LBD00873-01-1
S. 394 2
3. "HUMAN EMBRYONIC STEM CELL" MEANS A PRIMITIVE (UNDIFFERENTIATED)
CELL FROM THE EMBRYO WHICH HAS THE POTENTIAL TO BECOME A WIDE VARIETY OF
SPECIALIZED CELL TYPES.
4. "HUMAN PLURIPOTENT STEM CELL" MEANS THE MOST PRIMITIVE, UNDEVEL-
OPED, UNDIFFERENTIATED STEM CELLS.
5. "HUMAN PRIMORDIAL GERM CELLS" MEAN PLURIPOTENT CELLS THAT DEVELOP
INTO OOCYTE AND SPERM CELLS.
6. "HUMAN ADULT STEM CELL" MEANS AN UNDIFFERENTIATED CELL FOUND IN A
DIFFERENTIATED TISSUE THAT CAN RENEW ITSELF AND (WITH CERTAIN LIMITA-
TIONS) DIFFERENTIATE TO YIELD SPECIALIZED CELL TYPES OF THE TISSUE FROM
WHICH IT ORIGINATED.
7. "STEM CELL LINE" MEANS A GROUP OF CELLS DERIVED FROM THE SAME
INITIAL STEM CELL.
8. "SOMATIC CELL NUCLEAR TRANSPLANTATION" MEANS TRANSFERRING THE
NUCLEUS OF A SOMATIC CELL OF AN EXISTING OR PREVIOUSLY EXISTING BEING,
EMBRYO, OR FETUS INTO AN OOCYTE FROM WHICH THE NUCLEUS HAS BEEN REMOVED.
9. "OOCYTE" MEANS A FEMALE GERM CELL, THE EGG.
10. "VALUABLE CONSIDERATION" MEANS ANYTHING OF VALUE, INCLUDING BUT
NOT LIMITED TO, MONEY OFFERED AS AN INDUCEMENT.
11. "THERAPEUTIC TREATMENT" MEANS PREVENTATIVE, CURATIVE, OR PALLIA-
TIVE CARE OF AN INDIVIDUAL FOR DISEASE, DISABILITY, OR GENETIC DISORDER.
12. "HUMAN REPRODUCTIVE CLONING" MEANS THE PRACTICE OF CREATING OR
ATTEMPTING TO CREATE A HUMAN BEING BY TRANSFERRING THE NUCLEUS FROM A
HUMAN CELL FROM WHATEVER SOURCE INTO A HUMAN OR NONHUMAN EGG CELL FROM
WHICH THE NUCLEUS HAS BEEN REMOVED FOR THE PURPOSE OF CREATING A NEW
HUMAN BEING, OR TO IMPLANT THE RESULTING PRODUCT TO INITIATE A PREGNANCY
WHICH COULD RESULT IN THE BIRTH OF A HUMAN BEING.
13. "BLASTOCYST" MEANS A THREE TO FIVE DAY OLD EMBRYO CONSISTING OF
APPROXIMATELY THIRTY CELLS. THIS INNER MASS OF UNDIFFERENTIATED CELLS
GIVES RISE TO HUNDREDS OF HIGHLY SPECIALIZED CELLS NEEDED TO MAKE AN
ADULT ORGANISM.
14. "EMBRYONIC STEM CELL LINE" MEANS A GROUP OF CELLS DERIVED FROM AN
EMBRYO THAT HAVE BEEN CULTURED UNDER IN VITRO CONDITIONS THAT ALLOW FOR
PROLIFERATION WITHOUT DIFFERENTIATION FOR MONTHS TO YEARS.
15. "INSTITUTIONAL REVIEW BOARD" MEANS THE GROUP OR COMMITTEE THAT IS
GIVEN THE RESPONSIBILITY BY AN INSTITUTION TO REVIEW THAT INSTITUTION'S
RESEARCH PROJECTS INVOLVING HUMAN SUBJECTS. THE PRIMARY PURPOSE OF THE
IRB REVIEW IS TO ASSURE THE PROTECTION OF THE SAFETY, RIGHTS, AND
WELFARE OF THE HUMAN SUBJECTS.
S 2452. LEGISLATIVE INTENT. THE LEGISLATURE FINDS AND DECLARES ALL OF
THE FOLLOWING:
1. AN ESTIMATED ONE HUNDRED TWENTY-EIGHT MILLION AMERICANS SUFFER FROM
THE CRIPPLING ECONOMIC, PHYSICAL AND PSYCHOLOGICAL BURDEN OF CHRONIC,
DEGENERATIVE, AND ACUTE DISEASES, INCLUDING DIABETES, PARKINSON'S
DISEASE, CANCER, AND ALZHEIMER'S DISEASE.
2. THE COSTS OF TREATMENT AND LOST PRODUCTIVITY OF CHRONIC, DEGENERA-
TIVE, AND ACUTE DISEASES IN THE UNITED STATES CONSTITUTE HUNDREDS OF
BILLIONS OF DOLLARS EVERY YEAR. ESTIMATES OF THE ECONOMIC COSTS OF THESE
DISEASES DO NOT ACCOUNT FOR THE EXTREME HUMAN LOSS AND SUFFERING ASSOCI-
ATED WITH THESE CONDITIONS.
3. STEM CELL RESEARCH, INCLUDING BOTH ADULT AND EMBRYONIC RESEARCH,
OFFERS IMMENSE PROMISE FOR DEVELOPING NEW MEDICAL THERAPIES FOR THESE
DEBILITATING DISEASES AND A CRITICAL MEANS TO EXPLORE FUNDAMENTAL QUES-
TIONS OF BIOLOGY. STEM CELL RESEARCH COULD LEAD TO UNPRECEDENTED TREAT-
MENTS AND POTENTIAL CURES FOR DIABETES, ALZHEIMER'S DISEASE, CANCER, AND
OTHER DISEASES. NEW YORK SUPPORTS STEM CELL RESEARCH AS AN AVENUE FOR
S. 394 3
THE DEVELOPMENT OF AFFORDABLE AND ACCESSIBLE TREATMENTS FOR THESE VARIED
PUBLIC HEALTH THREATS.
4. NEW YORK HAS HISTORICALLY BEEN A HAVEN FOR OPEN SCIENTIFIC INQUIRY
AND TECHNOLOGICAL INNOVATION, AND THIS ENVIRONMENT, COUPLED WITH THE
COMMITMENT OF PUBLIC AND PRIVATE RESOURCES, HAS MADE NEW YORK THE PREEM-
INENT WORLD LEADER IN BIOMEDICINE AND BIOTECHNOLOGY. NEW YORK WILL TAKE
A LEADERSHIP ROLE IN SUPPORTING STEM CELL RESEARCH, BOTH FOR THE CURES
THAT ARE PROMISED AND FOR THE ADVANCEMENTS THAT WILL RESULT FROM DEVEL-
OPING THIS PLATFORM TECHNOLOGY.
5. THE BIOMEDICAL INDUSTRY IS A POTENTIALLY SIGNIFICANT COMPONENT OF
NEW YORK STATE'S ECONOMY. NEW YORK'S BIOMEDICAL INDUSTRY IS A CRITICAL
COMPONENT OF THE STATE'S ECONOMY WHICH PROVIDES SUBSTANTIAL EMPLOYMENT,
PAYS SUBSTANTIAL WAGES AND SALARIES, INVESTS BILLIONS OF DOLLARS IN
RESEARCH, REPORTS BILLIONS OF DOLLARS IN WORLDWIDE REVENUE, AND WILL BE
CONSIDERABLY ENHANCED BY NEW YORK STATE'S SUPPORT OF STEM CELL RESEARCH.
6. STEM CELL RESEARCH, INCLUDING THE USE OF EMBRYONIC STEM CELLS FOR
MEDICAL RESEARCH, RAISES SIGNIFICANT ETHICAL AND POLICY CONCERNS AND,
ALTHOUGH NOT UNIQUE, THE ETHICAL AND POLICY CONCERNS ASSOCIATED WITH
STEM CELL RESEARCH MUST BE CAREFULLY CONSIDERED.
7. PUBLIC POLICY ON STEM CELL RESEARCH SHALL BALANCE ETHICAL, SOCIETAL
AND MEDICAL CONSIDERATIONS. THE POLICY SHALL BE BASED ON AN UNDERSTAND-
ING OF THE SCIENCE ASSOCIATED WITH STEM CELL RESEARCH AND GROUNDED ON A
THOROUGH CONSIDERATION OF THE ETHICAL CONCERNS REGARDING THIS RESEARCH.
PUBLIC POLICY ON STEM CELL RESEARCH SHALL BE CAREFULLY CRAFTED TO ENSURE
THAT RESEARCHERS HAVE THE TOOLS NECESSARY TO FULFILL THE PROMISE OF STEM
CELL RESEARCH.
8. NEW YORK STATE SHALL REGULATE THIS IMPORTANT EMERGING TECHNOLOGY IN
ORDER TO PROTECT SOCIETY FROM KNOWN RISKS. HUMAN REPRODUCTIVE CLONING
POSES RISKS THAT FAR OUTWEIGH ITS BENEFITS.
9. NEW YORK STATE NEEDS TO DEVELOP A MECHANISM TO TRANSFER UNUSED
GENETIC MATERIAL TO RESEARCH INSTITUTIONS. DONORS MUST BE WELL INFORMED
OF THEIR CHOICES PRIOR TO MAKING DECISIONS FOR THE DISPOSITION OF THEIR
GENETIC MATERIAL. POTENTIAL DONORS OF GENETIC MATERIAL FOR STEM CELL
RESEARCH WILL BE THOROUGHLY PROTECTED BY A RIGOROUS, COMPREHENSIVE
INFORMED CONSENT PROCEDURE.
S 2453. STATE POLICY. THE POLICY OF THE STATE OF NEW YORK IS AS
FOLLOWS:
1. THAT RESEARCH INVOLVING THE DERIVATION AND USE OF HUMAN EMBRYONIC
STEM CELLS, HUMAN PRIMORDIAL GERM CELLS, AND HUMAN ADULT STEM CELLS,
INCLUDING SOMATIC CELL NUCLEAR TRANSPLANTATION, SHALL BE PERMITTED AND
THAT FULL CONSIDERATION OF THE ETHICAL, SOCIETAL AND MEDICAL IMPLI-
CATIONS OF THIS RESEARCH BE GIVEN.
2. THAT RESEARCH INVOLVING THE DERIVATION AND USE OF HUMAN EMBRYONIC
STEM CELLS, HUMAN PRIMORDIAL GERM CELLS, AND HUMAN ADULT STEM CELLS,
INCLUDING SOMATIC CELL NUCLEAR TRANSPLANTATION, SHALL BE REVIEWED BY AN
INSTITUTIONAL REVIEW BOARD COMPLIANT WITH ALL STATE AND FEDERAL REGU-
LATIONS.
3. THAT HUMAN EMBRYOS USED FOR STEM CELL RESEARCH SHALL BE PERMITTED
TO DEVELOP FOR A MAXIMUM OF FOURTEEN DAYS.
S 2454. FERTILITY AND EMBRYO INFORMATION. 1. A PHYSICIAN, SURGEON, OR
OTHER HEALTH CARE PROVIDER DELIVERING FERTILITY TREATMENT SHALL PROVIDE
HIS OR HER PATIENT WITH TIMELY, RELEVANT, AND APPROPRIATE INFORMATION TO
ALLOW THE INDIVIDUAL TO MAKE AN INFORMED AND VOLUNTARY CHOICE REGARDING
THE DISPOSITION OF ANY HUMAN EMBRYOS REMAINING FOLLOWING THE FERTILITY
TREATMENT.
S. 394 4
2. THE FAILURE BY A PHYSICIAN, SURGEON OR OTHER HEALTH CARE PROVIDER
TO PROVIDE SUCH INFORMATION TO PATIENTS, WHO ARE CONTRIBUTING GENETIC
MATERIAL TO THE CREATION OF THE EMBRYO CONSTITUTES UNPROFESSIONAL
CONDUCT, AND SUCH FAILURE SHALL BE PUNISHABLE BY A CIVIL FINE OF FIFTY
THOUSAND DOLLARS FOR AN OFFENDER'S FIRST VIOLATION OF THIS SECTION; A
CIVIL FINE OF ONE HUNDRED THOUSAND DOLLARS FOR AN OFFENDER'S SECOND
VIOLATION OF THIS SECTION; AND A CIVIL FINE OF TWO HUNDRED FIFTY THOU-
SAND DOLLARS AND REVOCATION OF SUCH OFFENDER'S PROFESSIONAL LICENSE
PURSUANT TO TITLE EIGHT OF THE EDUCATION LAW FOR AN OFFENDER'S THIRD OR
SUBSEQUENT VIOLATION OF THIS SECTION.
3. ANY INDIVIDUAL TO WHOM INFORMATION IS PROVIDED PURSUANT TO SUBDIVI-
SION ONE OF THIS SECTION SHALL BE PRESENTED WITH THE OPTION OF STORING
ANY UNUSED EMBRYOS, DONATING THEM TO ANOTHER INDIVIDUAL, DISCARDING THE
EMBRYOS, OR DONATING THE REMAINING EMBRYOS FOR RESEARCH. WHEN PROVIDING
FERTILITY TREATMENT, A PHYSICIAN AND SURGEON OR OTHER HEALTH CARE
PROVIDER SHALL PROVIDE A FORM TO THE INDIVIDUALS DONATING GENETIC MATE-
RIAL FOR USE IN FERTILITY TREATMENT THAT SETS FORTH ADVANCED WRITTEN
DIRECTIVES REGARDING THE DISPOSITION OF SPERM, OOCYTES (EGGS), AND EMBR-
YOS. SUCH FORM SHALL INDICATE THE TIME LIMIT ON STORAGE OF THE EMBRYOS
AT THE CLINIC OR STORAGE FACILITY AND SHALL PROVIDE, AT A MINIMUM, THE
FOLLOWING CHOICES FOR DISPOSITION OF THE EMBRYOS BASED ON THE FOLLOWING
CIRCUMSTANCES:
(A) IN THE EVENT THAT ALL OF THE EMBRYOS CREATED FOR FERTILITY TREAT-
MENTS ARE NOT USED FOR SUCH PURPOSE, THE REMAINING EMBRYOS SHALL BE
DISPOSED OF BY ONE OF THE FOLLOWING ACTIONS:
(I) DONATION FOR RESEARCH PURPOSES.
(II) THAWED WITH NO FURTHER ACTION TAKEN.
(III) DONATION TO ANOTHER COUPLE OR INDIVIDUAL.
(IV) OTHER DISPOSITION THAT IS CLEARLY STATED.
(B) IN THE EVENT OF THE DEATH OF EITHER OF THE PARTNERS, THE EMBRYOS
SHALL BE DISPOSED OF BY ONE OF THE FOLLOWING ACTIONS:
(I) MADE AVAILABLE TO THE LIVING PARTNER.
(II) DONATION FOR RESEARCH PURPOSES.
(III) THAWED WITH NO FURTHER ACTION TAKEN.
(IV) DONATION TO ANOTHER COUPLE OR INDIVIDUAL.
(V) OTHER DISPOSITION WHICH IS CLEARLY STATED.
(C) IN THE EVENT OF THE DEATH OF BOTH PARTNERS OR THE DEATH OF AN
INDIVIDUAL WITHOUT A PARTNER, THE EMBRYOS SHALL BE DISPOSED OF BY ONE OF
THE FOLLOWING ACTIONS:
(I) DONATION FOR RESEARCH PURPOSES.
(II) THAWED WITH NO FURTHER ACTION TAKEN.
(III) DONATION TO ANOTHER COUPLE OR INDIVIDUAL.
(IV) OTHER DISPOSITION WHICH IS CLEARLY STATED.
(D) IN THE EVENT OF LEGAL SEPARATION OR DIVORCE OF THE PARTNERS, THE
EMBRYOS SHALL BE DISPOSED OF BY ONE OF THE FOLLOWING ACTIONS:
(I) MADE AVAILABLE TO THE PRIOR NAMED PARTNER.
(II) DIVIDED EQUALLY BETWEEN THE PARTNERS.
(III) DONATION FOR RESEARCH PURPOSES.
(IV) THAWED WITH NO FURTHER ACTION TAKEN.
(V) DONATION TO ANOTHER COUPLE OR INDIVIDUAL.
(VI) OTHER DISPOSITION WHICH IS CLEARLY STATED.
(E) IN THE EVENT OF THE PARTNERS' OR THE INDIVIDUAL'S DECISION TO
ABANDON THE EMBRYOS BY REQUEST OR A FAILURE TO PAY STORAGE FEES, THE
EMBRYOS SHALL BE DISPOSED OF BY ONE OF THE FOLLOWING ACTIONS:
(I) DONATION FOR RESEARCH PURPOSES.
(II) THAWED WITH NO FURTHER ACTION TAKEN.
S. 394 5
(III) DONATION TO ANOTHER COUPLE OR INDIVIDUAL.
(IV) OTHER DISPOSITION WHICH IS CLEARLY STATED.
4. ANY WOMAN TO WHOM INFORMATION IS PROVIDED PURSUANT TO SUBDIVISION
ONE OF THIS SECTION SHALL BE PRESENTED WITH THE OPTION OF STORING ANY
UNUSED OOCYTES, DONATING SUCH OOCYTES TO ANOTHER INDIVIDUAL, DISCARDING
THE OOCYTES, OR DONATING THE REMAINING OOCYTES FOR RESEARCH. (A) A FORM
PROVIDING ADVANCED WRITTEN DIRECTIVES ON THE DISPOSITION OF ANY OOCYTES
HARVESTED FOR FERTILITY TREATMENT SHALL BE SIGNED BY SUCH WOMAN PRIOR TO
INITIATION OF TREATMENT.
(B) SUCH FORM SHALL INDICATE THE TIME LIMIT ON STORAGE OF THE OOCYTES
AT THE CLINIC OR STORAGE FACILITY AND SHALL PROVIDE, AT A MINIMUM, THE
FOLLOWING CHOICE FOR DISPOSITION OF THE OOCYTES:
IN THE EVENT THAT ALL OF THE OOCYTES HARVESTED FOR FERTILITY TREAT-
MENTS ARE NOT USED FOR THAT PURPOSE, THE REMAINING OOCYTES SHALL BE
DISPOSED OF BY ONE OF THE FOLLOWING ACTIONS:
(I) DONATION FOR RESEARCH PURPOSES.
(II) THAWED WITH NO FURTHER ACTION TAKEN.
(III) DONATION TO ANOTHER COUPLE OR INDIVIDUAL.
(IV) OTHER DISPOSITION THAT IS CLEARLY STATED.
S 2455. INFORMED CONSENT. 1. A PHYSICIAN AND SURGEON OR OTHER HEALTH
CARE PROVIDER DELIVERING FERTILITY TREATMENT SHALL OBTAIN WRITTEN
CONSENT FROM ANY INDIVIDUAL WHO ELECTS TO DONATE EMBRYOS OR OOCYTES
REMAINING AFTER FERTILITY TREATMENTS FOR RESEARCH. FOR ANY INDIVIDUAL
CONSIDERING DONATING THE EMBRYOS FOR RESEARCH, TO OBTAIN INFORMED
CONSENT, THE HEALTH CARE PROVIDER SHALL CONVEY ALL OF THE FOLLOWING TO
THE INDIVIDUAL:
(A) A STATEMENT THAT THE EARLY HUMAN EMBRYOS WILL BE USED TO DERIVE
HUMAN PLURIPOTENT STEM CELLS FOR RESEARCH AND THAT THE CELLS MAY BE
USED, AT SOME FUTURE TIME, FOR HUMAN TRANSPLANTATION RESEARCH.
(B) A STATEMENT THAT ALL NON-GENETIC IDENTIFIERS ASSOCIATED WITH THE
EMBRYOS WILL BE REMOVED PRIOR TO THE DERIVATION OF HUMAN PLURIPOTENT
STEM CELLS.
(C) A STATEMENT THAT OOCYTES AND GENETIC MATERIAL FROM EARLY HUMAN
EMBRYOS MAY BE USED FOR SOMATIC CELL NUCLEAR TRANSPLANTATION RESEARCH.
(D) A STATEMENT THAT OOCYTES MAY BE COMBINED WITH SPERM TO CREATE
EMBRYOS FOR USE IN STEM CELL RESEARCH.
(E) A STATEMENT THAT DONORS WILL NOT RECEIVE ANY INFORMATION ABOUT
SUBSEQUENT TESTING ON THE EMBRYO OR OOCYTES OR THE DERIVED HUMAN PLURI-
POTENT CELLS.
(F) A STATEMENT THAT DERIVED CELLS OR CELL LINES, WITH ALL NON-GENETIC
IDENTIFIERS REMOVED, MAY BE KEPT FOR MANY YEARS.
(G) DISCLOSURE OF THE POSSIBILITY THAT THE DONATED MATERIAL MAY HAVE
COMMERCIAL POTENTIAL, AND A STATEMENT THAT THE DONOR WILL NOT RECEIVE
FINANCIAL OR ANY OTHER BENEFITS FROM ANY FUTURE COMMERCIAL DEVELOPMENT.
(H) A STATEMENT THAT THE HUMAN PLURIPOTENT STEM CELL RESEARCH IS NOT
INTENDED TO PROVIDE DIRECT MEDICAL BENEFIT TO THE DONOR.
(I) A STATEMENT THAT EARLY HUMAN EMBRYOS OR OOCYTES DONATED WILL NOT
BE TRANSFERRED TO A WOMAN'S UTERUS, WILL NOT SURVIVE THE HUMAN PLURIPO-
TENT STEM CELL DERIVATION PROCESS, AND WILL BE HANDLED RESPECTFULLY, AS
IS APPROPRIATE FOR ALL HUMAN TISSUE USED IN RESEARCH.
(J) A STATEMENT THAT EMBRYONIC STEM CELL LINES DEVELOPED FROM DONATED
MATERIAL WILL NOT BE PATENTED.
2. EMBRYOS OR OOCYTES DONATED FOR RESEARCH PRIOR TO THE EFFECTIVE DATE
OF THIS ARTICLE CAN BE USED FOR THE PURPOSES ENUMERATED IN ANY PRIOR
CONSENTS. SUCH PREVIOUSLY SIGNED CONSENTS SHALL REMAIN IN FORCE WITH
RESPECT TO RESEARCH CONDUCTED ON SUCH EMBRYOS OR OOCYTES COVERED IN SUCH
S. 394 6
PRIOR CONSENTS. ALL EMBRYOS AND OOCYTES DONATED AFTER THE EFFECTIVE DATE
OF THIS ARTICLE SHALL BE DONATED IN ACCORDANCE WITH THE INFORMED CONSENT
PROCESS DESCRIBED IN THIS SECTION.
S 2456. PROHIBITION. 1. A PERSON MAY NOT KNOWINGLY, FOR VALUABLE
CONSIDERATION, PURCHASE OR SELL EMBRYONIC OR CADAVERIC FETAL TISSUE FOR
RESEARCH PURPOSES.
2. FOR THE PURPOSES OF THIS SECTION, "VALUABLE CONSIDERATION" DOES NOT
INCLUDE REASONABLE PAYMENT FOR THE REMOVAL, PROCESSING, DISPOSAL, PRES-
ERVATION, QUALITY CONTROL, STORAGE, TRANSPLANTATION, OR IMPLANTATION OF
EMBRYONIC OR CADAVERIC FETAL TISSUE OR GENETIC MATERIAL DERIVED FROM
EMBRYONIC OR CADAVERIC FETAL TISSUE.
3. EMBRYONIC OR CADAVERIC FETAL TISSUE MAY BE DONATED FOR RESEARCH
PURPOSES PURSUANT TO THIS CHAPTER.
4. PATENTS FOR EMBRYOS OR EMBRYO STEM CELL LINES SHALL BE PROHIBITED
FROM BEING APPROVED. MONETARY GAIN FROM THE INITIAL DONATION OR CREATION
OF THE STEM CELL LINE IS PROHIBITED. THERAPEUTIC TREATMENTS RESULTING
FROM STEM CELL RESEARCH ARE PERMITTED TO BE PATENTED.
5. A PERSON WHO VIOLATES THE PROVISIONS OF THIS SECTION SHALL BE GUIL-
TY OF A CLASS D FELONY.
S 2457. COMMISSION ON CLONING AND THERAPEUTIC RESEARCH. 1. THERE IS
HEREBY CREATED IN THE DEPARTMENT, THE COMMISSION ON CLONING AND THERA-
PEUTIC RESEARCH, WHICH SHALL CONSIST OF THE FOLLOWING TWELVE MEMBERS:
(A) SIX MEMBERS APPOINTED BY THE GOVERNOR;
(B) TWO MEMBERS APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE;
(C) TWO MEMBERS APPOINTED BY THE SPEAKER OF THE ASSEMBLY;
(D) ONE MEMBER APPOINTED BY THE MINORITY LEADER OF THE SENATE; AND
(E) ONE MEMBER APPOINTED BY THE MINORITY LEADER OF THE ASSEMBLY.
2. OF THE MEMBERS APPOINTED TO SUCH COMMISSION,
(A) TWO MEMBERS SHALL BE PHYSICIANS LICENSED TO PRACTICE PURSUANT TO
TITLE EIGHT OF THE EDUCATION LAW;
(B) ONE MEMBER SHALL BE A HEALTH CARE PROVIDER LICENSED TO PRACTICE
PURSUANT TO TITLE EIGHT OF THE EDUCATION LAW, OTHER THAN A PHYSICIAN;
(C) ONE MEMBER SHALL BE A WOMEN'S HEALTH ADVOCATE;
(D) ONE MEMBER SHALL BE A CURRENT OR FORMER PATIENT INVOLVED IN
FERTILITY TREATMENTS;
(E) TWO MEMBERS SHALL BE CURRENT PATIENTS UNDER CARE FOR TWO DIFFERENT
DISEASES, DISORDERS OR DISABILITIES FOR WHICH STEM CELL RESEARCH HOLDS
PROMISE FOR TREATMENT OR CURE;
(F) ONE MEMBER SHALL BE A SCIENTIST INVOLVED IN ADULT STEM CELL
RESEARCH;
(G) ONE MEMBER SHALL BE A PUBLIC HEALTH ATTORNEY OR ADVOCATE;
(H) TWO MEMBERS SHALL BE SCIENTISTS INVOLVED IN THERAPEUTIC CLONING
RESEARCH; AND
(I) ONE MEMBER SHALL BE A MEDICAL ETHICIST. THE MEDICAL ETHICIST
SHOULD MEET ONE OF THE FOLLOWING CRITERIA: A MINIMUM OF FIVE YEARS
SERVICE ON AN ETHICS BOARD AT A HOSPITAL OR ACADEMIC MEDICAL INSTITU-
TION; ONE YEAR MINIMUM EMPLOYMENT AS A BIO-ETHICIST; CONTRIBUTED THREE
OR MORE ARTICLES TO PEER REVIEWED PUBLICATIONS; AN UNDERGRADUATE DEGREE
IN MEDICAL ETHICS AND TWO YEARS EXPERIENCE ON AN ETHICS BOARD; OR A
GRADUATE DEGREE IN MEDICAL ETHICS.
3. THE COMMISSION SHALL BE APPOINTED TO REFLECT THE COMPOSITION OF THE
STATE WITH RESPECT TO ITS GENDER AND MINORITY POPULATIONS.
4. OF THE MEMBERS INITIALLY APPOINTED BY THE GOVERNOR, EACH MEMBER
SHALL BE APPOINTED TO SERVE A TWO YEAR TERM. OF THE MEMBERS INITIALLY
APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF
THE ASSEMBLY, EACH MEMBER SHALL BE APPOINTED TO SERVE A THREE YEAR TERM.
S. 394 7
OF THE MEMBERS INITIALLY APPOINTED BY THE MINORITY LEADERS OF THE SENATE
AND ASSEMBLY, EACH MEMBER SHALL SERVE A FOUR YEAR TERM. AFTER SUCH
INITIAL APPOINTMENTS, THE TERM FOR MEMBERS OF SUCH COMMISSION SHALL BE
FOUR YEARS; PROVIDED, HOWEVER, THAT THE TWO MEMBERS REPRESENTING
PATIENTS FROM THE DISEASE, DISORDER OR DISABILITY COMMUNITY, AS PROVIDED
IN PARAGRAPH (E) OF SUBDIVISION TWO OF THIS SECTION, SHALL BE APPOINTED
TO SERVE A TWO YEAR TERM. ANY MEMBER APPOINTED TO SUCH COMMISSION MAY
BE REAPPOINTED FOR ADDITIONAL TERMS.
5. ANY MEMBER CHOSEN TO FILL A VACANCY CREATED OTHERWISE THAN BY EXPI-
RATION OF TERM SHALL BE APPOINTED BY THE ORIGINAL APPOINTING AUTHORITY
FOR THE UNEXPIRED TERM OF THE MEMBER HE OR SHE IS TO SUCCEED. ANY SUCH
VACANCY SHALL BE FILLED IN THE SAME MANNER AS THE ORIGINAL APPOINTMENT.
6. THE COMMISSION SHALL MEET AT LEAST FOUR TIMES EACH YEAR AND MAY
ESTABLISH ITS OWN RULES AND PROCEDURES CONCERNING THE CONDUCT OF ITS
MEETINGS AND OTHER AFFAIRS NOT INCONSISTENT WITH LAW. MEMBERS SHALL
SERVE WITHOUT SALARY BUT SHALL BE ENTITLED TO REIMBURSEMENT OF THEIR
ORDINARY AND NECESSARY TRAVEL EXPENSES.
7. NO MEMBER OF SUCH COMMISSION SHALL BE DISQUALIFIED FROM HOLDING ANY
PUBLIC OFFICE OR EMPLOYMENT, NOR SHALL HE OR SHE FORFEIT ANY SUCH OFFICE
OR EMPLOYMENT, BY REASON OF HIS OR HER APPOINTMENT UNDER THIS SECTION,
AND MEMBERS OF SUCH COMMISSION SHALL NOT BE REQUIRED TO TAKE AND FILE
OATHS OF OFFICE BEFORE SERVING ON SUCH COMMISSION. MEMBERS OF SUCH
COMMISSION SHALL RECEIVE NO COMPENSATION FOR THEIR SERVICES BUT SHALL BE
ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE
OF THEIR FUNCTIONS UNDER THIS SECTION.
8. THE COMMISSION MAY EMPLOY AND AT ITS PLEASURE REMOVE SUCH PERSONNEL
AS IT MAY DEEM NECESSARY FOR THE PERFORMANCE OF ITS FUNCTIONS AND FIX
THEIR COMPENSATION WITHIN THE AMOUNTS MADE AVAILABLE BY APPROPRIATION.
SUCH COMMISSION MAY MEET AND HOLD PUBLIC AND/OR PRIVATE HEARINGS WITHIN
THE STATE.
9. FOR THE ACCOMPLISHMENT OF ITS PURPOSES, THE COMMISSION SHALL BE
AUTHORIZED AND EMPOWERED TO UNDERTAKE ANY STUDIES, INQUIRIES, SURVEYS OR
ANALYSES IT MAY DEEM RELEVANT THROUGH ITS OWN PERSONNEL OR IN COOPER-
ATION WITH OR BY AGREEMENT WITH ANY OTHER PUBLIC OR PRIVATE AGENCY.
10. SUCH COMMISSION SHALL:
(A) KEEP UP-TO-DATE ON SCIENTIFIC TECHNOLOGICAL ADVANCES, AND SOCIETAL
AND ETHICAL ISSUES WHICH WILL IMPACT THE DIRECTION OF STEM CELL
RESEARCH.
(B) FORMULATE PRIORITIES TO MAXIMIZE THE IMPACT OF STEM CELL RESEARCH
IN NEW YORK STATE BASED UPON THE GOALS OF SCIENTIFIC ADVANCEMENT, THERA-
PEUTIC PROMISE, AND LOCAL ECONOMIC DEVELOPMENT.
(C) MAKE RECOMMENDATIONS TO THE LEGISLATURE REGARDING CHANGES TO THIS
ARTICLE AND OTHER STATE LAWS NECESSARY TO PROMOTE SCIENTIFIC INQUIRY AND
PROTECT HUMAN SUBJECTS WHO DONATE GENETIC MATERIAL OR WHO PARTICIPATE IN
THERAPEUTIC TRIALS.
(D) CONSULT WITH THE DEPARTMENT REGARDING REGULATION AND OVERSIGHT OF
FERTILITY CLINICS AND RESEARCHERS.
(E) EXPLORE THE NECESSITY FOR CREATING A SYSTEM, INCLUDING THE DEVEL-
OPMENT OF AN EMBRYONIC REGISTRY, TO FURTHER FACILITATE THE PROCESS OF
TRANSFERRING DONATED MATERIALS.
(F) WRITE GUIDELINES FOR THE ESTABLISHMENT OF A REGISTRY OF CLONED
EMBRYOS TO BE OVERSEEN BY THE DEPARTMENT, THE PURPOSE OF WHICH IS TO
STRICTLY GOVERN THE USE OF CLONING TECHNOLOGY AND LIMIT IT TO THERAPEU-
TIC RATHER THAN REPRODUCTIVE GOALS.
(G) INVESTIGATE EMERGING ISSUES RELATED TO DONATED GENETIC MATERIAL
AND STEM CELL RESEARCH, INCLUDING, BUT NOT LIMITED TO: THE RANGE OF
S. 394 8
GENETIC DIVERSITY AVAILABLE THROUGH FERTILITY CLINICS AND THE NEED FOR
ADDITIONAL DONORS, AND THE ACCESS TO CLINICAL TRIALS AND DEVELOPING
TREATMENTS FOR MINORITY AND ECONOMICALLY DISADVANTAGED INDIVIDUALS.
(H) WORK WITH THE DEPARTMENT TO DEVELOP INFORMED CONSENT PROCEDURES
AND REGULATIONS FOR THE DONATION OF GENETIC MATERIAL OUTSIDE THE CONTEXT
OF FERTILITY CLINICS SHOULD THE NEED FOR ADDITIONAL DONATED MATERIAL
ARISE.
11. SUCH COMMISSION SHALL MAKE A PUBLIC REPORT ANNUALLY TO THE GOVER-
NOR, THE SENATE AND THE ASSEMBLY OF ITS FINDINGS, CONCLUSIONS, PROPOSALS
AND RECOMMENDATIONS AS PROVIDED IN SUBDIVISION TEN OF THIS SECTION, NOT
LATER THAN DECEMBER FIRST OF EACH YEAR, ON ITS FINDINGS, CONCLUSIONS,
PROPOSALS AND RECOMMENDATIONS AND SHALL SUBMIT WITH ITS REPORTS SUCH
LEGISLATIVE PROPOSALS AS IT DEEMS NECESSARY TO IMPLEMENT ITS PROPOSALS
AND RECOMMENDATIONS.
12. ALL STATE AGENCIES ARE HEREBY AUTHORIZED AND DIRECTED TO PROVIDE
ASSISTANCE AND AVAILABLE RESOURCES, AS REQUESTED BY SUCH COMMISSION, IN
ORDER TO EFFECTUATE THE PURPOSES OF THIS SECTION.
S 2458. HUMAN REPRODUCTIVE CLONING PROHIBITED. 1. FOR THE PURPOSES OF
THIS SECTION, "HUMAN REPRODUCTIVE CLONING" MEANS THE PRACTICE OF CREAT-
ING OR ATTEMPTING TO CREATE A HUMAN BEING BY TRANSFERRING THE NUCLEUS
FROM A HUMAN CELL FROM WHATEVER SOURCE INTO A HUMAN OR NONHUMAN EGG CELL
FROM WHICH THE NUCLEUS HAS BEEN REMOVED FOR THE PURPOSE OF CREATING A
NEW HUMAN BEING, OR TO IMPLANT THE RESULTING PRODUCT TO INITIATE A PREG-
NANCY WHICH COULD RESULT IN THE BIRTH OF A HUMAN BEING.
2. NO PERSON SHALL KNOWINGLY ENGAGE OR ASSIST, DIRECTLY OR INDIRECTLY,
IN HUMAN REPRODUCTIVE CLONING.
3. A PERSON WHO VIOLATES THE PROVISIONS OF THIS SECTION SHALL BE GUIL-
TY OF A CLASS B FELONY AND SHALL BE SUBJECT TO A FINE OF UP TO TWO
HUNDRED FIFTY THOUSAND DOLLARS.
S 2459. STATE FUNDING. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF
LAW, MONIES APPROPRIATED FOR THE PURPOSE OF THERAPEUTIC RESEARCH MAY BE
USED FOR STEM CELL, EMBRYONIC, AND FETAL TISSUE RESEARCH.
S 2460. SEPARABILITY. IF ANY CLAUSE, SENTENCE, PARAGRAPH, SECTION OR
PART OF THIS ARTICLE SHALL BE ADJUDGED BY ANY COURT OF COMPETENT JURIS-
DICTION TO BE INVALID AND AFTER EXHAUSTION OF ALL FURTHER JUDICIAL
REVIEW, THE JUDGMENT SHALL NOT AFFECT, IMPAIR, OR INVALIDATE THE REMAIN-
DER THEREOF, BUT SHALL BE CONFINED IN ITS OPERATION TO THE CLAUSE,
SENTENCE, PARAGRAPH, SECTION, OR PART OF THIS ARTICLE DIRECTLY INVOLVED
IN THE CONTROVERSY IN WHICH THE JUDGMENT SHALL HAVE BEEN RENDERED.
S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided that the commissioner of health is
authorized to promulgate any and all rules and regulations and take any
other measures necessary to implement this act on its effective date on
or before such date.