S-3650.2  _______________________________________________

 

                         SENATE BILL 6393

          _______________________________________________

 

State of Washington      56th Legislature     2000 Regular Session

 

By Senators Stevens, Swecker, Sheahan and Hochstatter

 

Read first time 01/14/2000.  Referred to Committee on Health & Long‑Term Care.

Requiring informed consent to obtain fetal tissue.


    AN ACT Relating to requiring informed consent in order to obtain fetal tissue; adding a new section to chapter 70.54 RCW; and prescribing penalties.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

 

    NEW SECTION.  Sec. 1.  A new section is added to chapter 70.54 RCW to read as follows:

    (1) Any entity that obtains human fetal tissue, or any biological products as a result of a human abortion or expulsion of a fetus shall have the informed consent of the biological parents of the fetus.

    (2) Informed consent shall be in writing and disclose the purpose for which the entity is obtaining tissue or products and clearly identify the parties to the consent.

    (3) Failure to obtain necessary informed consent shall constitute a misdemeanor punishable under RCW 9.92.030.  A person may pursue a civil cause of action and recover their attorneys' fees and costs upon prevailing under this section.

    (4) Fetal tissue or any biological products may be donated for medical research purposes with the consent of the biological parents of the fetus.  If the biological parents do not consent, the fetal tissue or biological products must be destroyed.  Compensation must not be paid to acquire fetal tissue or any biological products.

 


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