United States of
America: Stem Cell Policies by State
Introduction
There is currently little federal legislation regarding hESC research in the USA. The most recent federal actions regulate eligibility of this research for federal funding rather than the research itself. In 2001, President George W. Bush ruled that federal funds may only be used for hESC research using specified pre-existing lines, now known as the ‘presidential’ hESC lines, and that no federal funds may be used to create new hESC lines. Legislation to expand the hESC research eligible for federal funding passed the House of Representatives and the Senate in 2006 but drew a Presidential veto. These efforts were renewed in early 2007 and remain underway. Read about ‘The Stem Cell Research Enhancement Act’.
In addition
to federal legislation, research within the USA is
subject to the laws of the individual fifty
states. The issue of hESC research and the funding
made available by the particular state for this research
has
been taken up independently by many states. Both federal
and state policies are undergoing significant review.
To view the policies of each state see the state-by-state
table.
Policies on hESC cell research vary greatly
from state to state. Since the first reports of hESC
lines
in 1998,
some states, often those more permissive, have implemented
or are considering specific legislation regarding hESC
research. Some state laws that were passed prior to
1998, designed to oversee other procedures such as abortion
or IVF, may be confusing in the context of hESC research
and if strictly interpreted impose restrictions. This
includes some abortion and fetal research statutes
(e.g.,
in Minnesota, Pennsylvania, Rhode Island) in which
definitions of embryo, fetus, or “unborn child” have
been interpreted by some, but not others, to restrict
or prohibit any research use of human embryos.
Another
contentious issue is NT, in which the DNA is removed
from an oocyte and replaced with DNA from another
cell, a technology researchers hope to use to develop
patient-specific hESC lines and disease models. This
is also referred to as somatic cell nuclear transfer
(SCNT), as the current application of this technology
transfers DNA taken from a somatic cell (any cell that
is not an egg or sperm).
With the current restrictions
on the use of federal funding for research to derive
new hESC lines or to use
hESC lines created after August 2001, some states have
taken initiatives or are considering action to promote
this research. These actions have included laws passed
by the state legislatures, voter ballot initiatives,
and executive orders by state governors. Some states
such as California, Connecticut, Massachusetts and
New Jersey have enacted laws to expressly permit hESC
and
NT research, and in general these laws provide guidelines
and limitations. In addition, some states such as California,
Connecticut, Maryland, Massachusetts and New Jersey
have agreed to provide financial support for the research;
New Jersey made its first stem cell grant awards in
December
2005, Illinois followed in April 2006 and Connecticut
in November, 2006.
Resources
The primary source of the information on existing and
pending legislation included in the table is the
National Conference of State Legislatures (NCSL,
see link);
note that the categories used in NCSL website tables
are different from those used here (e.g., “Restricts
research on fetus or embryo resulting from sources
other than abortion” is broader than the more
restrictive considerations for hESC and NT research
in this table). Anyone with specific questions about
the potential impact of existing laws on research
within specific states, especially in cases in which
legislative
intent did not consider the use of embryos for stem
cell research, should consult the National Conference
of State Legislatures (NCSL, see link below) and
speak with the appropriate offices at individual
research
institutions. Information about state initiatives
for cord blood and placental stem cell research is
not
included in the table.
Links
US State Research Laws
National Conference of State
Legislatures – State
Embryonic and Fetal Research Legislation http://www.ncsl.org/programs/health/genetics/embfet.htm
National
Conference of State Legislatures – Human
Cloning Legislation
http://www.ncsl.org/programs/health/genetics/rt-shcl.htm
National
Conference of State Legislatures – Pending
Legislation http://www.ncsl.org/programs/health/genetics/geneticsDB.cfm (search for “Research Issues”)
Coalition
for the Advancement of Research Medicine (CAMR)
http://www.stemcellfunding.org/action_in_the_states.aspx
US
Federal Research Laws
Coalition for the Advancement
of Research Medicine (CAMR)
http://www.stemcellfunding.org/federal_legislation.aspx
Nuclear transfer is a technique in which
the nucleus of a somatic cell (any cell of the body apart
from the sperm or egg) is transferred into an egg that
has had its original nucleus removed. The egg now has
the same DNA, or genetic material, as the donor somatic
cell. Given the right signals, the egg can be coaxed
into developing as if it had been fertilized. The egg
would divide to form two cells, then four cells, then
eight cells and so on until the blastocyst is formed.
Embryonic stem cells can be derived from this blastocyst
to create cell lines that are genetically identical to
the donor somatic cell. NT may also be referred to as
Somatic Cell Nuclear Transfer (SCNT) in other literature. Acknowledgements
The ISSCR thanks Ann Carroll for the collation and
descriptions of USA state legislations and ongoing
support of these
pages
Ann Carroll
ISSCR Public Education Committee
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