BILL REQ. #:  H-2653.1 

READ FIRST TIME 2/28/07.   

     AN ACT Relating to the use of the life sciences discovery fund for human stem cell research; adding a new section to chapter 68.50 RCW; adding a new section to chapter 43.350 RCW; and creating a new section.

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

NEW SECTION.  Sec. 1   The legislature supports the use of stem cell research including projects funded through the life sciences discovery fund to treat and prevent serious and debilitating diseases and conditions, including Parkinson's disease, diabetes, strokes, and birth defects. The legislature recognizes careful national deliberations in law, ethics, and sciences through the national academies of science and the legislature intends to promote biomedical research for the benefit of all patients, including stem cell research in Washington state consistent with national recommendations and processes.

NEW SECTION.  Sec. 2   A new section is added to chapter 68.50 RCW to read as follows:
     (1) Except as specified in subsection (2) of this section, human stem cells from any source may be donated for research purposes if the donor has provided written consent to use the human stem cells for such purposes and the donor has not received valuable consideration for the donation.
     (2)(a) Individuals may donate human embryonic stem cells for research purposes if the human embryonic stem cells are obtained from blastocysts that are generated by in vitro fertilization procedures, the donation is made pursuant to the valid informed consent of both the donors of the sperm and egg that created the blastocyst, and the donor has not received valuable consideration for the donation.
     (b) Informed consent to donate human embryonic stem cells for research is valid only if both the sperm and egg donors acknowledge in writing that they have been informed of the opportunity for disposing of blastocysts through: Donating the blastocyst for research purposes; donating the blastocyst to another person; thawing the blastocyst without further action; or disposing of the blastocyst in another method.
     (c) In the event that a sperm or egg donor has died or has provided a written relinquishment of his or her right to select the disposition of the blastocyst to the other donor, the other donor may select the disposition of the blastocyst.
     (3) For purposes of this section:
     (a) "Blastocyst" means a preimplantation embryo consisting of approximately one hundred fifty cells that are organized into an inner and outer cell layer surrounding a fluid-filled cavity. The cells of the inner layer, from which embryonic stem cells are derived, consists of undifferentiated cells that have the potential to become any type of cell in the human body.
     (b) "Valuable consideration" has the same meaning as in RCW 68.50.610.

NEW SECTION.  Sec. 3   A new section is added to chapter 43.350 RCW to read as follows:
     (1) No money from the life sciences discovery fund may be used to support research involving human stem cells, including human embryonic stem cells, unless the human stem cells were donated in compliance with section 2 of this act.
     (2) No public funds may be distributed for the following purposes:
     (a) No money from the life sciences discovery fund may be used to injure an embryo that has been implanted in a uterus.
     (b) No money from the life sciences discovery fund may be used to clone an individual by means of asexual reproduction of a human being by transplanting a blastocyst that has been created by somatic cell nuclear transfer into a uterus or substitute for a uterus with the purpose of creating a human being.