06 LC 28
2882
Senate
Bill 537
By:
Senators Adelman of the 42nd, Brown of the 26th, Golden of the 8th, Stoner of
the 6th, Seay of the 34th and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 31 of the Official Code of Georgia Annotated, relating to health, so
as to provide a short title; to provide legislative intent and findings; to
provide definitions; to provide for certain prohibitions with regard to cloning
and sale of tissues; to provide for penalties; to provide for informed consent
for donations; to create an umbilical cord and placental tissue bank; to provide
for donations and information concerning donations; to provide for certain
procedures and costs and fees associated with such bank; to provide for certain
employee protections; to provide for a review board and the membership,
appointment, terms of office, and duties of such review board; to provide for
certain funding mechanisms; to provide for related matters; to amend Article 3
of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to
income tax returns and information, so as to authorize taxpayers to make certain
contributions through the income tax payment and refund process; to provide an
effective date and for applicability; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
This
Act shall be known and may be cited as the "Search for the Cure Act of
2006."
SECTION
2.
Title
31 of the Official Code of Georgia Annotated, relating to health, is amended by
adding a new Chapter 46 to read as follows:
"CHAPTER
46
31-46-1.
The
General Assembly finds and declares that:
(1)
Research in the life sciences and regenerative medicine presents a significant
chance of yielding therapies that could relieve human suffering from disease and
injury;
(2)
Facilitating open scientific inquiry and publicly funded research will be
essential to realizing the promise of biomedical research and maintaining this
statés
leadership in biomedicine and biotechnology which will also benefit the
statés
economy;
(3)
It is the public policy of this state that research involving the derivation and
use of human embryonic stem cells (including somatic cell nuclear transfer,
parthenogenesis, and other asexual means), human adult stem cells from any
source, human embryonic stem cells, umbilical cord stem cells, parthenotes, and
placental cells shall be permitted in this state, shall be conducted with full
consideration of the ethical and medical implications of such research, and
shall be reviewed by an institutional review board operating in accordance with
all applicable federal regulations; and
(4)
It is against the public policy of this state to perform human reproductive
cloning.
31-46-2.
As
used in this chapter, the term:
(1)
'Embryo' means an organism of the species homo sapiens whether formed by
fertilization, somatic cell nuclear transfer, parthenogenesis, or other
means.
(2)
'Gamete' means a sperm or oocyte.
(3)
'Human adult stem cells' means undifferentiated cells found in differentiated
tissues that can renew themselves and differentiate to yield specialized cell
types.
(4)
'Human cloning' means the asexual genetic replication of a human being by
transferring a preimplantation embryo that has been created by somatic cell
nuclear transfer, parthenogenesis, or by other asexual means into a uterus or
uterine-like environment with the purpose of creating a human fetus or a human
child.
(5)
'Parthenote' means the product of egg development without
fertilization.
(6)
'Placental cells' means cells obtained from a placenta.
(7)
'Somatic cell' means a nongamete cell obtained or derived from a living or
deceased human being.
(8)
'Somatic cell nuclear transfer' means the technique in which the nucleus of an
oocyte is replaced with the nucleus of a somatic cell.
(9)
'Stem cells' means unspecialized or undifferentiated cells that can
self-replicate and have the potential to differentiate into specialized cell
types.
(10)
'Umbilical cord cells' means cells derived from an umbilical cord.
(11)
'Valuable consideration' means any consideration, excluding reimbursement for
reasonable costs incurred in connection with a donation including costs
associated with the removal, processing, disposal, preservation, quality
control, storage, transplantation, or implantation of gametes or embryonic or
cadaveric fetal tissue.
31-46-3.
(a)
Embryonic and cadaveric fetal tissue may not be bought, sold, or otherwise
transferred for valuable consideration. Embryonic and cadaveric fetal tissue
may be donated in accordance with the provisions of Code Section
31-46-5.
(b)
Any person who knowingly violates subsection (a) of this Code section shall be
guilty of a felony and, upon conviction, shall be sentenced to serve not less
than one nor more than five
yearś
imprisonment or pay a fine not to exceed $100,000.00, or both.
(c)
Any person who knowingly engages or assists, directly or indirectly, in human
reproductive cloning shall be guilty of a felony and, upon conviction, shall be
sentenced to serve not less than one nor more than ten
yearś
imprisonment or pay a fine not to exceed $100,000.00, or both. In addition, all
profits from such activity shall be declared to be contraband and shall be
forfeited to the state.
31-46-4.
(a)
A physician or other health care provider who is treating a patient for
infertility shall provide the patient with timely, relevant, and appropriate
information sufficient to allow that person to make an informed and voluntary
choice regarding the disposition of any human embryos remaining following the
infertility treatment.
(b)
A person to whom information is provided pursuant to subsection (a) of this Code
section shall be presented with the option of storing, donating to another
person, donating to research, or other means of disposition of any human embryos
remaining following treatment for infertility.
(c)
A person who donates embryos for research purposes must provide written consent
for such donation.
31-46-5.
(a)
Not later than June 30, 2007, the Georgia Commission on Biomedical Research, as
created in Code Section 31-46-7, shall establish a public umbilical cord and
placental tissue bank in partnership with one or more of the public colleges or
universities in this state for the purpose of collecting and storing placental
tissue, umbilical cord blood, and donated embryos for which written consent has
been obtained pursuant to Code Section 31-46-4. The bank shall make the tissue
and blood available for research in accordance with this chapter.
(b)
Beginning June 30, 2007, all physicians and hospitals in this state shall inform
pregnant patients no later than 30 days from the commencement of the
patient́s
third trimester of pregnancy of the opportunity to donate placental tissue and
umbilical cord blood to the bank.
(c)
Institutions desiring to conduct research with tissue and blood from the bank
shall enter into an agreement with the bank to cover all administrative costs
and fees associated with the bank as well as the expenses incurred in the
collection and storage of the tissue and blood.
(d)
Nothing in this Code section shall be construed to prohibit a patient from
donating to a private blood and tissue bank.
(e)
Any institution that houses the tissue bank shall have an institutional review
board established which shall be available on an ongoing basis to review the
research procedures and conduct of any institution or researcher desiring to
conduct research with tissue and blood from the bank. Such institutional review
board shall be established not later than June 30, 2007. The institutional
review board shall establish procedures to protect and ensure the privacy rights
of blood and tissue donors.
(f)
Institutions and researchers receiving federal funds for stem cell research
shall be eligible to apply to use tissue and blood from the bank. The
institutional review board shall verify that the federal government has
authorized such research and, upon verifying such authorization, shall grant the
application.
31-46-6.
(a)
An employee shall not be required to conduct any scientific research,
experimentation, or study that involves the creation or use of preimplantation
embryos in relation to human embryonic stem cell research to the extent that
such research, experimentation, or study conflicts with the sincerely held
religious practices or beliefs of the employee.
(b)
An institution conducting research pursuant to this chapter shall not take any
retaliatory action against an employee because the employee:
(1)
Disclosed or threatened to disclose that the institution is in violation of any
of the provisions of this chapter; or
(2)
Objected to or refused to participate in any activity, policy, or practice that
the employee reasonably believes is in violation of any of the provisions of
this chapter.
(c)
The protection against retaliatory action shall not apply to the public
disclosure of confidential or proprietary information, trade secrets, or other
confidential materials unless such confidential disclosure is made by the
employee directly to and exclusively with the office of the Attorney General or
a prosecuting attorney or the Georgia Commission on Biomedical Research. The
Georgia Commission on Biomedical Research shall not publicly disclose any such
confidential information, but shall immediately submit the information to the
Attorney General.
(d)
Any employee aggrieved by a violation of this Code section may, within two years
of the occurrence of such violation, file a complaint with the Attorney General,
who may bring an action in the name of the state against the institution alleged
to have violated this Code section. The Attorney General shall notify the
complainant in writing within 90 days after receiving such complaint whether the
Attorney General intends to bring such an action in the name of the state. If
the Attorney General declines to bring an action based upon the complaint filed,
the aggrieved employee may, within one year after such notification by the
Attorney General, institute an action in the superior court. All remedies
available in common law tort actions shall be available to prevailing
plaintiffs. In addition to any other legal or equitable relief provided, the
court may:
(1)
Issue temporary restraining orders or preliminary or permanent injunctions to
restrain continued violations of this Code section;
(2)
Reinstate the employee to the same position held before the retaliatory action
or to an equivalent position;
(3)
Reinstate full fringe benefits and seniority rights to the
employee;
(4)
Compensate the employee for three times the lost wages, benefits, and other
remuneration and interest thereon; and
(5)
Order payment by the institution of reasonable costs and
attorneýs
fees.
(e)
In any action brought by an employee under this Code section, if the court finds
that such was without basis in law or in fact, the court may award reasonable
attorneýs
fees and court costs to the institution.
(f)
An employee shall not be assessed
attorneýs
fees under subsection (e) of this Code section if, after exercising reasonable
and diligent efforts after bringing an action, the employee moves to dismiss the
action against the institution or files a notice agreeing to a voluntary
dismissal within a reasonable time after determining that the institution would
not be found liable for damages.
(g)
Nothing in this Code section shall be deemed to diminish the rights, privileges,
or remedies of any employee under any other federal or state law or regulation
or under any collective bargaining agreement or employment contract; provided,
however, that instituting a private action under subsection (d) of this Code
section shall be deemed a waiver by the plaintiff of the rights and remedies
available to him or her for the actions of the institution under any other
contract; collective bargaining agreement; state law, rule, or regulation; or
the common law.
(h)
An institution shall publicly display notices reasonably designed to inform its
employees of their protection and obligations under this Code section and use
other appropriate means to keep its employees so informed. Each notice posted
pursuant to this subsection shall include the name of the person or persons the
institution has designated to receive written notification of a suspected
violation of this chapter.
31-46-7.
(a)
There is created the Georgia Commission on Biomedical Research which shall
consist of 15 members appointed as provided in this Code section.
(b)
Five members shall be appointed by the Governor, one of whom shall be an
employee of an institution selected to house the tissue bank established in Code
Section 31-46-5 and one of whom shall be a representative of a public or private
university or medical school. The Governor shall appoint three members to serve
initial terms of three years and two members to serve initial terms of two
years. Thereafter, successors to such initial appointees shall serve terms of
three years. The Governor shall designate one of the persons so appointed to be
the chairperson of the commission.
(c)
Five members shall be appointed by the Lieutenant Governor. Of these five
members, there shall be at least one of each of the following: a physician
licensed to practice medicine in this state, a medical ethicist, a scientific
researcher in stem cell research, and an attorney with experience in public
health or biotechnology law. The Lieutenant Governor shall appoint three
members to serve initial terms of three years and two members to serve initial
terms of two years. Thereafter, successors to such initial appointees shall
serve terms of three years.
(d)
Five members shall be appointed by the Speaker of the House of Representatives.
Of these five members, there shall be at least one of each of the following: a
physician licensed to practice medicine in this state, a medical ethicist, a
scientific researcher in stem cell research, and an attorney with experience in
public health or biotechnology law. The Speaker of the House of Representatives
shall appoint three members to serve initial terms of three years and two
members to serve initial terms of two years. Thereafter, successors to such
initial appointees shall serve terms of three years.
(e)
Members of the commission shall be eligible to succeed themselves. The initial
terms of office shall begin on July 1, 2006. Appointments shall be made by the
respective appointing authorities no later than June 15, 2006. Thereafter,
appointments of successors shall be made by the respective appointing authority
no later than June 1 of the year in which the
membeŕs
term of office expires. Vacancies shall be filled for the unexpired term by the
respective appointing authority.
(f)
The commission shall meet at least four times per year at the call of the
chairperson or upon the request of at least seven of its members.
(g)
The commission shall have the following duties and
responsibilities:
(1)
To investigate the implementation of this chapter and to recommend any
improvements to the General Assembly;
(2)
To make available to the public the records of all meetings of the commission
and of all business transacted by the commission;
(3)
To promulgate rules and regulations governing the disposition of state funding
for stem cell research and to implement the provisions of this
chapter;
(4)
To evaluate research proposals and determine which proposals shall receive state
funding;
(5)
To oversee the operations of the tissue bank established in Code Section
31-46-5, including approving all fees established to cover administration,
collection, and storage costs;
(6)
To determine the intellectual property rights of the state and the researchers
whose research is supported or funded with state funds;
(7)
To employ such staff as necessary to fulfill its duties and responsibilities
under this chapter subject to funding by the General Assembly; and
(8)
To report annually to the General Assembly in December of each year concerning
the activities of the commission with recommendations for any legislative
changes or funding necessary or desirable to fulfill the goals of this
chapter.
(h)
The commission may request additional funding from any additional source
including, but not limited to, private grants.
(i)
The commission may establish a separate not for profit organization or
foundation for the purposes of supporting the tissue bank established pursuant
to Code Section
31-46-5."
SECTION
3.
Article
3 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating
to income tax returns and information, is amended by adding at its end a new
Code Section 48-7-63 to read as follows:
"48-7-63.
(a)
Each Georgia income tax return form for taxable years beginning on or after
January 1, 2006, shall contain appropriate language, to be determined by
the state revenue commissioner, offering the taxpayer the opportunity to
contribute to stem cell research through the Georgia Commission on Biomedical
Research by either donating all or any part of any tax refund due, by
authorizing a reduction in the refund check otherwise payable, or by
contributing any amount over and above any amount of tax owed by adding that
amount to the
taxpayeŕs
payment. The instructions accompanying the income tax return form shall contain
a description of the purposes for which the commission was established and the
intended use of moneys received from the contributions. Each taxpayer required
to file a state income tax return who desires to contribute to the commission
may designate such contribution as provided in this Code section on the
appropriate income tax return form.
(b)
The Department of Revenue shall determine annually the total amount so
contributed and shall transmit such amount to the Georgia Commission on
Biomedical
Research."
SECTION
4.
(a)
This Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
(b) Section 3 of this Act shall apply to all taxable years beginning on and after January 1, 2006.
(b) Section 3 of this Act shall apply to all taxable years beginning on and after January 1, 2006.
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.