a Class A
misdemeanor for the first conviction and a Class 4 felony for
If any provision of this Act or
its application to any person or circumstance is held invalid,
the invalidity of that provision or application does not affect
other provisions or applications of this Act that can be given
effect without the invalid provision or application.
Effective Date: 1/1/2008