07
SB148/AP
Senate
Bill 148
By:
Senators Shafer of the 48th, Staton of the 18th, Thomas of the 54th, Rogers of
the 21st, Heath of the 31st and others
AS
PASSED
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 the creation of the Georgia Commission for Saving the
Cure 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 that
stem cell research funds shall only be used for certain purposes; 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 "Saving the Cure 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:
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 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
medical research and treatment; to promote principled and ethical stem cell
research; and to encourage stem cell research with immediate clinical and
medical applications.
31-46-2.
As
used in this chapter, the term:
(1)
'Amniotic fluid' means the fluid inside the amnion.
(2)
'Permitted stem cell research' means stem cell research permitted under federal
law and Senate Resolution 30, the 'Hope Offered through Principled and Ethical
Stem Cell Research Act,' as approved by the United States Senate on April 11,
2007.
(3)
'Placenta' means the organ that forms on the inner wall of the human uterus
during pregnancy.
(4)
'Postnatal tissue and fluid' means the placenta, umbilical cord, and amniotic
fluid expelled or extracted in connection with the birth of a human
being.
(5)
'Stem cells' means unspecialized or undifferentiated cells that can self-renew
and have the potential to differentiate into specialized cell
types.
(6)
'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, 2008, the Georgia Commission for Saving the Cure, 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 medical research and
treatment in accordance with this chapter.
(b)
The Georgia Commission for Saving the Cure shall develop a program to educate
pregnant patients with respect to the banking of postnatal tissue and fluid.
The program shall include:
(1)
Notice of the existence of the Newborn Umbilical Cord Blood Bank;
(2)
An explanation of the difference between public and private banking
programs;
(3)
The medical process involved in the collection and storage of postnatal tissue
and fluid;
(4)
The current and potential future medical uses of stored postnatal tissue and
fluid;
(5)
The benefits and risks involved in the banking of postnatal tissue and fluid;
and
(6)
The availability and cost of storing postnatal tissue and fluid in public and
private umbilical cord blood banks.
(c)
Beginning June 30, 2009, all physicians and hospitals in this state shall inform
pregnant patients of the full range of options for donation of postnatal tissue
and fluids no later than 30 days from the commencement of the patient´s
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.
(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 fluid 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 Saving the Cure which shall consist
of 15 members appointed as provided in this Code section. The commission shall
be assigned to the Division of Public Health of the Department of Human
Resources for administrative purposes only, as prescribed in Code Section
50-4-3.
(b)
Seven members shall be appointed by the Governor. 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 medical researcher in permitted stem cell research; and an attorney
with experience in health policy 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
medical researcher in permitted stem cell research; and an attorney with
experience in health policy 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, 2007. Appointments shall be made by the
respective appointing authorities no later than June 15, 2007. Thereafter,
appointments of successors shall be made by the respective appointing authority
no later than June 1 of the year in which the member´s 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 Saving the Cure 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 postnatal tissue and fluid 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
Saving the Cure initiative available for medical research and treatment and to
ensure compliance with all relevant national practice and quality standards
relating to such use;
(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 make grants and enter into agreements to support permitted stem cell research
with immediate and clinical medical applications;
(10)
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
(11)
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.
31-46-5.
Any
public funds expended for stem cell research shall conform to the requirements
set forth in federal law and Senate Resolution 30, the 'Hope Offered through
Principled and Ethical Stem Cell Research Act,' as approved by the United States
Senate on April 11, 2007."
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 a new Code section
to read as follows:
"48-7-63.
(a)
Each Georgia income tax return form for taxable years beginning on or after
January 1, 2007, shall contain appropriate language, to be determined by
the state revenue commissioner, offering the taxpayer the opportunity to
contribute to permitted stem cell research, as defined in Code Section 31-46-2,
through the Georgia Commission for Saving the Cure 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 taxpayer´s 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 Saving
the Cure."
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, 2007.
(b) Section 3 of this Act shall apply to all taxable years beginning on and after January 1, 2007.
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.