06 SB596/CSFA/3
Senate
Bill 596
By:
Senators Shafer of the 48th, Cagle of the 49th, Carter of the 13th, Kemp of the
46th, Whitehead, Sr. of the 24th and others
AS
PASSED SENATE
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 create the Newborn Umbilical Cord Blood Bank for
postnatal tissue and fluid; to provide for donations and information concerning
donations; to provide for certain procedures and costs and fees associated with
such bank; to provide for the creation of the Georgia Commission for the Newborn
Umbilical Cord Blood Initiative and the membership, appointment, terms of
office, and duties of such commission; to provide for certain funding
mechanisms; 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 "Delivering the Cure: Newborn
Umbilical Cord Blood Initiative Act." This Act may also be known and cited as
Keone’s Law.
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)
Over 100 million Americans and two billion other humans worldwide suffer from
diseases that may eventually be treated more effectively or even cured with stem
cells;
(2)
Stem cell research has been hampered by the controversy over embryonic stem
cells;
(3)
Stem cells are not found only in embryos;
(4)
The umbilical cord, placenta, and amniotic fluid are rich in stem cells which
may be used for scientific research and medical treatment without destroying
embryos;
(5)
Stem cell research using stem cells from postnatal tissue and fluid has already
resulted in treatments for anemia, leukemia, lymphoma, lupus, multiple
sclerosis, rheumatoid arthritis, sickle cell disease, spinal cord injury, and
Crohńs
disease;
(6)
Stem cell therapies using stem cells from postnatal tissue and fluid are being
studied for diseases as wide-ranging and diverse as corneal degeneration, heart
disease, stroke,
Parkinsońs
disease, and
Alzheimeŕs
disease; and
(7)
It shall be the public policy of this state to encourage the donation,
collection, and storage of stem cells collected from postnatal tissue and fluid
and to make such stem cells available for both scientific research and medical
treatment. It shall be the public policy of this state to encourage ethical
research in life science and regenerative medicine.
31-46-2.
As
used in this chapter, the term:
(1)
'Amniotic fluid' means the fluid inside the amnion.
(2)
'Embryo' means a living organism of the species homo sapiens from the
single-celled stage to eight
weekś
development.
(3)
'Fetus' means a living organism of the species homo sapiens from eight
weekś
development until complete expulsion or extraction from a
womańs
body or until removal from an artificial womb or other similar environment
designed to nurture the development of such organism.
(4)
'Placenta' means the organ that forms on the inner wall of the human uterus
during pregnancy.
(5)
'Postnatal tissue and fluid' means the placenta, umbilical cord, and amniotic
fluid expelled or extracted in connection with the birth of a human
being.
(6)
'Somatic cell' means a diploid cell having a complete set of chromosomes
obtained or derived from a living or deceased human body at any stage of
development.
(7)
'Stem cells' means unspecialized or undifferentiated cells that can
self-replicate and have the potential to differentiate into specialized cell
types.
(8)
'Umbilical cord' means the gelatinous tissue and blood vessels connecting an
unborn human being to the placenta.
31-46-3.
(a)
Not later than June 30, 2007, the Georgia Commission for the Newborn Umbilical
Cord Blood Initiative, as created in Code Section 31-46-4, shall establish a
network of postnatal tissue and fluid banks in partnership with one or more
public or private colleges or universities, public or private hospitals,
nonprofit organizations, or private firms in this state for the purpose of
collecting and storing postnatal tissue and fluid. The bank network, which
shall be known as the Newborn Umbilical Cord Blood Bank, shall make such tissue
and fluid available for scientific research and medical treatment in accordance
with this chapter. Any person giving birth to a child in Georgia may contribute
postnatal tissue and fluid to the Newborn Umbilical Cord Blood
Bank.
(b)
Beginning June 30, 2007, all physicians and hospitals in this state shall inform
pregnant patients of the opportunity to donate postnatal tissue and fluid to the
Newborn Umbilical Cord Blood Bank no later than 30 days from the commencement of
the
patient́s
third trimester of pregnancy or at the first consultation between the attending
physician or the hospital, whichever is later; provided, however, that this
subsection shall not be construed to require the participation of any physician
who objects to the transfusion or transplantation of blood on the basis of bona
fide religious beliefs.
(c)
Persons seeking postnatal tissue and fluid from the Newborn Umbilical Cord Blood
Bank for scientific research and medical treatment shall enter into an agreement
with the bank to offset the costs associated with the bank as well as the
expenses incurred in the collection and storage of the postnatal tissue and
fluid.
(d)
Nothing in this Code section shall be construed to prohibit a person from
donating postnatal tissue or fluid to a private blood and tissue bank or storing
postnatal tissue or fluid with a private blood and tissue bank.
(e)
Any college or university, hospital, nonprofit organization, or private firm
participating in the Newborn Umbilical Cord Blood Bank shall have or be subject
to an institutional review board which shall be available on an ongoing basis to
review the research procedures and conduct of any person desiring to conduct
research with postnatal tissue and blood from the bank. The institutional
review board shall establish procedures to protect and ensure the privacy rights
of postnatal tissue and fluid donors consistent with applicable federal
guidelines.
31-46-4.
(a)
There is created the Georgia Commission for the Newborn Umbilical Cord Blood
Initiative which shall consist of 15 members appointed as provided in this Code
section.
(b)
Seven members shall be appointed by the Governor, one of whom shall be a
representative of a public college, university, or medical school. The Governor
shall appoint four members to serve initial terms of three years and three
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. If the chief executive officer of the Georgia Research Alliance is
not appointed by the Governor or any other appointing authority to serve on the
commission, he or she shall serve as an advisory member.
(c)
Four members shall be appointed by the Lieutenant Governor or, if the Lieutenant
Governor belongs to a political party other than the political party to which a
majority of the members of the Senate belong, by the Senate Committee on
Assignments. Of these four members, there shall be at least one of each of the
following: a physician licensed to practice medicine in this state; a recognized
medical ethicist with an accredited degree in medicine, medical ethics, or
theology; a scientific researcher in stem cell research; and an attorney with
experience in public health or biotechnology law. The Lieutenant Governor or
Senate Committee on Assignments shall appoint two 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)
Four members shall be appointed by the Speaker of the House of Representatives.
Of these four members, there shall be at least one of each of the following: a
physician licensed to practice medicine in this state; a recognized medical
ethicist with an accredited degree in medicine, medical ethics, or theology; 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 two 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 oversee the operations of the Newborn Umbilical Cord Blood Bank established
in Code Section 31-46-3, including approving all fees established to cover
administration, collection, and storage costs;
(4)
To undertake the Newborn Umbilical Cord Blood Initiative by promoting awareness
of the Newborn Umbilical Cord Blood Bank and encouraging donation of postnatal
tissue and fluid to the bank;
(5)
To ensure the privacy of persons who donate umbilical cord blood and placental
tissue to the Newborn Umbilical Cord Blood Bank pursuant to subsection (a) of
Code Section 31-46-3 consistent with applicable federal guidelines;
(6)
To develop a plan for making postnatal tissue and fluid collected under the
Newborn Umbilical Cord Blood Initiative available for scientific research and
medical treatment;
(7)
To develop a plan for private storage of postnatal tissue and fluid for medical
treatment or to make potential donors aware of private storage options for said
tissue and fluid as deemed in the public interest;
(8)
To participate in the National Cord Blood Program and to register postnatal
tissue and fluid collected with registries operating in connection with the
program;
(9)
To employ such staff and to enter into such contracts as may be necessary to
fulfill its duties and responsibilities under this chapter subject to funding by
the General Assembly; and
(10)
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 shall provide for protection from disclosure of the identity of
persons making donations to the Newborn Umbilical Cord Blood Bank pursuant to
subsection (a) of Code Section 31-46-3.
(i)
The commission may request additional funding from any additional source
including, but not limited to, federal and private grants.
(j)
The commission may establish a separate not for profit organization or
foundation for the purposes of supporting the Newborn Umbilical Cord Blood Bank
established pursuant to Code Section
31-46-3."
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 nonembryonic stem cell research through the Georgia Commission for
the Newborn Umbilical Cord Blood Initiative by donating either 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 for the
Newborn Umbilical Cord Blood
Initiative."
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.