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Stem Cell Policies

United States of America: Stem Cell Policies by State

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 overturn this ruling 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’.

Despite limited legislation at the federal level, the issue of hESC research has been taken up individually by many states, and policies vary greatly across those states. For more information on USA hESC regulation and to view the policies of each state see the state-by-state table. Both federal and state policies are undergoing significant review.

 

Click here to view Country Details for the United States

About the table

This table is intended as a reference guide for those interested in public policy initiatives in any of the 50 states of the USA that directly affect hESC and NT research. It categorizes state policies according to the following categories:

  • Expressly permits embryo and/or NT research
    The state has legislation that directly permits or promotes research using these technologies
  • Prohibits embryo and/or NT research
    The state has legislation that directly restricts research using these technologies 
  • State support for research provided or restricted
    Describes state initiatives for supporting and/or funding stem cell research and within this the funding or restriction of funding for hESC and NT research
  • Pending state action (legislative, ballot initiative or executive order)
    Pending action that addresses one of the categories above

Abbreviations
hESC- human embryonic stem cell
IVF- in vitro fertilization
NT- nuclear transfer
SCNT- somatic cell nuclear transfer
NCSL- National Conference of State Legislatures
USA- United States of America

State
A | Z 		Permits Research
A | Z 		Prohibits Research
A | Z 		State Provides Support
A | Z 		Pending State Action
A | Z
Alabama No<p>No</p> No<p>No</p>    
Alaska No No    
Arizona No<p>No</p> No<p>No</p> <p>Prohibits use of public funds for NT research; bill enacted April 2005 calls for committee to study state role in stem cell research</p>  
Arkansas No YesYes - Prohibits NT    
California Yes<p>Yes - law permits hESC derivation and research, permits NT research, and use of stem cells "from any source"; requires that IVF practitioners inform clients of option to donate excess embryos for research; provides guidelines for informed consent and oocyte donation</p> No<p>No</p> <p>Proposition 71 (2004 ballot initiative) created the California Institute for Regenerative Medicine [CIRM] and allocated funds for stem cell research ($3 billion/10 years), including NT and derivation of hESC lines, prioritizing research not eligible for federal funding. While legal contests block fund sources, private donor funds have allowed some grants to be funded and in July 2006, the governor loaned $150 million to CIRM; in October 2006, CIRM issued a 10 yr strategic plan.<br /> <br /> In February 2007, CIRM announced funding of $45 million for 72 SEED grants (over two years); in March 2007, CIRM announced funding of a further $75 million for Comprehensive grants (over 4 years). For lists of grant recipients: http://www.cirm.ca.gov/</p> <p>SB711 would impose requirements for CIRM regarding intellectual property and expense audits</p> <p> </p>
Colorado No<p>No</p> No<p>No</p>   <p><font>In November, 2007, the state supreme court approved the language of an anti-abortion group's proposed ballot initiative for 2008.  The language, if passed, has implications for stem cell research. It defines a fertilized egg as a "person" entitled to "inalienable rights, equality of justice, and due process of law" under the state constitution.</font></p>
Connecticut Yes<p>Yes - law permits hESC derivation, NT research; sets guidelines for embryo and egg donation</p> No<p>No</p> <p>2005 law established state funds for stem cell research ($100 million over 10 years) and a stem cell research advisory committee to oversee fund administration; first recipients of funding announced November 2006 with grants totaling $20 million</p>  
Delaware No<p>No</p> No<p>No</p>    
Florida No<p>No</p> No<p>No</p>   <p>2008 voter ballot initiative seeks amendment of state constitution to provide state funding ($200 million over 10 years) for hESC research.</p>
Georgia No No    
Hawaii No No Legislative resolutions enacted in 2005 (1) require the Legislative Reference Bureau to study the feasibility of encouraging stem cell research in Hawaii, including ethical, scientific, and policy issues; (2) create a task group at the University of Hawaii to study the feasibility of encouraging stem cell research in Hawaii House (HB 364) and Senate (SB 1261) would establish state policy for stem cell research, permitting hESC research and requiring Hawaii University to develop a plan to establish an Institute for Regenerative Medicine by December 31, 2008.
Idaho No No    
Illinois Yes<p>Yes- a law enacted in August 2007 expressly permits hESC derivation and research ,and NT research. This law also requires the state health department to develop and administer the Illinois Regenerative Medicine Institute and requires the establishment of an oversight committee.</p> No<p>No</p> <p>A 2005 Executive Order created the Illinois Regenerative Medicine Institute; grants state funding for stem cell research, including "research that involves pluripotent, totipotent, and progenitor cells, the product of SCNT, or any combination of these cells"; prohibits state funding for creation of IVF embryos solely for research; $10 million for stem cell research grants awarded April 2006. A new 2007 budget did not specifically earmark funds though funds could be allotted separately</p> <p>House Bill (HB4463) would amend the current act regulating stem cell research to change the purpose of the Regenerative Medicine Institute and prohibit research on derivation and use of embryos as well as embryonic stem and germ cells. SB2898 would appropriate $25,000,000 from the Tobacco Settlement Recovery Fund to the Illinois Regenerative Medicine Institute in order to award grants for stem cell research.</p> <p> </p>
Indiana No YesYes - 2005 law prohibits NT; the law excludes from prohibition research using adult stem cells, fetal stem cells, and hESC lines permissable for use under federal law 2005 law prohibits use of public funds for NT; it allows Indiana University to establish an adult stem cell research center and includes a charge that the center develop strategies to promote Indiana University as a national center for this research  
Iowa No No   Governor Culver has proposed the construction of a $12.5 million Center for Regenerative Medicine.
Kansas No<p>No</p> No<p>No</p> <p>2004 law created Bioscience Authority to support bioscience research; excludes research not eligible for federal funding</p> <p>Pending bills would prohibit: destructive research on a human embryo (HB 2254);  use of state funds for NT (HB 2255); creation of animal-human hybrid embryos, including NT that involves transfer of a human nucleus into a nonhuman egg or a nonhuman nucleus into a human egg (HB 2403)</p>
Kentucky No No    
Louisiana No<p>No</p> No<p>Yes - prohibits use of IVF embryos for research</p>    
Maine No<p>No</p> No<p>No</p>   <p>LD1402 would authorize a bond issue to provide up to $20 million to “expand research in adult and embryonic stem cells” and to establish an umbilical cord bank and fund cord cell research</p>
Maryland No<p>No</p> No<p>No</p> <p>Maryland Stem Cell Research Act, 2006, establishes a process for state review of stem cell research proposals including hESC research, but prohibits state funding of research involving egg donation. The law allows the state to commit research funds annually; $15 million was allocated in 2006, grants may begin July 2006.</p>  
Massachusetts Yes<p>Yes - 2005 law established state policy to foster stem cell research, including hESC line derivation and NT research; the law fosters donation of excess IVF embryos for research and created a biomedical research advisory committee</p> No<p>No</p> <p>2006 legislation created the Center for Stem Cell Biology and Regenerative Medicine at the University of Massachusetts and appropriated $1 million for the stem cell biology core. Another enacted bill established the Massachusetts Life Sciences Center to promote research, including stem cell research, and established a fund ($10 million appropriated) for the research.</p> <p>Governor Deval announced (May 2007) a $1.25 billion proposal to support stem cell research and other life sciences; the program would establish research centers, fund university investigators, and establish a state stem cell repository</p>
Michigan No<p>No</p> No<p>Yes - Prohibits research use of live human embryo; prohibits NT</p>   <p>SB52 would amend existing state public health code to lift a prohibition of non-therapeutic research using human embryos; HB4616 would amend state public health code to allow derivation of hESCs from excess IVF embryos and blastocysts created by NT for purpose of ESC derivation</p>
Minnesota No NoNo- while a pre-1998 law prohibits research "on a living embryo up to 265 days post fertilization", the statute definition of "living" would appear to exclude blastocyst-stage embryos from which hESC lines are derived; however, others have interpreted this differently   Bills in House (HF 34) and Senate (SF 100) would permit hESC and NT research and would allocate state funds for stem cell research; Governor Pawlenty has indicated he may veto the legislation.
Mississippi No No    
Missouri Yes<p>Yes- The 2006 Missouri Stem Cell Research and Cures Initiative created an amendment to the state constitution which: expressly protects the rights of scientists and institutions to conduct any "stem cell research permitted by federal law", including hESC and NT research (though it would prohibit creation of IVF embryos solely for research purposes); ensures access of Missouri patients to "any stem cell therapies and cures permitted under federal law"; imposes ethical and safety guidelines</p> No<p>No</p>   <p><font>The group "Cures without Cloning" has proposed a November 2008 voter ballot initiative which would modify the Missouri Stem Cell Research and Cures Initiative (2006) by prohibiting NT. Ballot language is in dispute, and signature collection is required to permit the initiative.</font></p>
Montana No No    
Nebraska No<p>No</p> No<p>No</p> <p>Prohibits use of some state funds (tobacco settlement dollars) for hESC research</p> <p>A Senate bill (“Human Cloning Prohibition Act” LB700) would ban NT research. LB 483, governing state research funding to universities, would exclude hESC and human fetal tissue research from receipt of state funds.</p>
Nevada No No    
New Hampshire No No    
New Jersey Yes<p>Yes - Law permits hESC derivation and research; permits NT; requires IVF clinics to inform clients of option to donate excess embryos for research</p> No<p>No</p> <p>2004 law created New Jersey Stem Cell Research Institute; committed $9.5 million for research; $5 million awarded to 17 projects in December 2005. Law signed in December 2006 allows the state to borrow $270 million for expansion of hESC research facilities.</p> <p>A November 2007 voter ballot referendum to approve borrowing $450 million to fund stem cell research for 10 years failed 53-47.</p> <p>Pending Assembly bills (AB1281) would repeal state statutes defining creation, use and disposition of human embryos, with implications for hESC and NT research (eg currently allows NT) and (AB669) to prohibit public funding for hESC research. Pending assembly bill AB716 would establish a statewide cord blood banking initiative.</p>
New Mexico No<p>No</p> No   <p>Governor Richardson’s proposed state budget includes a one-time $3.8 million funding request and $2.2 million in annual funding to build a facility for stem cell research.</p>
New York No<p>No</p> No<p>No</p> <p>Governor Spitzer and the legislature signed off on a 10-year ($600) stem cell research funding package and appropriated $100 million for fiscal year 2008, which begins April 2007</p> <p>Senate bill 1257 would authorize stem cell research, including hESC research and use of state funds for the research; it would prohibit reproductive cloning. Senate bill 2923 would create the New York Stem Cell Research Institute. AB 8428 and SB 5268 would direct state stem cell research funds to research with greatest potential for near-term clinical benefit in human patients.</p>
North Carolina No<p>No</p> No<p>No</p>   <p>HB 1837, the Stem Cell Research Health and Wellness Act, would create a state stem cell research initiative, appropriating funding for stem cell research ($10 million for 2007-2008) and expressly authorizing research use of hESCs derived from excess IVF embryos.</p>
North Dakota No YesYes - Law prohibits NT and receipt of the product of NT; prohibits research use of "live human fetus" (legal definition could prohibit research use of IVF embryos)    
Ohio No No 2003 initiative allocated $19.5 million state funds for stem cell research center, a public-private partnership supporting adult stem cell research and excluding hESC research  
Oklahoma No No   A joint resolution (1010) would create a voter ballot initiative for a proposed state constitutional amendment to create the Oklahoma Research and Cures Initiative; would authorize hESC research, but prohibit creation of a blastocyst by fertilization for research. House bill 1881 would prohibit destruction of human embryos or use of cells derived in violation of the statute
Oregon No<p>No</p> No<p>No</p>    
Pennsylvania No NoNo (Abortion statute has been interpreted by some to be restrictive, National Conference of State Legislatures interprets the restrictions as limited to abortion)    
Rhode Island No<p>No</p> No<p>No</p>   <p>HB6082 would permit research involving hESC derivation from excess IVF embryos; would also permit human embryonic germ cells derivation and NT.</p>
South Carolina No No   Senate bill (S0173) would enact the “Biotechnology Act of 2008” and authorize stem cell research, including hESC derivation and use.
South Dakota No YesYes - Law prohibits non-therapeutic research use of human embryos    
Tennessee No No    
Texas No<p>No</p> No<p>No</p>    
Utah No No    
Vermont No No    
Virginia No<p>No</p> No<p>Unclear - may prohibit research on a NT-derived embryo or fetus (state human cloning statute is unclear about definitions of "human being" produced by cloning)</p> <p>2005 legislature created a fund for stem cell research (Christopher Reeve SCR Fund), not to include support for hESC research; 2005 law called for creation of legislative committee to study "medical, ethical, and scientific issues related to stem cell research", including hESC research</p> <p><font><font><font>House bill (HB) 2256 would allow use of Christopher Reeves Stem Cell Research Fund for hESC research. House joint resolution (HJ 584) to continue the “<span>Joint Subcommittee to Study Medical, Ethical, and Scientific Issues Relating to Stem Cell Research Conducted in the Commonwealth” was adopted.<br /> </span></font></font></font></p>
Washington No No 2005 law created the Life Sciences Discovery Fund, scope includes regenerative medicine <font><font><font>Three house bills (HB 1336, 1730, 1732) would expressly authorize hESC research, including derivation and create a human stem cell research advisory committee.</font></font></font>
West Virginia No No    
Wisconsin No<p>No</p> No<p>No</p> <p><font>Governor Doyle signed an executive order (#147, April 2006) to direct $5 million in funding to recruit stem cell researchers to the state; the order also sets a goal for the state to capture at least 10% of the stem cell technology market by 2015.</font></p> <p>The governor proposed, and the state building commission approved as part of 2006 budget, $375 million for the Wisconsin Institute for Discovery, a proposed public-private partnership; governor has allocated additional funds to attract commercial stem cell research.</p>
Wyoming No No    

 

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