BILL REQ. #: H-0132.1
| State of Washington | 59th Legislature | 2005 Regular Session |
Read first time 02/04/2005. Referred to Committee on Health Care.
AN ACT Relating to prohibiting the cloning of human embryos; adding a new chapter to Title 70 RCW; prescribing penalties; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 (1) The legislature of the state of
Washington finds that:
(a) At least one company has announced that it has successfully
cloned a human being at the early embryonic stage of life, and others
have announced that they will attempt to clone a human being using the
technique known as somatic cell nuclear transfer;
(b) Efforts to create human beings by cloning mark a new and
decisive step toward turning human reproduction into a manufacturing
process in which human beings are made in laboratories to preordained
specifications and, potentially, in multiple copies;
(c) Creating cloned live-born human children begins by creating
cloned human beings at the embryonic stage of life, a process which
some also propose as a way of creating human embryos for destructive
research as sources of stem cells and tissues for possible treatment of
other humans;
(d) Many scientists agree that attempts at cloning to produce
children pose a massive risk of either producing children who are
stillborn, unhealthy, or severely disabled, and that attempts of
cloning for biomedical research always result in the destruction of
human beings at the embryonic stage of life when stem cells are
harvested;
(e) The prospect of creating new human life solely to be exploited
or destroyed in these ways have been condemned on moral grounds by
many, as displaying a profound disrespect for life;
(f) The distinction between therapeutic and reproductive cloning is
a false distinction scientifically because both begin with the
reproduction of a human being at the embryonic stage of life, one
destined for implantation in a womb, and one destined for destructive
farming of its stem cells. Regardless of its ultimate destiny, all
human embryos are simultaneously human beings;
(g) It will be nearly impossible to ban only attempts at cloning to
produce children if cloning for biomedical research is allowed because:
(i) Cloning would take place within the privacy of a doctor-patient
relationship;
(ii) The implantation of embryos to begin a pregnancy is a simple
procedure; and
(iii) Any government effort to prevent the implantation of an
existing cloned embryo, or to prevent birth once implantation has
occurred would raise substantial moral, legal, and practical issues.
(2) Based on the legislature's findings, it is the purpose of this
chapter to prohibit the use of cloning technology to initiate the
development of new human beings at the embryonic stage of life for any
purpose.
NEW SECTION. Sec. 2 The definitions in this section apply
throughout this chapter unless the context clearly requires otherwise.
(1) "Human cloning" means human asexual reproduction, accomplished
by introducing the genetic material of a human somatic cell into an
oocyte whose nucleus has been removed or inactivated, to produce a
living organism with a human or predominantly human genetic
constitution.
(2) "Somatic cell" means a cell having a complete set of
chromosomes obtained from a living or deceased human body at any stage
of development.
(3) "Oocyte" means the human female germ cell.
(4) "Embryo" means an organism of the species homo sapiens from the
single cell stage to eight weeks development.
(5) "Fetus" means an organism of the species homo sapiens from
eight weeks development until complete expulsion or extraction from a
woman's body, or removal from an artificial womb or other similar
environment designed to nurture the development of such organism.
NEW SECTION. Sec. 3 It is unlawful for any person or entity,
public or private, to intentionally or knowingly:
(1) Perform or attempt to perform human cloning;
(2) Participate in an attempt to perform human cloning;
(3) Transfer or receive the product of human cloning for any
purpose; or
(4) Transfer or receive, in whole or in part, any oocyte, embryo,
fetus, or human somatic cell, for the purpose of human cloning.
NEW SECTION. Sec. 4 Nothing in this chapter restricts areas of
scientific research not specifically prohibited by this chapter,
including in vitro fertilization, the administration of fertility
enhancing drugs, research in the use of nuclear transfer or other
cloning techniques to produce molecules, DNA, tissues, organs, plants,
or animals other than humans, or cells other than human embryos.
NEW SECTION. Sec. 5 (1) A person or entity that violates section
3 (1) or (2) of this act is guilty of a gross misdemeanor.
(2) A person or entity that violates section 3 (3) or (4) of this
act is guilty of a misdemeanor.
NEW SECTION. Sec. 6 A person or entity that violates any
provision of this chapter and derives a pecuniary gain from such
violation shall be fined five thousand dollars or twice the amount of
gross gain, or intermediate amount, at the court's discretion.
NEW SECTION. Sec. 7 A violation of this chapter constitutes
unprofessional conduct under chapter 18.130 RCW and shall result in
permanent revocation of the violator's license to practice medicine.
NEW SECTION. Sec. 8 A violation of this chapter may be the basis
for denying an application for, for denying an application for the
renewal of, or revoking any license, permit, certificate, or any other
form of permission required to practice or engage in a trade,
occupation, or profession.
NEW SECTION. Sec. 9 If any provision of this act or its
application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other
persons or circumstances is not affected.
NEW SECTION. Sec. 10 This act is necessary for the immediate
preservation of the public peace, health, morals, or safety, or support
of the state government and its existing public institutions, and takes
effect immediately.
NEW SECTION. Sec. 11 Sections 1 through 10 of this act
constitute a new chapter in Title