Chapter 387

2013 -- S 0621 SUBSTITUTE A

Enacted 07/15/13

A N A C T

RELATING TO HEALTH AND SAFETY - HUMAN CLONING

Introduced By: Senators DiPalma, Ruggerio, Goodwin, McCaffrey, and Lombardi

Date Introduced: March 06, 2013

It is enacted by the General Assembly as follows:

SECTION 1. Sections 23-16.4-1, 23-16.4-2 and 23-16.4-4 of the General Laws in

Chapter 23-16.4 entitled "Human Cloning" are hereby amended to read as follows:

23-16.4-1. Declaration of intent and purpose. -- Whereas, recent medical and

technological advances have had tremendous benefit to patients, and society as a whole, and

biomedical research for the purpose of scientific investigation of disease or cure of a disease or

illness should be preserved and protected and not be impeded by regulations involving the

cloning of an entire human being; and

      Whereas, molecular biology, involving human cells, genes, tissues, and organs, has been

used to meet medical needs globally for twenty (20) more than thirty (30) years, and has proved a

powerful tool in the search for cures, leading to effective medicines to treat cystic fibrosis,

diabetes, heart attack, stroke, hemophilia, and HIV/AIDS;

      The purpose of this legislation is to place a ban on the creation of a human being through

division of a blastocyst, zygote, or embryo or somatic cell nuclear transfer, and to protect the

citizens of the state from potential abuse deriving from cloning technologies. This ban is not

intended to apply to the cloning of human cells, genes, tissues, or organs that would not result in

the replication of an entire human being. Nor is this ban intended to apply to in vitro fertilization,

the administration of fertility enhancing drugs, or other medical procedures used to assist a

woman in becoming or remaining pregnant, so long as that procedure is not specifically intended

to result in the gestation or birth of a child who is genetically identical to another conceptus,

embryo, fetus, or human being, living or dead.

23-16.4-2. Cloning of human beings prohibited. -- (a) Prohibition. - No person or entity

shall utilize somatic cell nuclear transfer for the purpose of initiating or attempting to initiate a

human pregnancy nor shall any person create genetically identical human beings by dividing a

blastocyst, zygote, or embryo.

      (b) Definitions.

      (1) "Nucleus" means the cell structure that houses the chromosomes, and thus the genes;

      (2) "Oocyte" means the female germ cell, the egg;

      (3) "Somatic cell" means any cell of a conceptus, embryo, fetus, child, or adult not

biologically determined to become a germ cell; and

      (4) "Somatic cell nuclear transfer" means transferring the nucleus of a human somatic

cell into an oocyte from which the nucleus has been removed.

      (c) Protected research and practices.

      (1) Nothing in this section shall be construed to restrict areas of biomedical,

microbiological, and agricultural research or practices not expressly prohibited in this section,

including research or practices that involve the use of:

      (i) Somatic cell nuclear transfer or other cloning technologies to clone molecules, DNA,

cells, and tissues;

      (ii) Mitochondrial, cytoplasmic, or gene therapy; or

      (iii) Somatic cell nuclear transfer techniques to create animals.

      (2) Nothing in this section shall be construed to prohibit:

      (i) In vitro fertilization, the administration of fertility-enhancing drugs, or other medical

procedures used to assist a woman in becoming or remaining pregnant, so long as that pregnancy

is not specifically intended to result in the production of a child who is genetically identical to

another human being, living or dead;

      (ii) Any activity or procedure that results, directly or indirectly in two (2) or more natural

identical twins.

23-16.4-4. Sunset clause. -- The prohibition in section Subsection 23-16.4-2(a) shall

expire on July 7, 2010 July 7, 2017.

SECTION 2. This act shall take effect upon passage.

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LC01483/SUB A

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